International Law applicable in cyberspace
international.gc.ca/world-monde/issues_development-enjeux_developpement/peace_securitypaix_securite/cyberspace_law-cyberespace_droit.aspx
Table of contents
Introduction
1. The recent rise in malicious online activities and rapid developments in cyber
capabilities have led States to consider questions on how international law applies
to State activity in cyberspace.
2. Canada supports the rules-based international order (RBIO), grounded in respect
for international law. Canada considers that the RBIO extends to moderating State
behaviour in cyberspace.Footnote 1 To this end, Canada has been active in
multilateral efforts to create the framework for responsible State behaviour in
cyberspace.Footnote 2
3. Canada supports calls for States to develop and publish their national views on how
international law applies in cyberspace. States have started stepping forward to
issue statements on their national views. Canada is now in a position to do this
ourselves. This follows several years of intensive consultations, reflection on the
views of a range of States, and participation in formal and informal processes with
States and other key stakeholders.Footnote 5
4. Canada believes that the articulation of national positions on how international law
applies to State action in cyberspace will increase international dialogue and the
development of common understandings and consensus on lawful and acceptable
State behaviour.Footnote 6 These statements can help reduce the risk of
misunderstandings and escalation between States arising from cyber activities.
5. Canada continues to strongly advocate for capacity-building on the application of
international law in cyberspace. We are committed to ensuring that the broadest
possible group of States participates effectively in addressing these important
questions, which increasingly affect all States.
6. This statement sets out Canada’s current view on key aspects of international law
applicable in cyberspace and explains how these apply. Where possible we have
included examples to better illustrate our position on a given aspect. Cyber-related
challenges are magnified by rapid technological developments and the everincreasing activities of malicious actors. Recognizing the ongoing nature of
technological change, Canada will continue to develop and publicise its views,
including through dialogue with other States and stakeholders.
General application of international law
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