Version 2: 2 December 2020 Informal Australian Research Paper What next for advancing responsible state behaviour at the United Nations? Established pursuant to A/Res/73/27, the Open Ended Working Group on Developments in the field of information and telecommunications in the context of international security (the OEWG) has, inter alia, a mandate “to study the possibility of establishing regular institutional dialogue with broad participation under the auspices of the United Nations.” Egypt, France, et al1 have proposed establishment of a Programme of Action on Advancing Responsible State Behaviour in Cyberspace (Cyber POA). Australia supports in-principle the joint-proposal for establishment of a Cyber POA. That said, Australia has not co-sponsored the proposal as we remain open to exploring all options and to exchanging views with all UN members states before we collectively commit to one format over another. Drawing on lessons from the Programme of Action on Small Arms and Light Weapons (SALW POA) this Research Paper considers what elements from the SALW POA a new cyber mechanism could incorporate, modify and improve upon, as well as how this may build upon the current OEWG format (i.e.: the new mechanism could provide a forum for practical cooperation and ongoing discussion, rather than the OEWG’s focus on discussion and agreement of a report). Discussions about the establishment of regular institutional dialogue are ongoing in this current OEWG. This Research Paper does not pre-suppose the outcomes of those discussions, rather it is intended to share food-for-thought on potential elements UN Member States may decide could be incorporated into any new mechanism. For the purposes of simplicity, this paper refers to the new mechanism as a “Cyber POA”. As with all the food-for-thought elements listed below, this is not intended to presuppose eventual consensus agreement on that name. Separate to ongoing discussions in this OEWG, in November 2020, the UN First Committee approved – by vote – a Russian resolution establishing a new 5-year Open Ended Working Group (the new OEWG). OP3 of the establishing resolution provides that the new OEWG will “start its activities upon the conclusion of the current Open-Ended Working Group and considering its outcomes” (emphasis added). Australia reiterates its commitment to the successful conclusion of the current OEWG, including agreement of a substantive consensus report which, inter alia, makes consensus recommendations reflecting the intent of all UN member states for the establishment of regular institutional dialogue with broad participation under the auspices of the United Nations. 1 As at time of drafting co-sponsors include: France, Egypt, Argentina, Canada, Colombia, Ecuador, Gabon, Georgia, Iceland, Japan, Lebanon, Montenegro, Morocco, Norway, Salvador, Singapore, the Republic of Korea, the Republic of Moldova, The Republic of North Macedonia, the United Kingdom, the EU and its member States (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.) A number of other delegations have spoken in support of the proposal during OEWG meetings. Sponsorship remains open.

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