International Cyber Engagement

Overview

• The regulation of cyber space at the international level is rapidly developing, predominantly driven by the dual processes being pursued by States through the United Nations Group of Governmental Experts and the Open-Ended Working Group. The mandates of both groups significantly overlap, although have different compositions.

Background

• In December 2018, the United National General Assembly (UNGA) established two processes to discuss responsible state behaviour in cyberspace: an inaugural Open Ended Working Group (OEWG) (A/Res/73/27); and, a sixth Group of Governmental Experts (GGE) ((A/Res/73/266). The UN GGE's reports have affirmed that existing international law applies to cyber space.
• The OEWG was due to issue its final report in 2020 but has been delayed until March 2021 due to COVID-19. The GGE was due to deliver its final report in July 2020, but now the fourth and final session of the GGE will now occur by May 2021.

Legal Framework

Framework for Responsible State Behaviour in Cyberspace

• The 2010, 2013 and 2015 UN Group of Government Expert outcome reports affirm that existing international law — and in particular, the charter of the United Nations in its entirety — is applicable and essential to maintaining peace and stability and promoting an open, secure, stable, accessible and peaceful ICT environment.
• The UN GGE reports of 2010, 2013 and 2015 articulate voluntary non-binding norms of responsible state behaviour, while recognising the need for confidence building measures (CBMs), and coordinated capacity building. Combined, these measures (international law, norms, CBMs and capacity building) are often referred to as a Framework for Responsible State Behaviour. Every UN member state has endorsed – by consensus – the reports of the 2010, 2013 and 2015 GGE. These reports provide the foundation for the work of the inaugural OEWG and the sixth GGE.
  • UNGGE Report 2010
  • UNGGE Report 2013 and Resolution
  • UNGGE Report 2015 and Resolution
  • UNGGE Establishing Resolution 2018
  • OEWG Establishing Resolution 2018

Regulatory & Policy Framework

• Australia's International Cyber Engagement Strategy
  • Australia's position on how international law applies to state conduct in cyberspace
  • Supplement to Australia’s Position on the Application of International Law to State Conduct in Cyberspace
• Australia Non Paper: Case studies on the application of international law in cyberspace
• Australia’s International Cyber and Critical Tech Engagement Strategy (2021)
• Cyber and Critical Tech Cooperation Program

Relevant Organisations

• Department of Defence (DoD)
• Australian Signals Directorate (ASD)
• Australian Cyber Security Centre (ACSC)
• Department of Foreign Affairs and Trade (DFAT)
  • International Cyber and Critical Technology Engagement Group
• Department of Home Affairs
  • Australian Security Intelligence Organisation (ASIO)
  • NATO Cooperative Cyber Defence Centre of Excellence

Inquiries & Consultations

• DFAT Public consultation: Responsible state behaviour in cyberspace in the context of international security at the United Nations (2019-2020)
• DFAT Public Consultation: International Cyber and Critical Technology Engagement Strategy (submissions closed 16 June 2020)

Industry Materials

• The Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations published in 2017 is the most comprehensive analysis on how existing international law applies to cyberspace.
• INCYDER - An interactive database features cyber security documents from major international organisations and articles by CCDCOE researchers on recent trends and developments within these organisations.
• François Delerue, Frédérick Douzet and and Aude Géry, ‘The Geopolitical Representations of International Law in the International Negotiations on the Security and Stability of Cyberspace’ (Report No 75, IRSEM/EU Cyber Direct, November 2020)
• Michael N Schmitt, 'Foreign Cyber Interference in Elections' (2021) 97 International Law Studies 739
• Tilman Rodenhäuser and Kubo Mačák, 'Even ‘cyber wars’ have limits. But what if they didn’t?' (9 March 2021, EJIL: Talk!)
• Mariarosaria Taddeo, 'Just Information Warfare' in M Taddeo and L Glorioso (eds), Ethics and Policies for Cyber Operations (Springer, 2017)
• Publications
  • UN Office for Disarmament Affairs - Open Ended Working Group & Group of Government Experts

Related Topics

• Espionage, Sabotage and Foreign Interference
• Hacking Back
• Security of Critical Infrastructure