United States Comments on the Chair’s Pre-draft of the Report of the UN Open Ended Working Group (OEWG) The United States wishes to thank Ambassador Lauber and his team for drafting a fair and comprehensive “pre-draft” that will serve as an excellent basis from which the OEWG can continue its work, and we welcome the opportunity to provide comments. Our comments here reflect our views on how to strengthen the text and help make it an influential product that will improve international cyber stability. We look forward to future OEWG informal and formal sessions as we work toward a consensus report in July 2020. General Comments Paragraph 13 of the introduction notes that sections B-G are intended to reflect the discussions of the OEWG and its recommendations. The current text of those sections contains a number of proposals raised and/or supported by only a limited number of States that we would not view as consensus recommendations. The structure of the draft does not make it clear if these ideas are intended to be included as a record of the discussions, or if they are being proposed as possible consensus recommendations. We would recommend using the term “recommendations” to refer only to content with respect to which all member states could reasonably find common ground. Proposals that have little or no chance of achieving consensus should not be included in the OEWG report. The pre-draft contains several proposals for repositories. Some of these ideas have merit, but others may duplicate existing efforts. Also, States may have limited capacity for contributing to such repositories. We should seek to prioritize those proposals that are achievable and fill urgent gaps, such as States sharing their views regarding how international law applies to States’ use of information and communications technologies (ICTs) or regarding States’ implementation of norms, while also acknowledging other ongoing international efforts that could be strengthened, such as the Global Forum on Cyber Expertise’s (GFCE’s) work on capacity building. All these new proposals must remain voluntary and State-led, and be undertaken within existing resource constraints. “Supranational,” “trans-border,” and “transnational” critical infrastructure were terms used by OEWG delegates, but it is unclear to us if delegates were using those terms interchangeably or not. If delegates view those terms as synonymous, we should choose one term to describe such critical infrastructure with international implications. If the terms are not viewed as synonymous, we should explain the distinctions among the terms. We are also unsure what it means to declare “supranational critical information infrastructure” a “special category” of such infrastructure, with protection that is a “shared responsibility” of all States. Most ICT infrastructure is owned and operated by the private sector and is located within the jurisdictions of individual States.

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