UK response to Chair’s initial ‘Pre-draft’ of the report of the OEWG on developments in the field of information and telecommunications in the context of international security The following comments are provided in response to the Chair’s request as per his letter of 16 March 2020. The UK welcomes the opportunity to provide these comments and extends its sincere thanks to the Chair and his team for their significant and continued efforts. Comments are provided by section, and not line-by-line, as requested. We look forward to the opportunity to provide that more detailed comment in due course. General Comments We recall the Chair’s guidance that we should aspire in our report to focus on areas of convergence between States, whilst reflecting the diverse range of national positions. We continue to support this aim. The pre-draft could clarify its focus on areas of convergence, whilst making clear where the text aims to reflect rounded discussion. It is important to reflect accurately the different arguments raised, and the support for them, to avoid creating false impressions of consensus. In the current context, we particularly recognise the potential for risks to international peace and security arising from malicious activity that seeks to exploit periods of reduced national and international resilience. We welcome the helpful framing of the challenges faced in protecting critical national infrastructure (B19) in this regard, which may include the challenge of protecting medical facilities. We emphasise the international focus required to deliver capacity building in support of this (F49) in periods where national resources available for cybersecurity may be restricted. Discussion in the Open-Ended Working Group (OEWG) highlighted the need to accurately capture and reflect the relationship between binding international law and voluntary, nonbinding norms. We welcome the framing of this in Chapeau D which we consider could be strengthened through the addition of the words ‘...in the use of ICTs. They do not stand alone’. We would welcome greater clarity in a range of references to this interplay (A12 ‘regulate and guide’, C26 ‘normative framework’, D38 ‘upgrading norms’, C29 ‘binding commitments’; D34 ‘consistent with international law’; H67 ‘reinforce and complement’). We stress that the norms guide state behaviour, together with international law that regulates it. Both are part of the framework setting out what constitutes responsible State behaviour in the use of Information and Communication Technologies (ICTs). We welcome the substantive references within the pre-draft to the inclusive mandate of the OEWG and its implementation through engagement with stakeholders (A7, D40, E47, F54 and G64, G65). We consider we could extend existing references to stakeholder engagement into A10 ‘in various UN bodies and agencies and beyond’. We suggest that wording addressing the impetus for States to continue work together should be consistent and may be most helpfully based around the need to promote common understandings (B20 ‘urgent need for ... cooperative measures’; B21 ‘actively strengthen its collective resolve’; Chapeau G ‘to continue to work together’; G57 ‘intensify international cooperation’; H66 ‘urgent need to collectively address’).

Select target paragraph3