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The Rocky Road to Consensus: The Work of UN Groups of Governmental Experts in the Field of ICTs and in the Context of International Security, 1998–2013

2014; Taylor & Francis; Volume: 36; Issue: 5 Linguagem: Inglês

10.1080/10803920.2014.969175

1533-2128

Angela Kane,

Global Peace and Security Dynamics

ABSTRACT ABSTRACT In July 2013, a Group of Governmental Experts (GGE) working under the direction of the Main Committee of the United Nations General Assembly responsible for Disarmament and International Security (First Committee) presented a consensus report to the UN secretary-general on Developments in the Field of Information and Telecommunications in the Context of International Security. For many, the report, which builds on earlier GGE sessions and reports, marked a considerable step forward. Initial attempts at framing efforts on this within an arms control and disarmament process had met with strong resistance. Now, following some 15 years of (often tense) discussion and debate, states had reached agreement on the applicability of international law and existing norms and principles such as state sovereignty in cyberspace. The report also marked an important breakthrough in considering a number of voluntary confidence-building measures aimed at reducing risk and avoiding potential escalation because of misperceptions of the actions of others; in recognizing that international assistance and capacity-building are imperative to supporting efforts to reduce risk and enhance trust; and in bearing in mind that civil society, academia, and the private sector have an important role in supporting these efforts. This article discusses the background to the 2013 GGE report and its outcome, as well as next steps and future challenges member states face in this area. KEYWORDS: CBMscybersecuritycyberspacedisarmamentinformation and telecommunicationsinformation securitymember statesnormsUnited Nations Notes Since 1960, more than 70 such expert groups of between 10 and 30 individuals have been established by the UN to produce advice for the secretary-general under a General Assembly mandate. Recent examples include confidence-building measures in outer space activities; steps to enhance cooperation with regard to the issue of conventional ammunition stockpiles in surplus; verification in all its aspects, including the role of the United Nations, in the field of verification. Report of the Secretary-General, Scientific and Technological Developments and Their Impact on International Security (A/45/568), October 17, 1990, http://www.un.org/en/ga/search/view_doc.asp?symbol=A/45/568&referer=http://www.un.org/en/documents/&Lang=E. See http://www.btb.termiumplus.gc.ca/tpv2source?&lang=eng&srchtxt=united%20nations%20conference%20new%20trends%20science%20technology%20impl&i=1&index=alt&src_id=ONU%2D132%2DDISK1997&rlang=en&titl=United%20Nations%20Conference%20on%20New%20Trends%20in%20Science%20and%20Technology%3A%20Implications%20for%20International%20Peace%20and%20Security&fchrcrdnm=1&mob=0. In comparison with other technologies (biological, materials, nuclear, space), the report highlighted information technology as the most pervasive in the sense that it: (i) was generating a wide range of new products and/or services; (ii) had applications in many sectors of the economy; (iii) was helping reduce the costs and improve the performances of existing products, processes, and systems; (iv) was gaining widespread social acceptance with minimal opposition; and (v) was generating strong industrial interest based on perceived profitability and competitive advantage. Ibid., 15, paras. 61–62; 3, para. 9. UN General Assembly Resolution, Scientific and Technological Developments and Their Impact on International Security (A/RES/45/60), December 4, 1990, http://www.un.org/documents/ga/res/45/a45r060.htm. Letter of former minister of foreign affairs of the Russian Federation, I. S. Ivanov, to the United Nations secretary-general of September 23, 1998. Republished in S. A. Komov, ed., The International Information Security: The Diplomacy of Peace—Compilation of Publications and Documents (Moscow: 2009). According to Russian analysts, the Russian Federation was responding to developments in the field of information warfare. It was also responding to the potential implications of the Internet. See Komov, The International Information Security, 67. 1998 UN Disarmament Yearbook (New York: United Nations, 1998), 140, http://www.un.org/disarmament/publications/yearbook/en/EN-YB-VOL-23-1998.pdf. Ibid. See UN document A/RES/53/70, http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/53/70. The 10 countries were Australia, Belarus, Brunei Darussalam, Cuba, Oman, Qatar, Russian Federation, Saudi Arabia, United Kingdom, and United States. Report of the UN Secretary-General, Developments in the Field of Information and Telecommunications in the Context of International Security (A/54/213), August 10, 1999, https://disarmament-library.un.org/UNODA/Library.nsf/f4c497d5f90e302d85257631005152d2/fae7e8060174f22c8525764e0051ce60/$FILE/A-54-213.pdf. Ibid. See pages 164–166 of the 2001 UN Disarmament Yearbook (New York: United Nations, 2001), http://www.un.org/disarmament/publications/yearbook/en/EN-YB-VOL-26-2001.pdf. The GGEs have varied in size from as few as 10 members to as many as 28. See chapter 6 of the 2005 UN Disarmament Yearbook (New York: United Nations, 2005), http://www.un.org/disarmament/HomePage/ODAPublications/Yearbook/2005/Html/DY2005.htm. Strelstov, as cited in T. Maurer, Cyber Norm Emergence at the United Nations: An Analysis of the Activities of the UN Regarding Cybersecurity (Cambridge, MA: Harvard Kennedy School's Belfer Center for Science and International Affairs, 2011), 22. Information on procedural matters of the group's work is available in the short report of the secretary-general to the sixtieth session of the General Assembly: Report of the UN Secretary-General, Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (A/60/202), August 5, 2005, http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N05/453/63/PDF/N0545363.pdf?OpenElement. The issue of the potential implications for international security through the malicious use of ICTs since the first GGE had been proposed in 2001 had become clearer; the sponsors of the resolution may have concluded that the time was now much riper for collective international action. UN document A/RES/64/25, http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/463/33/PDF/N0946333.pdf?OpenElement. Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (A/65/201), July 30, 2010, http://www.unidir.org/files/medias/pdfs/information-security-2010-doc-2-a-65-201-eng-0-582.pdf. Ibid. See the secretary-general's Foreword. Because there had been no provision in the budget of the UN for the convening of such a meeting (it being unusual to have back-to-back GGEs), the matter had to be addressed by both the Advisory Committee on Administrative and Budgetary Questions and the Fifth Committee of the General Assembly (with responsibilities for administration and budgetary matters). Article 49 of the Protocol Additional to the Geneva Conventions of August 12, 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977, http://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?key=against%20adversary&action=openDocument&documentId=17E741D8E459DE2FC12563CD0051DC6C. The UN Security Council has already addressed other emerging issues not normally associated with traditional international peace and security (e.g., climate change and HIV/AIDS). Moreover, a UN Security Council Presidential Statement on Threats to International Peace and Security had already discussed the potential impact of the malicious use of ICTs by non-state actors, noting how “in a globalized society, organized crime groups and networks, better equipped with new information and communication technologies, are becoming more diversified and connected in their illicit operations, which in some cases may aggravate threats to international security.” It also noted that “the threat posed by the development of cybercrime is another particular source of concern” with regard to international security. See S/PRST/2010/4, http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/DT%20SPRST%202010%204.pdf. Additional informationNotes on contributorsAngela KaneMs. Angela Kane of Germany assumed the position of United Nations High Representative for Disarmament Affairs in March 2012. She provides the Secretary-General with advice and support on all arms control, non-proliferation, and related security matters and is responsible for the activities of the UN Office for Disarmament Affairs. Ms. Kane has had a long and distinguished career in the United Nations. In addition to substantive assignments in political affairs, peacekeeping, and disarmament, she has held various managerial functions, including with financial and policy-setting responsibilities. She served as Under-Secretary-General for Management from 2008–2012, overseeing human resources, financial management, procurement, and support services. Ms. Kane previously worked on disarmament issues for several years at the UN and was responsible for the activities of the World Disarmament Campaign.