2.1. Framework for responsible state behaviour in cyberspace
🎯What are the current ‘rules of the road’ for states in cyberspace?
The UN negotiations have given birth to a framework for responsible state behaviour in cyberspace (further referred to as the Framework), consisting of four pillars: international law, norms, CBMs, and capacity building (video).
The framework is defined by the body of existing international agreements under the UN (informally known as the “acquis”, reminding of the term used as a reference to the EU’s body of laws), in particular the reports of the UN Group of Governmental Experts (GGE) and the UN Open-ended Working Group (OEWG).
The proposed UN General Assembly (UNGA) Resolution A/C.1/76/L.13, tabled jointly by the USA and Russia in autumn 2021, clarifies that the two core instruments which should guide states in their use of information and communication technologies (ICT) are:
- The 2021 report of the Open-ended Working Group (OEWG) (UNGA Res. A/75/816)
- The 2021 report of the Group of Governmental Experts (GGE) (UNGA Res. A/76/135)
In addition, the resolution reiterates the importance of the three previous consensus reports of the GGE: from 2010 (A/65/201), 2013 (A/68/98* and A/RES/68/243), and 2015 (A/70/174 and A/RES/70/237).
Resources
Ambassador Jürg Lauber, Permanent Representative of Switzerland to the United Nations and other Organizations in Geneva, gave a ‘masterclass’ interview for the ‘Inside Cyber Diplomacy’ podcast. In his discussion with Jim Lewis and Chris Painter, he shared experiences from his work as Chair of the OEWG, how his previous UN experience helped him increase engagement in the process, and where to go from here.
Similarly, Ambassador Guilherme Patriota, Brazil’s Consul General in Mumbai and Chair of the UN GGE on Advancing responsible State behaviour in cyberspace in the context of international security, gave an interview for the ‘Inside Cyber Diplomacy’ podcast. There, he discussed the influence his past negotiating experience had in how he chaired the group, how they had to adjust to negotiating during Covid to achieve a consensus report, and whether his future plans will involve ICTs.