  If a state is a victim of unlawful malicious cyber activity which is attributable to a perpetrator state, the victim state may be able to take countermeasures (whether in cyberspace or through another means) against the perpetrator state, under certain circumstances. Countermeasures are measures, which would otherwise be unlawful, taken to secure cessation of, or reparation for, the other state’s unlawful conduct. Countermeasures in cyberspace cannot amount to a use of force and must be proportionate. Separate to countermeasures States are able to respond to other states’ malicious activity with acts of retorsion, which are unfriendly acts that are not inconsistent with any of the state’s international obligations. Australia’s transparency about the policies and procedures that inform its operational and strategic responses to cyber incidents are designed to promote common understandings, increase predictability, foster trust and reduces the risk of miscommunication during times of crisis. This norm imposes a negative obligation. Australia does not knowingly allow its territory to be used for internationally wrongful acts using ICTs. Australia’s commitment to act in accordance with this norm is demonstrated by:  (c) States should not knowingly allow their territory to be used for internationally wrongful acts using ICTs   - A comprehensive set of offences to address cybercrime and the misuse of telecommunications (including those that either specifically target ICT systems, or the use of ICT systems to facilitate other traditional crime types such as fraud), which are consistent with the Council of Europe Convention on Cybercrime (the Budapest Convention), and are drafted in technology-neutral terms to accommodate advances in technology. Public statements that Australia will act in accordance with the 2015 UNGGE norms and reports of the UNGGE (see: e.g.: Australia’s International Cyber Engagement Strategy or Australia-China High Level Dialogue Joint Statement) Publishing Australia’s views on what constitutes an internationally wrongful act using ICTs, namely that The law on state responsibility, much of which is reflected in the International Law Commission’s Articles on the Responsibility of www.dfat.gov.au/cyberaffairs esafety.gov.au/parents

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