to their counterparts that they are indeed a partner in threat-information sharing,
and help ensure that responders are focused on essential threats.
Thirdly, Information sharing should always be designed with privacy protections
in mind. States should include strong privacy protections for the legitimate sharing,
receipt and use of information in any cyber threat information sharing proposal.
Fourthly, on the international level, and as mentioned above, we believe the
Council of Europe Convention on Cybercrime, i.e. the Budapest Convention,
represents the most comprehensive and widely accepted international framework
aimed at prosecuting the criminal use of ICT. We therefore urge states to adopt it
and utilize its information sharing mechanisms to foster efficient information
exchange.
Finally, multistakeholder agreements, like the Christchurch Call to Eliminate
Terrorist & Violent Extremist Content Online, can help set expectations and
coordinate efforts across stakeholder groups to address dynamic challenges –
including combatting extremist content online.
(e) States, in ensuring
the secure use of ICTs,
should respect Human
Rights Council
resolutions 20/8 and
26/13 on the
promotion, protection
and enjoyment of
human rights on the
Internet, as well as
General Assembly
resolutions 68/167 and
69/166 on the right to
privacy in the digital
age, to guarantee full
respect for human
rights, including the
right to freedom of
expression;
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 including respect for human and
privacy, examples of implementation include:
-
States’ support for civil society organisations that promote digital freedoms,
domestically or internationally, like the Freedom Online Coalition or the Digital
Defenders Partnership
-
States sponsoring or co-sponsoring relevant cyber and ICT-related resolutions at
the UN Human Rights Council as a consequence of ratifying existing human
rights conventions.
-
States’ domestic framework that oversees and controls activities of law
enforcement, defence, intelligence and other security agencies
-
States’ privacy, data protections and human rights legislations, like the EU
Global Data Protection Regulation; States endorsing principles like the right to
be forgotten, and States entitling citizens access to public information (e.g.
Indonesia’s law on public information disclosure).
-
States’ efforts to protect citizens (users), in particular vulnerable groups like
children, indigenous people and elderly, in terms of e-safety. States assigning
social and due diligence responsibilities to industries and internet services
providers, like in the UK Online Harms paper.
-
States’ efforts to provide relevant advice on e-safety and cybersecurity for
human rights defenders, privacy watchdogs and whistle-blowers
With regards to this norm, the resolutions referred to provide guidance on
actions which states should take in order to comply with the resolutions. These
include the adoption of comprehensive human rights legislation (or the existence of
provisions in a constitution) which enable individuals to challenge acts which violate
their human rights and obtain remedies.
States can also recognise in their national cybersecurity strategy, or other
documents relating to the secure use of ICTs, the importance of ensuring full respect
for human rights.xxi
In order to comply with this norm, states could adopt national internet-related
public policies that have the objective of universal access and enjoyment of human
rights at their core (HRC Res. 26/13) and take steps to identify and bridge any digital
divides that exist in the state (HRC 32/13). This includes adopting measures,
including legislative measures, to ensure that persons with disabilities are able to
access information and communications technology and systems on an equal basis
with others (HRC 32/13) and promote digital literacy among its population (HRC
26/13).
The state should also prohibit measures which intentionally prevent or disrupt
access to or dissemination of information online or publicly commit not to take such
measures (HRC 32/13). It should also adopt a comprehensive legislative framework
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