International cooperation on information security: experience and prospects for development

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

Currently, the key characteristics of the organizational and legal provision of information security in the state and the world are determined by the change in the world order under the influence of the development of the interests of states and the technological structure of civilization. In these conditions, one of the main factors determining the trends in the development of information security is interstate cooperation within the framework of regional integration unions.

Within the framework of this article, the subject of the study is the norms of law regulating public relations that develop in the process of interstate cooperation of information security. The methodological basis is the application of dialectical and systematic approaches, which made it possible to comprehensively investigate the scientific and practical problems in their development and interrelation. The study of certain issues of interstate cooperation in the information sphere remains poorly studied, however, such scientists as E.S. Zinovieva, O.S. Makarov, T.A. Polyakova and others have been studying this issue.

The legal provision of information security of international cooperation in the implementation of interstate interaction is systemic in nature and consists of legal sources of various levels and legal force. Effective cooperation between states based on mutual respect in the field of information security and the development of digital technologies on various international and regional platforms within the framework of various unions and associations is aimed at ensuring national and international interests in order to protect information technologies, as well as ensuring the inadmissibility of vulnerability of information systems and deterrence of information threats ^{[1, p. 120]}.

International cooperation in the field of information security is one of the most effective tools for the implementation of the economic and social policy of the state. This interaction is conditioned by Russia's foreign policy and foreign economic goals, but in turn, state policy cannot be isolated from the outside world.

International and interstate cooperation is conditioned by the cross-border nature of the information sphere and in the field of digital technology development, is directly interrelated with ensuring information security, is carried out in the following main areas:

– communication and transmission of information through information and communication channels, including the use of the Internet;

– development of science and technology;

– media activities;

– technical regulation;

– education and staffing.

Modern innovations and digitalization, on the one hand, lead to a global transformation of all areas of activity and integration, and on the other hand, there are trends in the modern world of the so–called "Balkanization" – the process of segmentation of the global information space, including the Internet ^{[2, p. 112]}. This happens in difficult conditions of simultaneous dynamic changes in life under the influence of digital technologies, which requires finding a balance between the interests of various states and businesses.

A special place among the areas listed above is occupied by technical regulation, determined by scientific and technological progress, integration processes, the needs to ensure the quality and competitiveness of information products at the national, regional and global levels. Currently, considerable attention is being paid to the modernization of the system of technical regulation, since the shortcomings of such regulation can become a serious obstacle to the development and implementation of technologies and are associated with the development of the conceptual apparatus in the field under consideration and its subsequent use in legislation. The Chairman of the Government of the Russian Federation, Mikhail Mishustin, noted back in 2020 that "for the transition to digital today, it is necessary first of all to create better conditions for access to communications, infrastructure, services and data; to fully unlock the potential for the effective use of digital technologies; to encourage entrepreneurs in this area, ensuring the availability of financial instruments; reduce barriers to trade and investment, as well as improve taxation in the digital world" ^[3].

Most States pursue policies aimed at protecting national interests and creating favorable conditions for the introduction of the latest achievements of science and technology, encouraging scientific research, and developing measures of state support for innovative entrepreneurship. Currently, in the Russian Federation, the implementation of the results of scientific research into practice is aimed at developing the national sector of the digital economy and achieving technological sovereignty.

It should be noted that issues of interstate cooperation in the information sphere are not given due attention in legal science. The legal doctrine rightly notes that "the information sphere, being a system-forming factor in the life of society, actively influences the state of the political, economic, military and other components of the security of the Russian Federation," especially in a changing geopolitical situation ^{[4, p. 213]}.Thus, the comprehensive and complex nature of information security is of great theoretical and practical importance, especially in modern conditions.

Approaches to solving problems related to ensuring security in the information sphere by international legal means are considered relevant. At the same time, the problem is that any conditions can be perceived by States as a limitation of sovereignty (primarily informational). This explains the fact that there is currently no universal international act that would enshrine the basic principles of information security. In this regard, we consider it necessary to conclude appropriate interstate agreements within the framework of supranational institutions.

Russia is an active participant in various integration associations: BRICS, CSTO, SCO, EAEU, CIS, the Union State of the Republic of Belarus and Russia.Within the framework of these organizations, agreements are concluded concerning the protection of information and other issues in the field of information security. This approach was not chosen by chance, since the resolution of issues related to such a sensitive environment to various kinds of threats as the information space requires not only the search for common ground on the part of other states and the formation of unified approaches to solving problems of an informational nature, but also a certain trust. Only when interacting with countries with which Russia has partnership and allied relations, one can hope for strict compliance with common goals and objectives in the information space ^{[5, p. 141]}.

At the same time, model laws on information security are being adopted within the framework of interstate cooperation, for example, at a meeting of the Council of the CSTO Parliamentary Assembly, it was separately noted that at the moment all member states need to strengthen countering cybercrime by amending national legislation, which should be based on the CSTO Model Law "On Information Security", adopted by in 2021 ^[6]. In turn, based on the results of consultations of the CIS member states on the topic of international information security, a decision was made to prepare an international convention on countering the use of information and communication technologies for criminal purposes within the framework of the UN Special Intergovernmental Committee of Experts ^[7]. Thus, Russia's interaction within the framework of regional interstate unions and the interdependence between states contributes to strengthening international cooperation.

Today, Russia is pursuing an active state policy, including legal regulation in the field of information security. In this regard, it seems appropriate to develop strategic documents in the field of information security covering interstate cooperation. For example, in conditions when the Russian Federation has significant prerequisites for the breakthrough development of digital technologies as a driver of its economic growth, adequate legal solutions are needed to eliminate existing obstacles on this path and create a legal basis for effective and safe progress in this direction. Ensuring information security in its various aspects is a priority goal of technical regulation.

The state policy of Russia in the field of technical regulation of digital technologies is aimed at creating basic protective mechanisms for the protection of national economic interests in conditions of tough foreign economic competition and sanctions risks. Today, the promotion of artificial intelligence technologies, big data, virtual and augmented reality, distributed registry and other new digital technologies create new legal issues, the solution of which is unthinkable without the formation and improvement of the legal basis for their development, production and use, including international legal aspects.

However, at present, there are no uniform universally recognized international documents and approaches in many issues of technical regulation. One of the means to overcome the existing problems is, as already noted, cooperation on the platforms of regional integration unions, including the European Economic Union (EAEU). According to the Treaty on the Eurasian Economic Union, the member States carry out coordinated measures for the interaction of the protection of information resources, information systems and critical facilities, which is important for legal security in the information sphere ^[8].

In the context of regulating information legal relations and information protection, the EAEU has adopted a number of concepts, including in the field of electronic cross-border interaction and technology transfer ^[9]. At the same time, in the Concept of using services and legally valid electronic documents in interstate information interaction, it is noted that the member states of the Union are guided and use national standards of cryptographic algorithms for electronic signatures, which are incompatible with each other. In this regard, work is required to adopt uniform documents of technical regulation in this area. Achieving a digital trust space is of key importance in order to ensure the security of information flows in the EAEU ^[10].

The Treaty on the Eurasian Economic Union provides for the development of an information system for foreign and mutual trade, the functioning of which is aimed at ensuring interstate exchange of data and electronic documents within the framework of the Eurasian Economic Union, with third countries, international organizations and integration associations, the creation of information resources common to member states, the implementation of common processes and ensuring the activities of Union bodies ^[11]. The objectives of the development of this integrated system are the information support of new and the development of existing integration processes in all areas affecting the functioning of the Eurasian Economic Union, the development of a cross-border space of trust.

Thus, it is necessary to develop and approve the conceptual framework for the legal provision of information security for the development of regional interstate cooperation within the framework of the Union State of the Republic of Belarus and the Russian Federation, the EAEU, the CSTO, the CIS, the SCO and the BRICS. This is important for solving the tasks of ensuring national and international information security, implementing agreements within the framework of these regional interstate associations and further forming a system of universal public-legal mechanisms for ensuring information security. We believe that interstate cooperation determines the vector of development of interaction between states in the field of international information security, which is aimed at strengthening the potential of the States participating in the interstate association with effective prevention and neutralization of threats to collective security arising in this area.