UN Cyber Norm D | Co-operate to stop crime and terrorism

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States should consider how best to cooperate to exchange information, assist each other, prosecute terrorist and criminal use of ICTs and implement other cooperative measures to address such threats. States may need to consider whether new measures need to be developed in this respect.

What is it about?

Norm (d) emphasises the importance of international cooperation among states to combat the cross-border threats posed by criminal and terrorist activities using the Internet and information communication technologies (ICTs). These threats include recruitment, financing, training, incitement, planning attacks, and promoting extremist ideologies online. The norm acknowledges that addressing these threats through collaborative efforts, including information exchange and mutual assistance, contributes to enhancing international peace and security.

Why is it relevant?

The norm highlights the interlinkages between cybercrime and broader international security risks and threats, and thus underscores the importance of respecting international law while exchanging information and cooperating across borders, thereby promoting stability and predictability in international relations.

How is it implemented?

In accordance with the clarification provided by states in the UN GGE 2021 report, the implementation of this norm involves several key steps:

National policies and legislation: States should establish and maintain national policies, laws, and regulations that support cooperation across borders in addressing criminal and terrorist use of ICTs. These frameworks should provide the legal basis for exchanging information, coordinating law enforcement efforts, and facilitating diplomatic cooperation where necessary.
Structures and mechanisms: It is essential to have dedicated structures and mechanisms at the national level that enable efficient cooperation with relevant international and regional organisations. These mechanisms should cover technical, law enforcement, legal, and diplomatic aspects related to combating cybercrime and terrorism. They should also foster collaboration and build trust between states.
Capacity building: States are encouraged to strengthen the capacity of their organisations and agencies involved in cybersecurity and counter-terrorism efforts. This includes enhancing technical expertise, improving operational capabilities, and raising awareness about ICT security issues among relevant stakeholders.
Information Exchange: Developing protocols and procedures for the collection, handling, and storage of online evidence is crucial. States should ensure that these protocols comply with international legal standards and facilitate timely and effective cooperation in investigations. This involves securely sharing relevant information and providing assistance as required under international law, without compromising privacy or human rights.
International and Regional Cooperation: Enhancing cooperation with international and regional organisations is essential. States should participate actively in multilateral initiatives, forums, and agreements aimed at addressing cyber threats collaboratively. This includes sharing best practices, harmonising approaches, and collectively responding to emerging challenges in cyberspace.

Who are the main actors?

Despite the fact that norm address responsible state behaviour and targets UN Member States, there are additional actors who could play a role in the implementation of the norm:

Law enforcement agencies: National law enforcement agencies play a critical role in investigating cybercrime and terrorist activities. They work within their jurisdictions and collaborate internationally to gather evidence, track perpetrators, and coordinate operations to disrupt criminal networks.
International and regional organisations (e.g., INTERPOL, Council of Europe, Europol, OSCE, ASEAN, African Union etc.), which could be specifically helpful to provide frameworks, guidelines, and platforms for states to cooperate effectively, share best practices, and coordinate responses to cyber threats on a global scale. These organisations could also serve as platforms for facilitating the communication between states in cybercrime investigations.
Non-state stakeholders, specifically the private sector and cybersecurity, threat intelligence companies and researchers who conduct such research to identify, analyse, and understand new and emerging cyber threats, vulnerabilities, and attack methods; They can be also helpful to to support states’ efforts in combating cybercrime and terrorism.
Non-state stakeholders such as academia and civil society who could play roles in raising awareness about cybersecurity threats, advocating for policy improvements, conducting research on emerging threats, and promoting ethical practices in cyberspace.

Where is it discussed?

The UN Open-ended working group (OEWG) remains the one and only process where all UN Member States discuss the implementation of the agreed norms, including this norm, on a regular basis. However, UN Member States also discuss cybercrime-related matters within the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes.

Regional organisations such as the European Union (EU), the Organization of American States (OAS), the African Union (AU), and ASEAN (Association of Southeast Asian Nations) discuss and implement norms related to cybersecurity and counter-terrorism within their respective regions (e.g. the ASEAN Cybersecurity cooperation strategy 2021-2025). They develop regional frameworks, share best practices, and coordinate responses to cyber threats.

States implement these norms domestically, including through adopting acts and policies at a national level, and may also engage in regional cooperation to enhance cybersecurity. For instance, conferences and summits focused on cybersecurity and counter-terrorism, such as the G7/G20 meetings, serve as platforms for states and stakeholders to discuss norms, policies, and cooperative measures. These gatherings often result in declarations and action plans to enhance international cooperation in combating cyber threats.

Various multistakeholder and international initiatives (e.g. such as the GFCE) serve as additional platforms for discussing the practical aspects of the norm implementation.

Relevant normative frameworks