-
states for Internationally Wrongful Acts, applies to state behaviour in
cyberspace.
Under the law on state responsibility, there will be an internationally
wrongful act of a state when its conduct in cyberspace – whether by
act or omission – is attributable to it and constitutes a breach of one
of its international obligations (see, e.g.: Australia’s position on how
international law applies to state conduct in cyberspace, 2019
International Law Supplement).
Publishing Australia’s views on what states should do if they are aware of an
internationally wrongful act originating from or routed through its territory,
namely that:
To the extent that a state enjoys the right to exercise sovereignty
over objects and activities within its territory, it necessarily
shoulders corresponding responsibilities to ensure those objects
and activities are not used to harm other states. In this context,
we note it may not be reasonable to expect (or even possible
for) a state to prevent all malicious use of ICT infrastructure
located within its territory. However, in Australia's view, if a
state is aware of an internationally wrongful act originating from
or routed through its territory, and it has the ability to put an
end to the harmful activity, that state should take reasonable
steps to do so consistent with international law see, e.g.:
Australia’s position on how international law applies to state
conduct in cyberspace)
By publishing these views, Australia seeks to promote common
understandings, increase predictability, foster trust and reduces the risk of
miscommunication during times of crisis.
(d) States should consider how
best to cooperate to exchange
information, assist each other,
prosecute terrorist and
criminal use of ICTs and
implement other cooperative
measures to address such
threats. States may need to
consider whether new
measures need to be
developed in this respect;
Cybercrime
Australia acceded to the Council of Europe Convention on Cybercrime (the
Budapest Convention) in 2012. The Convention requires Parties to
criminalise activity that undermines the confidentiality, integrity and
availability of computer data and systems. It provides a basis for harmonised
criminal offences, procedural and investigatory powers, and international
cooperation to combat cybercrime. The Convention is deliberately
technology-neutral, which allows it to evolve and maintain relevance as new
technologies emerge.
Accession to the Convention has assisted Australian law enforcement
agencies to investigate, prosecute and disrupt cybercrime. The Convention is
a valuable mechanism to strengthen international cooperation on
www.dfat.gov.au/cyberaffairs
esafety.gov.au/parents