Strokes to the problems of security in cyberspace

In recent years, we have observed an explosive development of the electronic industry. It made it possible to bring information and communication technologies (ICT) to a new level, which have found wide application in all spheres of human activity, entered his deep personal space.

Like all innovations created by man for man's sake, ICT, of course, does not always fall into clean hands. Volumes of data stored in digital form on servers, computers or mobile phones have reached critical levels not only for simple users, but also for companies and even entire states! These data are collected by everyone who has such an opportunity. Some people want to learn more about the shortcomings and vulnerabilities of their software product in order to eliminate them.

Others want to know the preferences of users in order to more easily advertise to them the products they are interested in... Finally, criminal communities also want to possess this vast array of information.

With the growth of international tension, the developed states are increasingly using the achievements of scientific thought in this area in the confrontation with the enemy. Increasingly, mutual accusations of states using ICT for interference in their internal politics are heard. According to estimates by expert communities, the damage to the international economy from hacker attacks in 2022 amounted to about 10 trillion. US dollars. This is three trillion more than in 2021. That is, we observe rapid growth.

Similar dynamics raise questions about the right to free dissemination of information, the order of information protection, the limits of use and the possibility of militarization of new segments of the information space. This has already literally in our eyes become extremely essential for maintaining global sustainability. Unprecedented security tasks in the virtual space naturally arose.

The existing legal frameworks are not adapted to the emerging threats and are at the stage of formation. We need to solve the complex problem of developing a comprehensive multilateral cyber security system. At the same time, the processes of development of the legal regime for the provision of information security are proceeding significantly slowly compared to the dynamics of the growth of threats. In the current international legal documents, the term "aggression" was traditionally defined as a war until the 20th century, and cyber aggression (cyber attack) does not come under its influence, although it can cause no less damage.

For example, complex attacks, in particular, to seize control over the control systems of operating parameters of nuclear reactor nuclear plants, are capable of causing significant damage and having significant economic and political consequences.

On December 21, 2009, UN General Assembly Resolution 64/211 "Creation of a Global Cybersecurity Culture and Assessment of National Efforts to Protect Information Infrastructures" was adopted. It does not provide for the creation of the mechanism for international cooperation. This hinders the timely response and containment of cyber incidents at the interstate level.

But is honest cooperation possible in this area, in the conditions when the administration of the President of the USA J. In October 2022, in updated doctrinal documents, Biden declared the entire world and the global information space "the sphere of her interests". In the American budget of 2023, 11 billion dollars are committed to cyberattacks against the governments of hostile states.

In the USA's cyber doctrine, Russia is fixed as one of the main adversary states against Washington in the information space. In addition, according to the Pentagon's cyber strategy, since 2015, combat units designed for offensive actions in the global network have been operating in the US Air Force. At the same time, hacker groups controlled by the USA launched a series of attacks on the banking sector and objects of Russia's critical infrastructure.

Destructive actions were coordinated by the United States Cyber Command along with the cyber units of the Armed Forces of Ukraine and Ukrainian Internet activists, which, in turn, makes the American government a direct participant in the armed conflict. In addition to high technologies, "dirty" methods of fighting in the ICT sphere are also used, up to telephone terrorism. The "call centers" created by Kiev use frankly vile and cynical methods of calling relatives of servicemen, give them false information about the death or serious injury of loved ones and offer to "deliver the body of the deceased to the burial place" for a "reasonable" fee. Similar actions, according to experts, carried out by state or non-state actors, can have no less serious consequences than traditional military actions.

The legislation being developed in this regard must go beyond the framework of legal regimes based on traditional notions of territorial jurisdiction. The use of the mechanism of the international tribunal in relation to acts of cyber aggression would guarantee that the offenses will not be considered in different jurisdictions and punishment for similar activities is inevitable.

Otherwise, the states will be forced to seek and apply other ways to protect their interests.

 

Inal Pliev

Source: https://cominf.org/node/1166550103