on surveillance and other investigatory powers, consistent with international
standards and best practice, and which include independent oversight, grievance
mechanisms and access to remedy (UNGA 68/167).
States should adopt a comprehensive legislative framework on data protection
with international standards and best practice such as Council of Europe’s
Convention No. 108 and the OECD Privacy Guidelines, and which include
independent oversight, grievance mechanisms and access to remedy (UNGA 68/167).
Institute for
International
Cyber
Stability
States should clarify what human rights they interpret to be part of binding
international law. Where there is a common understanding on this then from that
point a more specific and focused approach could be developed re human rights
related to ICTs.
Microsoft
Considering the broader context, we recommend focusing on the promotion of
common understandings of specific rules of international law, as outlined in our
response to Question #4 below.xxii
Tech Accord
Cybersecurity Tech Accord signatories believe that the same rights that people
have offline must also be protected online, and that this includes the right to
freedom of expression and privacy. We urge states to ensure these are upheld, in
line with their international commitments to human rights.
To this end, we encourage states to ensure human rights are at the heart of all
their cybersecurity efforts, starting with national cybersecurity strategies, highlighted
above. States should also consider institutionalizing offices charged with protecting
human rights online, for example around online safety, information, or privacy.
Multistakeholder dialogue and engagement in pivotal in understanding how
particular polices might impact the ability of individuals to exercise their human
rights. With that in mind we urge states to consult with industry, and in particular
with civil society, when adopting cybersecurity policies and approaches domestically;
and engage with groups such as Freedom Online Coalition internationally.
(f) A State should not
conduct or knowingly
support ICT activity
contrary to its
obligations under
international law that
intentionally damages
critical infrastructure
or otherwise impairs
the use and operation
of critical
infrastructure to
provide services to the
public
Australian
Strategic
Policy
Institute,
International
Cyber Policy
Centre
Implementation of norms are demonstrated by states’ actions, capabilities, and
strategic policy direction. As this norm deals with the prohibition to damage critical
infrastructure of other States, examples of implementation include:
-
States’ acknowledgement of their sovereign cyber capabilities, including their
mandate
-
States’ sovereign cyber capabilities participate in national and international
exercises
-
States develop, enact and publish operational policies or doctrines guiding their
sovereign cyber capabilities
-
States make public statements on the application of international law and its
commitment to upholding international obligations in the conduct of cyber
operations
-
States provide transparency about the conduct and use of sovereign cyber
capabilities.
Global
Partners
Digital
See recommendations with regards to critical infrastructure protection below.
Institute for
International
Cyber
Stability
First, States should provide a list of what they consider to be critical
infrastructure. Second, States should provide their interpretation of international law
that focuses on the responses that would be lawful under international law if a State
or its proxy were to violate this norm. Seeking a common understanding on what
countermeasures under international law would be acceptable if critical
infrastructure was intentionally damaged by a State or it proxy that has been
attributed to a State would be very useful in the implementation of this norm.
Microsoft
We believe that the key step here will be to establish common standards —
both technical and legal — for attributing internationally wrongful acts to states and
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