BY ALEX GRIGSBY
It’s Oct as well as the United Nations General Assembly as well as subsidiary committees convey started their piece of occupation inward earnest. As expected, Russian Federation tabled a draft resolution seeking the General Assembly’s endorsement of an “international code of bear for international data security,” as well as a resumption of the UNGroup of Governmental Experts (GGE) procedure adjacent year. Somewhat less expected, however, is that the the States tabled a competing resolution, setting upward a clash betwixt Russia, China, as well as their largely autocratic friends on ane side, as well as the United States, the European Union, Canada, Japan, as well as Commonwealth of Australia on the other. First, roughly background. Almost every twelvemonth since 1998, Russian Federation has sponsored a General Assembly resolution called “Developments inward the plain of data as well as telecommunication inward the context of international security.” It’s the machinery through which United Nations fellow member states limited trouble concern that malicious activity inward mesh tin strength out undermine international peace as well as security. It’s too the resolution that created the GGEs on cybersecurity inward 2004/5, 2009/10, 2012/13, 2014/15, as well as 2016/17. Three of those GGEs (2010, 2013, as well as 2015) led to consensus reports that recommended states abide yesteryear a gear upward of norms—including the applicability of international police pull to cyberspace—, participate inward confidence edifice measures, as well as back upward capacity edifice initiatives to trim the gamble that province actions inward mesh threaten international peace as well as security.
A few weeks ago, I previewed this year’s iteration of the Russian resolution:
The text of the resolution has non been made public, but it is probable to live on a combination of existing cyber norms the GGE agreed to inward 2013 and 2015 as well as previous iterations of another code of conduct members of the Shanghai Cooperation Organization (SCO) proposed inward 2011 as well as 2015. The inclusion of the SCOlanguage volition brand the the States as well as like-minded countries balk given its negative human rights implications. Nevertheless, the proposed Russian resolution could in all likelihood live on salvaged through negotiation that strips it of the SCO code’s worst elements, keeps the consensus GGE language, as well as mandates the creation of a novel GGE to selection upward where the final ane roughshod apart.
The text of the proposed Russian resolution is now public, as well as it’s near every bit expected. It cherry picks roughly of the worst elements from the previous Codes (e.g. promotes concepts of “cyber sovereignty,” sidelines the travel of the mortal sector, etc.), unironically bemoans the spread of disinformation online, as well as mischaracterizes previous consensus GGE text. It too calls for a novel GGE alongside the mandate of identifying ways to implement the novel code of conduct, brand changes every bit necessary, as well as to study the possibility of establishing an ”institutional dialogue” on cyber issues inside the United Nations.
The the States must convey deemed the Russian text unsalvageable because it proposed its ain competing resolution, backed yesteryear European Union countries, Canada, Australia, as well as a few others. It applauds the piece of occupation of the previous GGEs, calls on fellow member states to abide yesteryear the previous reports’ recommendations, as well as requests a novel GGE live on established alongside largely the same mandate every bit previous ones.
Contrary to previous iterations, however, the the States asks that whatever written report comes from the novel GGE should include an annex “containing national contributions of participating governmental experts on the dependent plain of how international police pull applies to the usage of data as well as communication technologies yesteryear States.” The the States started laying out its agreement of how international police pull applies online inward the Obama direction (here as well as here), as well as has encouraged countries to exercise the same. Earlier this year, the Great Britain Attorney General set out his country’s views on the matter. By pushing for an annex inward the GGE report, the the States is trying to larn Russia, China, as well as others on the record—particularly salient for China every bit it has remained soundless on whether international humanitarian police pull applies online.
I’m non a United Nations procedure expert, as well as then it’s difficult to say how this volition play out. But if I were a betting man, I’d position my coin on the U.S.approach coming out on top. As an institution, the United Nations prefers incrementalism over radical change. That makes it much harder for Russia, China as well as the remainder of the SCO members to drum upward back upward for a twenty-five paragraph code of bear that contains vague linguistic communication by as well as large unfamiliar to many states. By contrast, the U.S. resolution has to a greater extent than similarities to Russia’s previous resolutions, an wages given that they volition live on familiar to diplomats at the United Nations who prefer sticking to previously agreed text.
No affair what happens every bit diplomats haggle over the particulars of the resolution, await a novel GGE adjacent year. The solely opened upward inquiry at this bespeak is its mandate, as well as that should live on made clear inward the adjacent few weeks. 
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