If a state is a victim of unlawful malicious cyber activity which is
attributable to a perpetrator state, the victim state may be able to
take countermeasures (whether in cyberspace or through another
means) against the perpetrator state, under certain circumstances.
Countermeasures are measures, which would otherwise be
unlawful, taken to secure cessation of, or reparation for, the other
state’s unlawful conduct. Countermeasures in cyberspace cannot
amount to a use of force and must be proportionate.
Separate to countermeasures States are able to respond to other
states’ malicious activity with acts of retorsion, which are unfriendly
acts that are not inconsistent with any of the state’s international
obligations.
Australia’s transparency about the policies and procedures that inform its
operational and strategic responses to cyber incidents are designed to
promote common understandings, increase predictability, foster trust and
reduces the risk of miscommunication during times of crisis.
This norm imposes a negative obligation.
Australia does not knowingly allow its territory to be used for internationally
wrongful acts using ICTs.
Australia’s commitment to act in accordance with this norm is demonstrated
by:
(c) States should not
knowingly allow their territory
to be used for internationally
wrongful acts using ICTs
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A comprehensive set of offences to address cybercrime and the
misuse of telecommunications (including those that either
specifically target ICT systems, or the use of ICT systems to facilitate
other traditional crime types such as fraud), which are consistent
with the Council of Europe Convention on Cybercrime (the Budapest
Convention), and are drafted in technology-neutral terms to
accommodate advances in technology.
Public statements that Australia will act in accordance with the 2015
UNGGE norms and reports of the UNGGE (see: e.g.: Australia’s
International Cyber Engagement Strategy or Australia-China High
Level Dialogue Joint Statement)
Publishing Australia’s views on what constitutes an internationally
wrongful act using ICTs, namely that
The law on state responsibility, much of which is reflected in the
International Law Commission’s Articles on the Responsibility of
www.dfat.gov.au/cyberaffairs
esafety.gov.au/parents