(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;
Australian
Strategic
Policy
Institute,
International
Cyber Policy
Centre
Global
Partners
Digital
Implementation of norms are demonstrated by states’ actions, capabilities, and
strategic policy direction. As this norm deals with inter-state cooperation to stop
cybercrime and terrorist use of ICTs, examples of implementation include:
-
States’ use of existing law enforcement cooperation mechanisms, like mutual
legal assistance treaties, to enable (joint) operations against cybercrime and
cyber terrorism.
-
States’ ability to use Interpol’s and Europol’s 24/7 cybercrime operations
centres to assist operations and secure digital evidence
-
States establish dedicated cybercrime (police) units, like Dittipsiber (Indonesia),
Anti-Cybercrime Group (Philippines) and Australian police forces’ cybercrime
units which can engage in transborder operations and information-sharing
-
States’ active participation in Interpol, the UN open-ended intergovernmental
expert group on cybercrime and the Global Internet Forum on
Counterterrorism.
-
States’ ability to provide and/or accept capacity building resources to enhance
law enforcement in cybercrime.
-
States’ ratification of the Budapest Convention and States’ subscription to the
Christchurch Call to Action.
Best practice with regards to the addressing of cybercrime requires that the
state has developed comprehensive legislation – either as a standalone piece of
legislation or otherwise – which regulates criminal offences and criminal procedure
consistent with the Budapest Convention and international human rights law.
An example of cooperation efforts to address related threats and support global
coordination on criminal use of ICTs includes constructive engagement in existing
discussions, such as the “open-ended intergovernmental expert group to conduct a
comprehensive study of the problem of cybercrime”.xviii
Kaspersky
A greater cooperation with the community to fight cybercrime seems to us
necessary. That includes greater threat information sharing, with the use of trusted
communication channels, and greater cooperation on incident response with
cybersecurity experts and private sector entities, technical community.
An example of such a public-private collaboration for information sharing could
be the contribution agreement between INTERPOL and Kaspersky,xix signed in July
2019. Kaspersky pledged to provide human resources support, training, and threat
intelligence data on the latest cybercriminal activities to INTERPOL, strengthening
the organization’s cyberthreat hunting capabilities.
Microsoft
Beyond inter-state cooperation, cooperative relationships should be built as
necessary with members of the private sector as well as civil society and academia
with access to relevant data, information and expertise to combat criminal activity
online. For example, at Microsoft, the Digital Crimes Unit is responsible for
coordinating with law enforcement around the globe to disrupt malicious criminal
activities that interact with our infrastructure through actions including “botnet
takedowns.”
In addition, multistakeholder agreements, like the Christchurch Call to Eliminate
Terrorist & Violent Extremist Content Online,xx can help set expectations and
coordinate efforts across stakeholder groups to address dynamic challenges –
including combatting extremist content online.
Tech Accord
Firstly, states should develop an overarching strategy for information sharing
and collaboration domestically, and internationally. It should focus sharing on
actionable threat, vulnerability, and mitigation information and prioritize voluntary
information sharing. Information sharing should not only be limited to other states
but it should also include the private sector.
Secondly, states should envision information sharing as a two-way process. If
states are willing to share the information they have, their actions will demonstrate
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