to work towards defining a menu of lawful responses that could actually hold
violators accountable while deterring others from undertaking similar acts, as
outlined in our response to question #4 below.xxiii
Tech Accord
Firstly, it is clear that increased transparency around state activity online will
help increase the stability and security of our common online environment. The
Cybersecurity Tech Accord signatories therefore urge states to issue commitments
that they will act in accordance with international law as well as norms of
responsible state behavior agreed at the UN.
Secondly, we encourage states to go a step further and be transparent around
how they interpret and implement international law and norms. This will not only
help solidify these frameworks, but also allow other stakeholders to understand
what cyber operations might be seen as permissible and which ones might draw
consequences.
Thirdly, we urge states to adopt national critical infrastructure protection
frameworks. This would not only serve to implement norm g (see below), but also
increase transparency around what particular states consider critical infrastructure
under their domestic frameworks.
Finally, we encourage states to develop effective accountability frameworks,
which would allow perpetrators to be punished, and at the same time act as a
deterrent against future violations.
(g) States should take
appropriate measures
to protect their critical
infrastructure from ICT
threats, taking into
account General
Assembly resolution
58/199 on the creation
of a global culture of
cybersecurity and the
protection of critical
information
infrastructures, and
other relevant
resolutions;
Asia Pacific
Network
Information
Centre
There is work to do to define what entails critical infrastructure. Australia’s
submission to the UNOEWG process recognizes well this limitation. Something to
consider is whether and how (g) also relates to the GCSC norm to protect the “public
core”. If the interpretation is that (g) could include elements such as packet routing
and forwarding infrastructure, naming and numbering systems, cryptographic
mechanisms of security and identity, etc.; then there is much that related Internet
organizations can contribute as best practice implementation.
Australian
Strategic
Policy
Institute,
International
Cyber Policy
Centre
Implementation of norms are demonstrated by states’ actions, capabilities, and
strategic policy direction. As this norm deals with States’ efforts to protect their own
critical infrastructure, examples of implementation include:
Global
Partners
Digital
-
States conduct a mapping of their critical national infrastructure, and critical
information systems
-
States organise regular critical infrastructure incident exercises/drills and/or
conduct (sectoral) cyber risk assessments
-
States invest in developing a qualified and skilled workforce
-
National cyber security centres or CERTs have the ability and mandate to
support critical infrastructure sectors in case of incidents
-
States make best practice cyber security guidelines available, like the Australian
Government’s Information Security Manual.
-
States have legislation that describes cybersecurity responsibilities of critical
infrastructure sectors in terms of information security and data protection, like
the EU NIS Directive and GDPR, as well as Australia’s Security of Critical
Infrastructure Act and the Australian Energy Sector Cyber Security Framework
(AESCSF), and Indonesia’s 2019 implementing regulation (no. 71) in respect to
the 2012 Law of Information and Electronic Transactions law.
A range of good practices resources exist to provide guidance on appropriate
measures to protect critical infrastructure (CIP). These include those developed by
multistakeholder initiatives, including the Global Forum on Cyber Expertise (GFCE), in
collaboration with the Meridian process.xxiv They include reference to the importance
of clearly defining critical infrastructure and engaging a wide range of stakeholders,
including the technical community and civil society, due to the complex nature of the
threat landscape.
These resources recognise that the identification and protection of critical
information infrastructure (CII) should also be considered alongside CIP as critical
infrastructure is increasingly dependent on ICTs. The importance of clearly
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