Experience of international cooperation in the field of information security: problems and prospects

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

The legal provision of information security of the Russian Federation is a component of the national information security of the state, which is aimed at protecting the constitutional rights and freedoms of citizens, the security of society and the state when using digital technologies, as well as the socio-economic development of the country and domestic digital technologies to ensure technological sovereignty.

The totality of the problems of legal provision of information security is an urgent topic for the legal doctrine and legislation of each state. In the light of the interaction of various States, the issue of international and foreign experience in the legal provision of information security is important.

The purpose of this study is to develop theoretical provisions on the specifics of the legal regulation of information security in international law, as well as to develop specific proposals for improving Russian legislation in the field of information security.  The relevance of this topic is due to the following factors. Special attention is paid to the issues of legal support of information security today in the light of modern geopolitical processes and their impact on all spheres of life. Draws attention to the fact that one of the tasks of modern society is the search for universal solutions to information security issues. One of the key roles in this issue is played by Russia, which initiates international conventions on information protection and ensuring international information security.

The methodological basis of this scientific article is a set of both general scientific and special methods of cognition used. A significant role is assigned to the method of system analysis. Comparative legal, formal legal, the method of legal modeling and others were used as special legal methods of cognition. Issues of international cooperation in the field of information security were raised in special studies by V.A. Kopylov, E.S. Zinovieva, A.A. Tedeev, S.M. Boyko, G.M. Berdimuratova and others.

Today, Professor V.A. Kopylov's conclusion is still relevant that there are practically no geographical and geopolitical borders, time frames and time zones in the information sphere ^{[1, p. 93]}. This shows that information law should be based largely on the norms of international law, through which certain obligations of States in the field of information rights and freedoms should be introduced, as well as in regulating global issues such as cross-border transfer of personal data, use of network space, etc.

It is also impossible not to note today the continuing relevance of A.A. Tedeev's conclusions about "the actual absence of international legal regulation of information relations formed in the process of using global computer networks." According to the scientist, the legal regulation of information security is difficult due to unresolved political conflicts in the distribution of information flows formed in global information and communication networks, as well as issues of defining the boundaries of national jurisdictions of international treaties specifically devoted to the regulation of information relations ^{[2, p. 20-21]}.

The issues of ensuring international information security, including effective counteraction to the use of information technologies, are among the most pressing today ^{[3, p. 118]}. This topic is relevant in the doctrine of international and information law. S.M. Boyko notes that today the challenges and threats associated with the use of information technologies in order to undermine and infringe sovereignty, violation of the territorial integrity of states, implementation of other actions in the global information space that hinder the maintenance of international peace, security and stability are increasing ^{[4, c. 10]}. It is necessary to support the conclusions of the foreign scientist G.M. Berdimuratova that information security is one of the problems faced by modern society in the process of mass use of automated means of its processing ^{[5, p. 435]}.

It should be noted that in recent years, international information security issues have been of key importance among Western researchers. The research emphasizes the importance of the political and ideological component of threats to information security. In particular, M. Dann-Cavelty, an employee of the Center for Security Studies in Switzerland, believes that the problem of information security is irreducible exclusively to the infrastructure component, to cyber attacks or cyber incidents ^{[6, p. 105]}. Meanwhile, the editors of the foreign collection "International Relations and Security in the Digital Age" recognize the importance of political and ideological confrontation in interstate relations and ensuring security in the context of the information revolution ^{[7, p. 52]}. D. Nye also notes the importance of information influence in ensuring security in conflicts. He believes that in modern conflicts, physical destruction and informational impact are closely intertwined ^[8].

In this regard, E.S. Zinovieva notes the objectively prevailing situation that "currently there is no consensus on terminology at the international level and discussions are underway between States regarding the interpretation of the concept of "international information security" ^{[9, p. 45]}. Russia advocates a broad approach to the content of this concept, including both technical aspects (security of digital technologies, information systems and networks) and a significant range of political and ideological issues (manipulation of information, propaganda in global information networks, information impact). The countries of the collective West and the United States adhere to a narrow approach, limiting themselves to the technical side, using the term "cybersecurity". Taking into account the specifics of modern information relations, the multidimensional nature of risks and threats in the information space, Russia's position should be recognized as more justified and aimed at a systematic approach to regulating information security.

Currently, the processes of forming international experience in the field of information security are actively underway within the framework of the functioning of such international organizations as the United Nations; the Council of Europe; the European Union; the Shanghai Cooperation Organization; a group of five countries: Brazil, Russia, India, China, South Africa; the Eurasian Economic Union; the Commonwealth of Independent States; the Organization Collective Security Treaty. Thus, the development of the information society has been considered as a priority task by the Council of Europe since 1993, when the White Paper "Economic Growth, Competition, Employment – challenges and ways to solve them on the threshold of the XXI century" was published. Later, the Council of Europe adopted the action plan "Europe's Path to the Information Society", which provides for a number of conditions for free access to information ^{[10, p. 548]}.

Due to the need to develop international legal mechanisms for ensuring information security within the United Nations, an active negotiation process initiated by Russia has been underway since 1998. The problems related to information security were discussed at all sessions of the United Nations General Assembly, including the problems of the formation of the conceptual apparatus and the development of an international legal regime of information security. In this regard, the Ministry of Foreign Affairs of the Russian Federation sent to the United Nations the document "Principles concerning international information security", which contains definitions of such basic concepts in the field of international information security as "international information security", "threat to information security", "information weapons" and others.

We believe that only the adoption of a system of interrelated norms regulating the subject area under consideration at the interstate, regional and international levels will adequately counteract modern challenges, risks and threats to security in the information sphere. A promising direction is the development of an international legal framework for interstate and international cooperation, the formation of a coordinated categorical and conceptual apparatus in the field of international information security.

It should be noted that Russia pays special attention to issues of international cooperation. Regarding the international cooperation of the States of the Asia-Pacific region, attention should be paid to the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in the Field of information Security. Within the framework of this agreement, the participating States cooperate to develop joint measures to develop legal norms of cybersecurity, counter threats to information resources and assist in ensuring safe and stable functional management of the Internet. In order to develop interstate cooperation and in the interests of ensuring the information security of the member States of the Collective Security Treaty Organization, an agreement is in force in which information security is considered as a state of protection of legal entities and their interests from threats and destructive influences. Recognizing the importance of the effective use of information technologies to strengthen countering new challenges and threats to information security, it should be noted that in 2013 the participants of the Commonwealth of Independent States adopted an agreement in the field of information security. This agreement contains basic provisions for the formation of modern international programs in the field of cybersecurity. In addition, interdepartmental consultations of the participating States are held on an ongoing basis  For example, in December 2022, the Commonwealth of Independent States discussed the development of joint positions of the Commonwealth of Independent States and their promotion on international platforms, as well as legal approaches to regulating international information security, taking into account cross-border data exchange in response to threats and incidents in the face of new challenges and risks. ^[11]. Draws attention to the fact that special attention is paid to the issues of international information security in the Shanghai Cooperation Organization. Within the framework of the implementation of the Plan of Interaction of the member States of the Shanghai Cooperation Organization on International Information Security for 2022-2023, expert groups of the Shanghai Cooperation Organization are working to review and adopt joint decisions in the field of information security, including interaction on specialized multilateral platforms of international organizations ^[12].

In order to ensure information security and protect information from external threats, more than 20 bilateral agreements on cooperation in the field of international information security have been signed. For example, the Agreement between the Government of the Russian Federation and the Government of the Republic of Azerbaijan on Cooperation in the Field of International Information Security, the Agreement between the Government of the Russian Federation and the Government of the Republic of South Africa on Cooperation in the Field of International Information Security, the Agreement between the Government of the Russian Federation and the Government of the Federative Republic of Brazil on Cooperation in the Field of International Information and Communication Security security, etc. Analyzing these agreements, it should be noted that these normative legal acts attach importance to international information security as one of the key elements of the international security system aimed at countering threats to international information security, ensuring the interests of information security and contributing to the creation of an international information environment.

For example, in the Agreement between the Government of the Russian Federation and the Government of the Republic of Azerbaijan on cooperation in the field of international Information security, it is noted that the parties to this agreement seek to prevent threats to international information security and ensure national interests in the information sphere of states in order to secure the information environment, which is characterized by peace, security, openness and cooperation. According to Article 4 of the Agreement between the Government of the Russian Federation and the Government of the Republic of South Africa on Cooperation in the Field of International Information Security, the parties cooperate in order to ensure social and economic development that was compatible with the tasks of maintaining international peace, security and stability and consistent with generally recognized principles and norms of international law. In accordance with Article 3 of the Agreement between the Government of the Russian Federation and the Government of the Federal Republic of Brazil on Cooperation in the Field of International Information and Communication Security, the parties carry out cooperation aimed at developing and improving the international legal framework and practical mechanisms of cooperation between the parties in strengthening international information and communication security. Thus, these agreements are aimed at developing joint measures for the development of legal norms that ensure information security, the protection of critical information objects and the prevention of cybersecurity threats. In turn, the parties take part in the development of cybersecurity standards on the basis of domestic legislation, while bilateral agreements determine not only the legal provision of information security, but also the unification of legal norms in the creation, operation and development of an integrated information system, i.e. establish technical cooperation in order to ensure cybersecurity. It follows from this that international cooperation in the field of information security is based on the principle of social responsibility and their interaction is carried out in order to fill the identified gaps in the regulatory regulation of the cyber environment.

The analysis of the considered basic provisions of interstate agreements made it possible to determine that the common goal is to formulate rules of conduct in the information space aimed at ensuring information security in the face of new challenges and threats through international cooperation between all relevant stakeholders. Taking into account the absence of a coordinated system of international information security, the inconsistency of the models formed, it is advisable to develop international legal cooperation based on the convergence of the Eurasian and Euro-Atlantic systems of international information security with the active participation of Russia, taking into account the generally recognized principles and norms of international law. We believe that a significant place should be given to issues of personal security in the information sphere, including countering undesirable information and psychological effects.

Thus, the Russian legal order contains a fairly developed system of information interaction to improve the legal regulation of information security. At the same time, it is necessary to establish in detail the list of information that is the object of interstate cooperation with foreign states. We believe that for more effective cooperation, strengthening allied and partnership relations with foreign countries, a tendency should be formed to conclude agreements on mutual protection of classified information in the field of information security, as well as a mechanism for resolving disputes related to violations of the provisions of these agreements. Strengthening the integration cooperation of the Russian Federation with other countries in the field of information security is a strategically important area that contributes to strengthening international information security and national security of the state.