Methodological Issues of the Application of Norms, Rules
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OF STATES TO PROMOTE AN OPEN, SECURE, STABLE, ACCESSIBLE AND PEACEFUL ICT ENVIRONMENT RESEARCH PROJECT INTERNATIONAL INFORMATION SECURITY RESEARCH CONSORTIUM METHODOLOGICAL ISSUES OF THE APPLICATION OF NORMS, RULES AND PRINCIPLES OF RESPONSIBLE BEHAVIOUR OF STATES TO PROMOTE AN OPEN, SECURE, STABLE, ACCESSIBLE AND PEACEFUL ICT ENVIRONMENT Edited by Prof Anatoly A. Streltsov Dr. Eneken Tikk 3 RESEARCH PROJECT INTERNATIONAL INFORMATION SECURITY RESEARCH CONSORTIUM METHODOLOGICAL ISSUES OF THE APPLICATION OF NORMS, RULES AND PRINCIPLES OF RESPONSIBLE BEHAVIOUR OF STATES TO PROMOTE AN OPEN, SECURE, STABLE, ACCESSIBLE AND PEACEFUL ICT ENVIRONMENT Edited by Prof Anatoly A. Streltsov Dr. Eneken Tikk 2020 PARTICIPANTS OF THE PROJECT Anatoly Streltsov, Moscow State University, National association of international information security, Russian Federation Valery Yaschenko, Moscow State University Russian Federation Pavel Karasyev, Moscow State University, Russian Federation Andreas Kuehn, EastWest Institute, United States of America Vladimir Ivanov, EastWest Institute, United States of America EnekenTikk, Cyber Policy Institute, Estonia Mika Kerttunen, Cyber Policy Institute, Finland Daniel Stauffacher, ICT4Peace Foundation, Switzerland ISBN 978-5-6044056-2-8 CONTENTS Foreword ................................................................................ 4 Executive summary ...................................................................... 6 I. Introduction ........................................................................... 7 PART I II. General formulation of the research problem and the need for a methodical approach ..... 9 III. Methodological remarks .............................................................12 PART II IV. General problems of applying international law to the ICT environment .................14 IV.1. The role of states in the implementation of the norms, rules and principles of responsible State behaviour ...................................................................14 IV.2. The definition of ICT environment ............................................................15 IV.3. Distinct features of the ICT environment .....................................................15 IV.4. Desired characteristics of the ICT environment ...............................................16 PART III V. Implementation of norms, rules and principles of responsible behaviour of States ........18 V. 1. Paragraph 13 (g) of the UN GGE 2015 Report .................................................18 The subject, object and purpose of the recommendation ..........................................18 Further considerations for implementing the recommendation ....................................19 Problems of implementation .....................................................................21 V. 2. Paragraph 13 (h) of the UN GGE 2015 report .................................................22 Object, subject and purpose of regulation ........................................................22 Further considerations for implementing the recommendation ....................................23 V.3. Paragraph 13 (k) of the UN GGE 2015 Report ..................................................24 Object, subject and purpose of regulation ........................................................24 Further considerations for implementing the recommendation ....................................24 VI. Conclusions and recommendations ...................................................26 Comment by the experts of the Cyber Policy Institute, The ICT4Peace Foundation, supported by the experts of the EastWest Institute ........................................26 3 METHODOLOGICAL ISSUES OF THE APPLICATION OF NORMS, RULES AND PRINCIPLES OF RESPONSIBLE BEHAVIOUR FOREWORD ernmental Experts on the norms, principles and rules of responsible behavior of states in the ICT environ- The 2000 Okinawa Declaration on the Forma- ment as the norms of “soft” law, the problem of ensur- tion of a Global Information Society ushered in a ing the practical application of these norms becomes new era in the development of mankind. This era is particularly relevant1. In the deteriorating interna- characterized by the intensive development of the tional situation, experts from many countries of the global environment of information and communi- world believe that the development of specific rec- cation technologies (ICT environment). This envi- ommendations on the implementation of the norms, ronment is made possible by the global information rules and principles of responsible behavior of states infrastructure. The ICT environment has acquired in the ICT environment could help reduce the risk of the features of a new space in international rela- conflicts associated with the hostile and malicious tions, which create new opportunities for improving use of ICTs by states in international relations. the quality of human life, sustainable development There is no doubt that international relations in of society, and for the emergence of international the ICT environment should be regulated by inter- disputes that could lead to threat or breach of in- national law. However, countries are not united as to ternational peace and security. The threat of hostile how and to what extent international law is applica- use of ICTs for politico-military purposes is growing. ble in the ICT environment. The number of ways ICTs can be used to exert for- In this regard, the initiative of the participants cible effects on the adversary and other targets are of the International Information Security Research constantly increasing. Consortium (IISRC), put forward in April 2018 at The Russian Federation, like many other coun- the International Forum in Garmisch-Partenkirchen tries, has consistently advocated for the creation of (Germany), to form an international group of ex- an international information security system aimed perts to discuss methodological differences in, and at preventing the "hostile" use of ICTs as the means develop common approaches for, assessing the ap- of resolving interstate conflicts. To this end, the Rus- plicability of norms, rules and principles of respon- sian Federation initiated the formation of several sible behavior is extremely timely to contribute to groups of governmental experts on developments an open, secure, stable, accessible and peaceful ICT in the field of information and telecommunications environment. The group included experts from in- in the context of international security. The practical terested organizations in the Russian Federation, usefulness of this initiative is now recognized by al- USA, Estonia, South Korea and Switzerland. most all states of the world. We are confident that the potential of Russian The efforts of UN governmental experts, who experts studying the problems of creating an inter- in 2003 began to study the potential dangers to national information security system and, in par- threats to international peace and security in the ticular, the practical application of the norms, rules use of ICTs, were rewarded by the adoption of a con- and principles of responsible behavior of states in sensus report to the UN Secretary General in 2010, the ICT environment, will increase significantly with 2013 and 2015. For the first time, the 2015 report the formation in 2018 of the National Association of contained recommendations on the norms, rules International Information Security. One of the im- and principles of responsible behavior of states in portant activities of the Association is to proactive- ICT environment. ly address the challenges of ensuring international With the adoption at the 73rd session of the UN information security. Based on this, the Association General Assembly of the draft Russian resolution, fix- will make efforts to promote research into the prob- ing the recommendations of the UN Group of Gov- lems of the practical application of the norms, prin- 1 UN General Assembly, Developments in the field of information and telecommunications in the context of international security. Resolution 73/27 (A/RES/73/27) of December 5, 2018. 4 OF STATES TO PROMOTE AN OPEN, SECURE, STABLE, ACCESSIBLE AND PEACEFUL ICT ENVIRONMENT ciples and rules of responsible behavior of states in President of the National Association of Interna- the ICT environment, carried out within the frame- tional Information Security work of the project of the International Consortium. Chairman, International Information Security Re- I am pleased to offer the reader the materials of search Consortium the study of an international group of experts on the results of its work in 2018–2019, which undoubtedly Vladislav Sherstyuk deserve thorough examination and further discus- sion. 5 METHODOLOGICAL ISSUES OF THE APPLICATION OF NORMS, RULES AND PRINCIPLES OF RESPONSIBLE BEHAVIOUR EXECUTIVE SUMMARY cepts and institutions, such as sovereignty, human rights or international law. The states do not agree At the request of the International Information with that, how exactly the opposite side applies Security Research Consortium, Moscow State Uni- these tools in the international relations. versity , represented by the Institute of Information Accordingly, this study offers a way to minimize Security Issues, in cooperation with Korea Universi- the effect of such disagreements by demonstrating ty, the ICT for Peace Foundation, Cyber Policy Insti- a methodological approach to developing common tute and the EastWest Institute undertook a study understanding and