- 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

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