UNIDIR Cyber Policy Portal Database

The Netherlands – written proposals to OEWG zero draft February 2021 General • Overall, we welcome the report positively. It is a comprehensive report covering the discussed elements rather sufficiently. • We are of the view that, in line with international human rights obligations, the notion of a “free” ICT environment is now missing in paragraph 27. We therefore wish to include the wording “free” in between “open” and “secure”. This is in line with what we have previously and consequently highlighted regarding cyber and human rights. Human rights and cybersecurity are complementary, mutually reinforcing and interdependent and consequently, human rights are applicable on- and offline. The same holds for paragraph 7, 13, 37, 86, 96, 103, 110, 117. • In line with the text on the protection of the public core that was included in the pre-draft, taking into account the convergence on the exact wording, we propose the following. We would like to propose to change the formulation in the last sentence of paragraph 21 on ‘integrity, functioning and availability’ to the [necessity of protecting] “the technical infrastructure essential to the general availability or integrity of the internet”. This holds for para 50 as well. Additionally, we would like to mention the importance of the “protection of the technical infrastructure essential to the general availability or integrity of the internet” under the conclusion/recommendation section of rules, norms and principles as well. This may be added as an additional paragraph. If the current GGE reaches consensus, a reference in paragraph 7 will be appropriate. • Threats • • We regard positively the mention of the potentially devastating humanitarian consequences of attacks on critical infrastructure (CI) and critical information infrastructure (CII) supporting essential services to the public such as medical facilities, but also attacks undermining trust and confidence in political and electoral processes. (paragraph 21). On gender, we would like to see a strengthened text under paragraph 11, recognizing that more gender-related data is needed to drive evidence-based policy making and addressing gender impacts of cyber security policies. International Law • We are of the view that existing international law applies in its entirety. • We welcome the attention that was brought to international humanitarian law in paragraph 29. We also note with appreciation that language endorsed by the ICRC is included. • We would like to express our concerns about the lack of clarity in paragraph 30 with respect to internationally wrongful acts. o As much as we like the reference to internationally wrongful acts, the use of proxies, and the obligation with regards to malicious acts originating from a state’s territory, we feel that paragraph 30 has undergone a few changes that are not in accordance with our view, nor with how we feel it would best reflect the discussions among the legal experts.