International cooperation in the field of information security: general characteristics and the Russian approach to the study

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, in the context of new challenges and threats in information law, issues of legal support for international information security are becoming particularly relevant. A number of adopted normative legal acts of strategic planning indicate the important role of solving the problems of legal support and further formation of the international information security system ^[1].

It is especially important that the normative legal acts regulating issues of international information security have a comprehensive approach to threats in the field of information security, which is a necessary element in strategic planning of confrontation, global information threats of modern society. It should be noted that foreign concepts regarding international information security issues are aimed at solving the problems of cyber threats and cyber attacks, which determine conceptual approaches to developing certain measures to combat information threats.

Considering the issue of the formation of an international information security system, it should be noted that at the initiative of the Russian Federation in 1998, for the first time, a United Nations Resolution (hereinafter referred to as the UN) was adopted, which determined the procedure for facilitating the solution of problems in the field of international information security. Thus, for the first time in the international arena, the issue of international information security was discussed.

Russian initiatives in the field of international information security have influenced the further development of this topic on the agenda of international bodies and organizations. It should be emphasized that after the adoption of the above-mentioned UN Resolution, the Secretary-General presented a report at the 54th session, which was based on the issues of general assessment of information security problems, including the establishment of basic definitions in this area, including the regulation of unauthorized interference or misuse of information and communication technologies that would affect internal integrity states violating the constitutional order ^{[2, p. 145]}.

We believe that the discussion of these issues at such a high level has influenced further development in international law. At the same time, the active position of the Russian Federation in this matter contributed to the adoption of normative legal acts of international organizations. For example, in 2005, a group of experts on the legal support of international information security was established on the basis of the UN. The work of this Group contributed to solving a number of issues, including the identification and identification of challenges and threats that were of an international nature, preventing the spread of information processes in the internal affairs of another State, countering the use of information and telecommunications technologies in illegal actions, preventing the spread of cyber attacks and cybercrime, establishing international responsibility for computer crime, including computer terrorism. Meanwhile, based on the results of the work of the group of experts on international information security, a global culture of international cybersecurity and protection of critical infrastructure was formed. It is important to note that this Group was headed by representatives of the Russian delegation and, thanks to the Russian side, was able to come to a consensus on various issues of international information security.

To date, work in this direction continues, as the Minister of Foreign Affairs of the Russian Federation Sergey Lavrov has repeatedly noted, tasks on international information security issues are coming to the forefront of the interstate agenda, a common position has been formed that the Russian Federation in this matter is a supporter of consolidating efforts in the interests of effectively resolving issues on this topic. At the same time, Russia is taking a number of initiatives on this topic, in particular, one of the latest proposals is the creation of a universal international code of conduct in the cybersphere ^[3]. According to Sergey Lavrov, a dangerous large-scale confrontation in the information environment creates the need to create common standards and rules in the international information space ^[4]. A number of scientists in the field of information law note that the initiatives coming from the Russian Federation have made a significant contribution to the development and improvement of legal norms defining the rules in the cybersphere, in addition, these proposals have contributed to the adoption of rules among states to prevent the negative potential of the use of information and telecommunications technologies to violate international peace and law and order ^[5]. In addition, discussions on international information security issues made it possible to formulate the position of the Russian Federation on the formation of an information security system in the international aspect, countering illegal actions using information technologies, the functioning of the global Internet and the further development of the network in the international segment, the fight against cyber attacks and computer crimes.

Topical issues of the development of international cooperation in the field of international information security are still the subject of consideration at the UN ^{[6, p. 146]}.

Of particular note is the Report of the UN Group of Governmental Experts (hereinafter referred to as the UN GGE) on achievements in the field of informatization and telecommunications in the context of international information security, in which challenges, threats, risks and factors that affect the vulnerability of information security related to the use of information technologies were formed ^[7]. The GPE referred to these risk groups as threats that can encroach on the infrastructure of information and communication technologies as an object of crime, as well as the use of information technologies as a means of criminal actions.

 We believe that these risks and factors are relevant today, while criminal actions in cyberspace are of high public danger, which are expressed by a high degree of latency and significant complexity of investigation due to the international nature of these crimes. In view of this, one of the key tasks of our time is to ensure an effective and optimal information and legal and criminal law policy in the fight against this type of crime at the international level.

One of the landmark events in the international arena on issues of international information security was the approval of the UN Resolution, which defined a set of international rules, norms and principles of responsible behavior of states on the issue of security in the use of information and telecommunications technologies ^[8]. According to the scientist D. Stauffacher, the acts adopted by the UN contribute to the development of information law in terms of regulating legal relations affecting the subject and object of this branch of law, in addition, the activities of the UN demonstrate the institutionalization of work on information security issues, the result of which should be the development of a unified terminology in the field of international information security ^[9].

At the same time, for the implementation and fulfillment of the above goals and objectives, it is important to note that international information security should be one of the priority areas in the national security system of a particular state. Thus, the Russian Federation has adopted a number of strategic planning documents confirming the priority among the most important directions in international policy: Fundamentals of the State Policy of the Russian Federation in the Field of International Information Security; National Security Strategy; Strategy for the Development of the Information Society in the Russian Federation for 2017-2030; On measures to ensure the information security of the Russian Federation when using information and telecommunication networks international information exchange; the Doctrine of Information Security of the Russian Federation, etc. ^[10].

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.

One of the first interstate agreements on cooperation in the field of international information security is the agreement between the Russian Federation and Brazil. It is important to note that within the framework of this cooperation, challenges and threats have been identified that in one way or another can create conditions for the vulnerability of information and communication technologies in international conflicts and for hostile purposes both in the socio-economic and military spheres. In addition, the main threats in the field of ensuring international information and communication security under this agreement include: information and technical means that are used to carry out terrorist activities and for terrorist purposes, as well as the use of a dominant position in the field of information and communication means and technologies to the detriment of the interests and security of other states ^[11]. It is worth noting that this interregional agreement for the first time identified priority areas in the field of international information security, which established that the following will be carried out between states on an ongoing basis: exchange of experience; training of information specialists; conducting joint scientific and educational programs within the framework of international conferences and seminars; protection of national critical infrastructures.

As T.A. Polyakova rightly noted, the chosen approach in this international agreement corresponds to the position of the Russian Federation designated in 1998 in the resolution of the UN General Assembly "Achievements in the field of informatization and telecommunications in the context of international security" on the establishment of threats to international information security. The above position is reflected in the format of bilateral agreements between the BRICS members.

The Declaration and Action Plan adopted following the results of the VI BRICS Summit (Brazil, July 15, 2014) determined that the use of information and telecommunication technologies based on universally recognized principles and norms of international law are of paramount importance for an open and secure information space between the BRICS member States. Academician T.Y. Khabrieva noted that these innovations in international legislation have played an important role for further cooperation in the framework of international information security, since it was determined for the first time that the use of information and communication technologies as a weapon can violate both the interests of the state, in particular violation of the sovereignty of the state, and constitutional human rights in the form of the right to inviolability private life ^[12].

Of particular interest is the agreement between the Russian Federation and the Republic of Belarus on cooperation in the framework of international information security, which significantly expanded the list of threats to information security, which for the first time in international law provides for the creation of a monitoring system and joint response to emerging threats ^[13]. It is important to note that these approaches have made it possible to protect the interests of states in the conditions of informatization and the emergence of new threats in this area, the creation of mechanisms to respond to risks and challenges in the information sphere, further integration into the system of international information security, improvement of the international legal framework and practical mechanisms of cooperation on various international platforms.

At the same time, as S.N. Pykhtin rightly notes, states should legislatively establish challenges and threats to information security with a further plan of measures to prevent them, as well as reduce their negative consequences in case of their manifestation. The experience of the United Kingdom, the United States, Germany, South Korea and Japan suggests that one state cannot provide security solely by its own efforts and means. Countering cyberattacks will require the organization of collective protection at the international level within the framework of BRICS, CSTO and SCO ^{[14, p. 73]}.

At the same time, considerable attention is paid to the issues of legal regulation of information security in the work of the International Committee of the Red Cross (hereinafter - the ICRC).

The positions of the named organization on the applicability of international law to cyber operations are published on the official website of the ICRC. The document calls on States to develop a common position on whether the existing norms in the field of information security are sufficient or new ones are required. If States deem it necessary to develop new norms, they should take as a basis and strengthen the existing legal framework. At the same time, the ICRC believes that further discussion is needed, especially among States, on how to interpret and apply the norms of international law in cyberspace ^[15]. We believe that the stated positions of the ICRC undoubtedly imply the need for further discussion of these issues both on various international platforms and at the national level.

Thus, interstate agreements in the field of international information security have made it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. At the same time, the development of joint measures for the development of normative legal norms of international law determined the stages of achieving the specified safety indicators, resource provision and legal support. We believe that in order to develop legal support for international information security, further interstate cooperation is necessary in order to increase cooperation and improve the international legal framework for the implementation of specific joint initiatives in the field of international information security.