20.
It might be very helpful to agree that a common understanding has already been
reached on the applicability of international law to State use of ICTs. Our attention
and efforts should be focused on elaborating specific rules on what States shall and
shall not do in the ICT environment with a view to preventing conflict and enhancing
cooperation and mutual trust.
21.
The OEWG should avoid the counter-productive debate on selectively picking which
specific principles of international law apply to cyber-space and which principles do not.
22.
The OEWG should focus on translating the existing norms and recommendations into
more elaborate, operational, and binding measures that are tailored to specific
scenarios in the ICT environment, pending the conclusion of appropriate multilateral
legally-binding obligations.
23.
Once such rules are developed and agreed, it will be relatively easier to develop
mechanisms to foster and monitor their implementation by States at the national and
the international levels.
IV. Rules, Norms and Principles:
24.
Voluntary, non-binding norms of responsible State use of ICTs can reduce risks to
international peace and security in the short-term. Nevertheless, taking into
consideration the unprecedented risks and the rapid technological developments,
there is a need to step up international efforts to develop rules on ICTs security
consistent with international law, in order to sustain an open, secure, stable, and
peaceful ICT environment in the long-term.
25.
Such rules must not limit or prohibit any action that is otherwise consistent with
international law. They should set standards for responsible State behaviour and prevent
conflicts in the ICT environment while avoiding any undue restrictions on the peaceful
uses of ICTs or hampering international cooperation or technology transfer.
26.
The elaboration of such rules would contribute to more cooperation and trust not only
between governments, but also between governments and the private sector.
27.
Previous GGE reports reflected consensus on norms for responsible State behaviour
in the security and use of ICTs. Relevant regional endeavours also provide a wealth
of possible practical measures that should be consolidated under the UN umbrella.
28.
The task before this OEWG is to agree on recommendations on where the existing
norms may be codified into practical binding rules that take into account the
complexity and unique attributes of ICTs as well as the differentiated technical
capacities of Member States.
29.
The principle of common but differentiated responsibilities in the ICT environment
should represent a key element in guiding the ongoing efforts in this regard.
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