International Cooperation of States in the Field of Information Security

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

In the context of new challenges, threats and risks, information security acquires a cross-border character in modern legal realities. To date, the information confrontation between states is intensifying, creating a threat to the objects of critical information infrastructure. In this regard, we can state that individual countries are using their technological dominance to curb digital development, strengthen technological dependence, and implement politically motivated censorship in the global information space.

To date, the potential of digital technologies is actively used by terrorist and extremist organizations, criminals and other malefactors who carry out their illegal actions with the help of information technologies in order to defeat critical objects ^{[1, p. 100]}. In connection with the above, we can note that in the current conditions, effective counteraction to information challenges and risks requires the consolidation of the efforts of the world community and the organization of effective international cooperation in the field of international information security.

It is worth noting that in the Russian Federation one of the national interests is to protect the sovereignty of the state in the information space. Confirmation of the above is the position of the Minister of Foreign Affairs of the Russian Federation Sergey Larov, who noted that one of the main strategic challenges of our time is the risk of a large-scale confrontation in the digital sphere. In this regard, it is necessary to jointly develop and conclude a bilateral intergovernmental agreement on the prevention of incidents in the information space, as well as to exchange guarantees of non-interference in each other's internal affairs in a mutually acceptable form ^[2].

In turn, on December 7, 2022, at the 77th session of the General Assembly, the United Nations adopted a resolution submitted by Russia on international information security. The adoption of the international act testifies to the high interest of countries in finding joint universal solutions to international information security issues on an equal basis, recognized the possibility of developing legally binding norms for regulating the information space, strengthened cooperation between States through competent authorities and supported for this purpose the proposal to create a register of contact points in the field of international information security for the operational interaction of States to prevent and responding to incidents using information and telecommunication technologies ^[3]. Thus, almost a quarter of a century ago, the Russian Federation initiated the introduction of the topic of countering threats in the information space at the United Nations level and continues to pay increased attention to it, we believe that in order to effectively counter information challenges, the organization of interstate cooperation in the field of international information security is required.

The key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of states designed to promote an open, safe, stable, accessible and peaceful information and communication environment ^{[4, p. 138]}. As scientists rightly point out, one of the national interests in the information sphere is the protection of the sovereignty of states in the information space ^{[5, p. 26]}.

Considering national legislation in the field of legal support of international information security, it is worth paying attention to the Fundamentals of the State Policy of the Russian Federation in the field of International Information security (approved by Decree of the President of the Russian Federation No. 213 of April 12, 2021), according to which international information security is a state of the global information space in which, on the basis of generally recognized principles and the norms of international law and the conditions of equal partnership ensure the maintenance of international peace, security and stability. At the same time, at the national level, there are various approaches of a fundamental nature to the term "information security". Today, under the influence of certain objective conditions for the development of the system of legislation of the Russian Federation and the adoption of a number of normative legal acts of strategic planning, information security is considered as a sub-branch of information law. As T.A. Polyakova rightly notes, the position of the theory of law on the relationship between the branch of law and the branch of legislation, the definition of the subject and methods of legal regulation, as well as the analysis of legislation in the field under consideration, allow us to state that legislation in the field of information security consists of a number of legal institutions characterized by internal isolation of legal norms within one or several branches of law and having a certain autonomy of functioning, based on the unity of legal principles ^{[6, p. 136]}. In our opinion, the most common problem regarding approaches to the definition of the concept of information security is that these approaches somehow "lock in" around the legal definition formulated by the legislator.

 In the Russian Federation, in the fundamental documents of strategic planning in the field of national security, information security is considered comprehensively as a state of protection from information threats of a wide spectrum ^{[7, p. 102]}. This provision is reflected in the National Security Strategy of the Russian Federation, in which national interests include sections on protecting Russian society from destructive informational and psychological impact ^{[8, p. 223]}.

The purpose of Russia's state policy in the field of international information security is to promote the establishment of an international legal regime that creates conditions for the prevention (settlement) of interstate conflicts in the global information space, as well as for the formation, taking into account the national interests of the Russian Federation, of a system for ensuring international information security. At the same time, the achievement of the goal of state policy in the field of international information security is carried out by solving the tasks of developing cooperation between the Russian Federation and foreign states at the global, regional, multilateral and bilateral levels on the formation of a system for ensuring international information security, as well as countering the main threats to international information security.

As part of the implementation of these goals, the Fundamentals set out the main directions for the implementation of state policy in the field of international information security, and their key component is the systematic development of legal support for information security, which include: promoting the adoption by the UN member states of the Convention on Ensuring International Information Security and the development of new principles and norms of international law governing the behavior of states in the global information space, as well as the conclusion and implementation of international legal and other agreements between Russia and foreign states on cooperation in the field of international information security.

We believe that the legal regulation of international information security at the level of national documents is an effective legal instrument, while we can state that the level of development of international legal regulation of the sphere of international information security, despite its importance, remains insufficient.

The doctrine of information and international law has repeatedly noted the absence of a universal international treaty in the field of international information security regulating security issues in the information space. As T.A. Polyakova and A.A. Smirnov rightly point out, today there are a number of international normative legal acts that regulate relations in the field of international information security ^{[9, p. 10]}:

1. Resolutions in the field of international information security are adopted on an ongoing basis by the UN General Assembly. For example, in 1998, the resolution "Achievements in the field of informatization and telecommunications in the context of international security" was adopted, which highlighted threats to international information security and identified the main directions for the development of international cooperation between states in this area.

2. In 2000, the Okinawa Charter of the Global Information Society was adopted on the development of the information Society, including issues of the security of the use of information and communication technologies ^[10].

3. A number of normative legal acts are being adopted on an ongoing basis within the framework of interregional and interstate associations in the field of mass media and the Internet, the fight against crime and terrorism ^[11].

4. The UN has approved voluntary norms of responsible behavior of states in the ICT environment ^[12].

5. At the regional level, States sign international agreements in the field of international information security ^[13].

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. Deglobalization, changes in the geopolitical world order, and increased geopolitical risks for Russia reinforce the importance of interstate interaction on the platforms of the BRICS, CIS, SCO, EAEU and CSTO.

At the same time, intergovernmental organizations confirm that the UN plays a central role in promoting dialogue between Member States on the entire range of issues of ensuring international information security and prioritizes tasks for the formation of an international legal regime regulating the use of ICT by achieving universal legally binding agreements. In particular, the activities of the UN Open-ended Working Group on Security Issues in the Use of ICTs and ICTs themselves 2021-2025 advocate its preservation as a single intergovernmental negotiating mechanism under the auspices of the UN and the development of practical solutions aimed at strengthening the security of the information space.

At the same time, from the comparative legal analysis of interstate agreements in the field of international information security, it can be noted that the participating States recognize the importance of strengthening the interaction of States on the use of the Internet, including to ensure equal rights of States to access the global network, emphasize the importance of launching consultations of Member States with other interested countries, regional organizations and associations. At the same time, the member States of interregional organizations proceed from the need to intensify political interaction and enhance coordination of the promotion of coordinated approaches to information security issues in the international arena.

Thus, the international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, combining efforts to ensure international and national information security is of priority importance. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.