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International Law and International Organizations
Reference:

International Cooperation of States in the Field of Information Security

Duben' Andrei Kirillovich

Scientific Associate, Institute of State and Law of the Russian Academy of Sciences; Assistant, Department of Civil and Administrative Proceedings, Russian State University of Justice

119019, Russia, Moscow region, Moscow, Znamenka str., 10

k.duben@mail.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0633.2022.4.39513

EDN:

UCSZZZ

Received:

23-12-2022


Published:

30-12-2022


Abstract: The article deals with topical issues related to the development of the international information security system and shows the main directions of the development of information security in international and information law. The cross-border nature of the use of information and telecommunication technologies makes it necessary to ensure a common and indivisible international information security. The lack of a uniform interpretation of the content of the concept of "information security" in the legislation of different States and in the international treaties concluded by them does not contribute to the development of a consistent terminology for the purposes of international cooperation at the universal level. It is concluded that the key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of States designed to promote an open, safe, stable, accessible and peaceful information and communication environment. The main conclusions of the study are that international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, the priority is to combine efforts to ensure international and national information security. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.


Keywords:

international law, information law, international security, information security, digitalization, new challenges, threats and risks, transformation of law, legal support, the digital age

This article is automatically translated.

 

In the context of new challenges, threats and risks, information security acquires a cross-border character in modern legal realities. To date, the information confrontation between states is intensifying, creating a threat to the objects of critical information infrastructure. In this regard, we can state that individual countries are using their technological dominance to curb digital development, strengthen technological dependence, and implement politically motivated censorship in the global information space.

To date, the potential of digital technologies is actively used by terrorist and extremist organizations, criminals and other malefactors who carry out their illegal actions with the help of information technologies in order to defeat critical objects [1, p. 100]. In connection with the above, we can note that in the current conditions, effective counteraction to information challenges and risks requires the consolidation of the efforts of the world community and the organization of effective international cooperation in the field of international information security.

It is worth noting that in the Russian Federation one of the national interests is to protect the sovereignty of the state in the information space. Confirmation of the above is the position of the Minister of Foreign Affairs of the Russian Federation Sergey Larov, who noted that one of the main strategic challenges of our time is the risk of a large-scale confrontation in the digital sphere. In this regard, it is necessary to jointly develop and conclude a bilateral intergovernmental agreement on the prevention of incidents in the information space, as well as to exchange guarantees of non-interference in each other's internal affairs in a mutually acceptable form [2].

In turn, on December 7, 2022, at the 77th session of the General Assembly, the United Nations adopted a resolution submitted by Russia on international information security. The adoption of the international act testifies to the high interest of countries in finding joint universal solutions to international information security issues on an equal basis, recognized the possibility of developing legally binding norms for regulating the information space, strengthened cooperation between States through competent authorities and supported for this purpose the proposal to create a register of contact points in the field of international information security for the operational interaction of States to prevent and responding to incidents using information and telecommunication technologies [3]. Thus, almost a quarter of a century ago, the Russian Federation initiated the introduction of the topic of countering threats in the information space at the United Nations level and continues to pay increased attention to it, we believe that in order to effectively counter information challenges, the organization of interstate cooperation in the field of international information security is required.

The key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of states designed to promote an open, safe, stable, accessible and peaceful information and communication environment [4, p. 138]. As scientists rightly point out, one of the national interests in the information sphere is the protection of the sovereignty of states in the information space [5, p. 26].

Considering national legislation in the field of legal support of international information security, it is worth paying attention to the Fundamentals of the State Policy of the Russian Federation in the field of International Information security (approved by Decree of the President of the Russian Federation No. 213 of April 12, 2021), according to which international information security is a state of the global information space in which, on the basis of generally recognized principles and the norms of international law and the conditions of equal partnership ensure the maintenance of international peace, security and stability. At the same time, at the national level, there are various approaches of a fundamental nature to the term "information security". Today, under the influence of certain objective conditions for the development of the system of legislation of the Russian Federation and the adoption of a number of normative legal acts of strategic planning, information security is considered as a sub-branch of information law. As T.A. Polyakova rightly notes, the position of the theory of law on the relationship between the branch of law and the branch of legislation, the definition of the subject and methods of legal regulation, as well as the analysis of legislation in the field under consideration, allow us to state that legislation in the field of information security consists of a number of legal institutions characterized by internal isolation of legal norms within one or several branches of law and having a certain autonomy of functioning, based on the unity of legal principles [6, p. 136]. In our opinion, the most common problem regarding approaches to the definition of the concept of information security is that these approaches somehow "lock in" around the legal definition formulated by the legislator.

 In the Russian Federation, in the fundamental documents of strategic planning in the field of national security, information security is considered comprehensively as a state of protection from information threats of a wide spectrum [7, p. 102]. This provision is reflected in the National Security Strategy of the Russian Federation, in which national interests include sections on protecting Russian society from destructive informational and psychological impact [8, p. 223].

The purpose of Russia's state policy in the field of international information security is to promote the establishment of an international legal regime that creates conditions for the prevention (settlement) of interstate conflicts in the global information space, as well as for the formation, taking into account the national interests of the Russian Federation, of a system for ensuring international information security. At the same time, the achievement of the goal of state policy in the field of international information security is carried out by solving the tasks of developing cooperation between the Russian Federation and foreign states at the global, regional, multilateral and bilateral levels on the formation of a system for ensuring international information security, as well as countering the main threats to international information security.

As part of the implementation of these goals, the Fundamentals set out the main directions for the implementation of state policy in the field of international information security, and their key component is the systematic development of legal support for information security, which include: promoting the adoption by the UN member states of the Convention on Ensuring International Information Security and the development of new principles and norms of international law governing the behavior of states in the global information space, as well as the conclusion and implementation of international legal and other agreements between Russia and foreign states on cooperation in the field of international information security.

We believe that the legal regulation of international information security at the level of national documents is an effective legal instrument, while we can state that the level of development of international legal regulation of the sphere of international information security, despite its importance, remains insufficient.

The doctrine of information and international law has repeatedly noted the absence of a universal international treaty in the field of international information security regulating security issues in the information space. As T.A. Polyakova and A.A. Smirnov rightly point out, today there are a number of international normative legal acts that regulate relations in the field of international information security [9, p. 10]:

1. Resolutions in the field of international information security are adopted on an ongoing basis by the UN General Assembly. For example, in 1998, the resolution "Achievements in the field of informatization and telecommunications in the context of international security" was adopted, which highlighted threats to international information security and identified the main directions for the development of international cooperation between states in this area.

2. In 2000, the Okinawa Charter of the Global Information Society was adopted on the development of the information Society, including issues of the security of the use of information and communication technologies [10].

3. A number of normative legal acts are being adopted on an ongoing basis within the framework of interregional and interstate associations in the field of mass media and the Internet, the fight against crime and terrorism [11].

4. The UN has approved voluntary norms of responsible behavior of states in the ICT environment [12].

5. At the regional level, States sign international agreements in the field of international information security [13].

It is impossible to ignore the interregional cooperation in which the Russian Federation participates within the framework of signed agreements, and participation in regional organizations and forums. Deglobalization, changes in the geopolitical world order, and increased geopolitical risks for Russia reinforce the importance of interstate interaction on the platforms of the BRICS, CIS, SCO, EAEU and CSTO.

At the same time, intergovernmental organizations confirm that the UN plays a central role in promoting dialogue between Member States on the entire range of issues of ensuring international information security and prioritizes tasks for the formation of an international legal regime regulating the use of ICT by achieving universal legally binding agreements. In particular, the activities of the UN Open-ended Working Group on Security Issues in the Use of ICTs and ICTs themselves 2021-2025 advocate its preservation as a single intergovernmental negotiating mechanism under the auspices of the UN and the development of practical solutions aimed at strengthening the security of the information space.

At the same time, from the comparative legal analysis of interstate agreements in the field of international information security, it can be noted that the participating States recognize the importance of strengthening the interaction of States on the use of the Internet, including to ensure equal rights of States to access the global network, emphasize the importance of launching consultations of Member States with other interested countries, regional organizations and associations. At the same time, the member States of interregional organizations proceed from the need to intensify political interaction and enhance coordination of the promotion of coordinated approaches to information security issues in the international arena.

Thus, the international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, combining efforts to ensure international and national information security is of priority importance. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.

References
1. New horizons of development of the information law system in the conditions of digital transformation: monograph / ed.: T.A. Polyakova, A.V. Minbaleev, V.B. Naumov. M.: IGP RAS, 2022. 368 p.
2. Speech by the Minister of Foreign Affairs of the Russian Federation Sergey Lavrov in connection with the statement of the President of the Russian Federation Vladimir Putin on international information security, Moscow, September 25, 2020 // Official website of the Russian Foreign Ministry. URL: https://www.mid.ru/ru/foreign_policy/international_safety/mezdunarodnaa-informacionnaa-bezopasnost/1442774 / (accessed: 12/03/2022).
3. Interview of the Deputy Minister of Foreign Affairs of the Russian Federation O.V.Syromolotov to MIA "Russia Today" in connection with the adoption on December 7, 2022 of the UN General Assembly resolution proposed by Russia on ensuring international information security // Official website of the Russian Foreign Ministry. URL: https://www.mid.ru/ru/foreign_policy/news/1842982 / (accessed: 12/12/2022).
4. Polyakova T.A., Shinkaretskaya G.G. Problems of formation of the international information security system in the context of the transformation of law and new challenges and threats // Law and the State: theory and practice. 2020. No. 10. pp. 138-142.
5. Boyko S. Fundamentals of the State Policy of the Russian Federation in the field of international information security: regulation and implementation mechanisms // International life. 2018. No. 11. p. 26.
6. Polyakova T.A. Legal provision of information security in building an information society in Russia: Dis. ... Dr. yurid. M., 2008. 438 p.
7. New horizons of development of the information law system in the conditions of digital transformation: monograph / ed.: T.A. Polyakova, A.V. Minbaleev, V.B. Naumov. M.: IGP RAS, 2022. 368 p.
8. Smirnov A.A. The fourth priority: legal consolidation of the tasks of ensuring information security in the new National Security Strategy of the Russian Federation // Bulletin of the Voronezh State University. Series: Law. 2021. No. 3 (46). 223 p.
9. Polyakova T.A., Smirnov A.A. Legal support of international information security: problems and prospects // Russian Law Journal. 2022. No. 3. pp. 7-15.
10. Okinawan Charter of the Global Information Society // Diplomatic Bulletin. 2000. No. 8. pp. 51-56.
11. Model Law "On the right of access to information". Adopted in St. Petersburg on April 17, 2004 by Resolution 23-14 at the 23rd plenary session of the Interparliamentary Assembly of the CIS Member States // Newsletter. Interparliamentary Assembly of the Member States of the Commonwealth of Independent States. 2004. No. 34. pp. 258-270.
12. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Adopted in New York on 25.05.2000 by Resolution 54/263 at the 97th plenary meeting of the 54th session of the UN General Assembly) // NW RF. 2014 No. 7. St. 633.
13. Agreement between the Government of the Russian Federation and the Government of the People's Republic of China on cooperation in the field of international information security // Bulletin of International Treaties. 2016. No. 11. pp. 82-88

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study. The reviewed article "International cooperation of states in the field of information security" is devoted to an urgent and practically significant topic. Information security is currently provided by legal and technical measures and is of a cross-border nature. For this reason, international cooperation is important in this area of public relations.The subject of the study is the system of national and international legal norms governing cooperation between states in the field of information security. Research methodology.In the course of the work, modern methods of scientific cognition, both general scientific and private, were used. The methodological apparatus of the study consisted of the following elements of analysis: diachronic and synchronous, internal and external comparison, formal legal and sociological methods, as well as dialectical methods of scientific cognition: analysis, abstraction, induction, deduction, hypothesis, analogy, synthesis, historical and theoretical-prognostic. Empirical information was not used in the work, which undoubtedly "impoverishes" the material presented by the author. The relevance of research. In modern conditions, information security issues are of particular importance and significance. As the author himself rightly notes, "in the context of new challenges, threats and risks, information security acquires a cross-border character in modern legal realities. Today, information warfare between states is intensifying, posing a threat to critical information infrastructure facilities. In this regard, we can state that individual countries are using their technological dominance to curb digital development, increase technological dependence, and implement politically motivated censorship in the global information space." Scientific novelty. The topic chosen by the author is not completely new to Russian legal science. However, the rapid development of information and communication technologies requires adequate legal regulation, both at the domestic and international levels. Style, structure, content. It cannot be said that the style of the presented material meets the requirements for scientific papers. The title of the article needs to be adjusted. Because "cooperation of states" is a kind of "international cooperation". The paper does not provide an overview of the various points of view on the subject of the study. It is hardly appropriate to use "speeches" and "interviews" as scientific sources. The article is not structured. The material is presented inconsistently. The author's conclusions are general and poorly reasoned. Bibliography. The author has used insufficient sources on the research topic. The work of other scientists dealing with the problems of international cooperation in the field of information security has not been studied. The author mistakenly named normative legal acts as sources. Appeal to opponents. In cases where the author addresses opponents, he makes references to the original source. Addressing opponents is very correct. Conclusions, the interest of the readership. The article on the topic "International cooperation of states in the field of information security" in its presented form cannot be recommended for publication in the scientific journal International Law and International Organizations, as it needs significant revision. However, the topic chosen by the author is relevant and practically significant, and therefore may be of interest to specialists in the field of information law, as well as international (public) law. .

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "International cooperation of states in the field of information security". The subject of the study. The article proposed for review is devoted to international cooperation between "... states in the field of information security". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of information and international law, while the author notes that "In the context of new challenges, threats and risks, information security acquires a cross-border character in modern legal realities." The NPA of Russia, the provisions of international treaties and resolutions relevant to the purpose of the study are being studied. A certain amount of scientific literature on the stated issues is also studied and summarized, analysis and discussion with these opposing authors are present. However, there are other works by opposing authors who present this problem and write about it. At the same time, the author notes: "... in the Russian Federation, one of the national interests is to protect the sovereignty of the state in the information space." Research methodology. The purpose of the study is determined by the title and content of the work: "... we can state that individual countries are using their technological dominance to curb digital development, strengthen technological dependence, and implement politically motivated censorship in the global information space", "... in the current conditions, effective counteraction to information challenges and risks requires the consolidation of the efforts of the world community and the organization of effective international cooperation in the field of international information security." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and partially influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used formal legal and comparative legal methods that allowed for the analysis and interpretation of the norms of the current Legislation of the Russian Federation, international treaties and resolutions. In particular, the following conclusions are drawn: "... the information confrontation between states is intensifying, posing a threat to the objects of critical information infrastructure," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in the world and in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "... to effectively counter information challenges, the organization of interstate cooperation in the field of international information security is required." And in fact, an analysis of the opponents' work should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is this: "... the most common problem with approaches to defining the concept of information security is that these approaches somehow "lock in" around the legal definition formulated by the legislator." As can be seen, these and other "theoretical" conclusions can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "International Law and International Organizations", as it is devoted to international cooperation "... of states in the field of information security". The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses some of their materials, discusses with opponents. The content of the article corresponds to the title, as the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature presented and used should be highly appreciated. However, the presence of additional modern scientific literature would show even greater validity of the author's conclusions. The works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author has analyzed the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of individual opponents, and offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical, specific "...international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, combining efforts to ensure international and national information security is of priority importance." The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing" taking into account the comments.