Over the past decade, Australia has been a frontrunner in terms of digital transformation; the country ranked 11^th globally on the 2020 Global Connectivity Index and 2^nd in the Indo-Pacific. Australia’s better-than-expected economic performance in 2021 was largely owed to increased government efforts at promoting the digitalisation of businesses and government services, with significant investment being poured into the ICT sector under the Digital Economy Strategy and the Regional Connectivity Program. Meanwhile, however, self-reported losses from cybercrime amounted to more than $33 billion during the 2020-2021 financial year (E), while roughly a quarter of cyber incidents reported during the same period involved Australia’s critical infrastructure or essential services (E). In the cyber diplomacy realm, Australia has traditionally been a prominent member of the ‘like-minded’ group, promoting a vision of a free, open, and secure cyberspace that is very much in line with EU values and efforts.

Costa Rica has established itself as a leading country in technological adoption, in combination with a complete commitment to sustainability and the protection of the environment. Information and communications technology services accounted for 49% of the country’s exports (twice the average of OECD countries), placing the Central American country at the forefront of the digital economy.

The digital economy is amongst the most powerful loci of Canadian economic growth; over the past decade, the digital economy grew roughly 40 per cent faster than – and generated almost four times as many jobs as – the overall economy. However, this spurt has also led to increased vulnerabilities in relation to cybersecurity; in 2020, successful cyber attacks affected 78% of Canadian companies. Canada has quietly developed a robust cyber diplomacy approach aiming at promoting a rules-based international order in cyberspace, in line with the goals of other ‘like-minded’ states (including European Union countries). Both the EU and Canada share a vision of cyberspace as a domain of human activity that is open, free, and secure, and which is characterized by due regard for fundamental rights and democratic values. As such, Canada is an important strategic partner for Europe.

Australia believes that “the foundation for responsible state behaviour in cyberspace is our mutual commitment to existing international law” and that, as per the 2021 report of the Open-Ended Working Group (OEWG), international law is “essential to maintaining peace and stability and promoting an open, secure, […] stable, accessible and peaceful ICT environment.” In particular, Australia has affirmed that the UN Charter applies in its entirety to state actions in cyberspace, including the prohibition on the use of force, the peaceful settlement of disputes, the right to self-defence in response to an armed attack, the law of state responsibility during peacetime, and the doctrine of countermeasures in response to internationally wrongful acts. International legal obligations also include the respect for human rights and fundamental freedoms (especially the right to privacy and freedom of expression), as well as the application of international humanitarian law (IHL) to cyber operations in armed conflict. On the application of IHL, Australia echoes the position taken by the ICRC that “recognition of the application of IHL neither encourages militarisation, nor legitimises resort to conflict in any domain”.

Costa Rica has played a paramount role in the Organisation of American States as is one of seven American countries that sponsored a resolution within the framework of the OAS as part of a Working Group on Cooperation and Confidence-Building Measures in Cyberspace. The resolution is inspired by the work of the United Nations Group of Governmental Experts and aims at enhancing interstate cooperation, transparency, predictability, and stability in cyberspace.

As per the conclusions of the 2013, 2015, and 2021 UN GGE (Group of Governmental Experts) reports, Canada believes that international law applies in cyberspace and is “essential to maintaining peace and stability” as well as “promoting an open, secure, peaceful, and accessible ICT environment”; according to Canada, the applicability of international law “puts guardrails on states’ behaviour in cyberspace”. Applicable legal instruments include the UN Charter, the law on state responsibility (including countermeasures), International Human Rights Law, and International Human Rights Law (IHL). Canada does not favour the establishment of a treaty or binding legal instrument on cyber issues, arguing that it would undermine existing international law and norms of responsible state behaviour. Instead, Canada believes that existing international law and agreed-upon norms are sufficient to guide State behaviour in cyberspace.

Australia has been actively involved in both norm-building processes that have been occurring under the auspices of the UN, namely the UN Open-Ended Working Group (GGE) and the OEWG. The country’s 2021 International Cyber and Critical Tech Engagement Strategy notes that the 11 voluntary, non-binding norms on responsible state behaviour agreed under the 2015 UN GGE consensus reports serve to “promote predictability, stability, and security” in cyberspace and should be seen as the “point of departure” for any constructive norm-building discussion. Australian diplomats have consistently reiterated the complementarity between international law and norms of responsible state behaviour, stating that “norms are not a panacea” and that they should not be understood as a standalone “normative framework”, since they do not replace existing state obligations under international law. For this reason, Australia stands against the establishment of binding norms or agreements. The country is not prima facie opposed to discussing other states’ proposals for the development of new norms, but Australia’s own “proactive priority” is reaching agreement of guidance on the implementation of the existing norms. In the current environment, Australia believes that “we will have the biggest impact on international peace and stability if we translate norms ‘on paper’ into norms ‘in practice’”. While not discounting the value of “norms agreed among friends”, it has also highlighted that the framework will only be effective when it is any proposals for new norms would first need to be negotiated, agreed upon, and endorsed by universal consensus.

Costa Rica has a long history of collaborating on cyber issues within the OAS Cyber Security Program, from training to capacity-building for both the public and private sectors. At a 2019 intervention, Costa Rica recognised the leadership carried out by the aforementioned Working Group in coordinating the response to cyber incidents regionally and establishing a cooperative framework of action to cyber threats.
Costa Rican participation in the UN OEWG is guaranteed until 2025. As part of the second substantive session in 2022, Costa Rica confirmed - along with several other countries - that international law is fully applicable to the use of ICT by states [OH1], with a focus on how international humanitarian law and the principles of humanity, necessity, proportionality, and distinction apply in cyberspace.
An interesting approach was taken by Costa Rica during this session, as the Caribbean country emphasised a multi-stakeholder approach to cybersecurity, involving the private sector, civil society, and researchers’ analysis, information, and capacity on threat.

Canada regards the applicability of norms of responsible state behaviour in cyberspace, together with existing international law, as the “foundation of sustaining international peace and security […] in cyberspace”. This is why it has strongly promoted the adoption and implementation of the UN GGE norms in various fora, including the G7, G20, North American Leaders’ Summit, NATO, ASEAN, and the OSCE. From Canada’s perspective, there is no need to develop new norms; international cooperation efforts should instead focus on fostering States’ capacity-building abilities, as well as the implementation and operationalization of existing norms. Canada has also been the biggest proponent of taking gender considerations into account when discussing the implementation of cyber norms, advocating for greater women’s participation and gender equality in the field of cybersecurity.

In recent years, Australia has emerged as a regional leader in conversations surrounding cyber resilience in the Indo-Pacific as well as globally. The new 2021 International Cyber and Critical Tech Strategy constitutes one of the most comprehensive documents of its kind, with “secure, resilient, and trusted technology” representing a crucial objective. Key initiatives include enhanced protections for critical infrastructure
and systems of national significance, as well as greater support for businesses
and individuals to develop their cybersecurity resilience. In the past three years, Australian cyber diplomats have brokered a series of bilateral partnerships in the form of cyber Memoranda of Understanding (MOUs); currently there are agreements with India (2020), Indonesia (2018), Papua New Guinea (2018), Singapore (2020), and Thailand (2019), all of which include capacity-building and information-sharing elements. On a regional level, the country is chairing the Asia-Pacific CERT community and the Asia-Pacific cybersecurity operations network. Australians have also significantly extended their regional outreach through their flagship capacity-building initiative, the Cyber and Critical Technology Cooperation Program. Meanwhile, Australia participates in several multipartite initiatives with a strong cyber component such as the Structured Quadrilateral Security Dialogue (the eponymous Quad) along with India, Japan, and the US, and the tripartite AUKUS coalition along with the US and the UK. In international fora, Australia has been a vocal champion of increased international collaboration in cyber capacity building (CCB), welcoming references to further cooperation within the 2021 OEWG report but cautioning against limiting such cooperation to the protection of national, translational and supranational infrastructure. Australia has also argued that CCB should be mainstreamed into the larger development agenda of the UN, specifically the Sustainable Development Goals.

In 2016, Costa Rican Cybersecurity Incident Response Team (CSIRT) joined CAMP, an international alliance that serves as a platform for the members to enhance their cybersecurity capacity.
Costa Rica is also collaborating with Israel on cyber issues and digital transformation in an effort that has the potential to streamline innovation in the public sector, transforming public services and institutions and positioning Costa Rica as a regional benchmark in cybersecurity.
On a national scale, Costa Rica launched a digital transformation strategy for the public sector in 2018 and is now working to create a strategy for the implementation of Artificial Intelligence. The initiative seeks to promote the use of digital technologies and access to scientific knowledge, innovation, technology, and telecommunications for social and productive transformation.
Having suffered a cyber attack in 2022, Costa Rica is now positioning cybersecurity as a top national priority, and the Ministry of Science, Innovation, Technology and Telecommunications is beginning to implement various actions to detect, respond and correct cyber intrusions, build faster and more robust response protocols, and train individuals in skilled threat detection.

The Canadian National Cyber Security Strategy puts an emphasis on “secure and resilient Canadian systems”, specifically critical infrastructure such as electricity grids, communications networks, and financial institutions. The ambition to help other countries expand their capacity building activities has been a key aspect of Canada’s cyber engagement strategy and its concurrent aim of promoting an “open, secure, and multistakeholder-led Internet”. Under the auspices of the OEWG, Canada has argued that “member States must make cyber security capacity development a priority at the highest level” and that “it is […] important to analyze and assess the capacity building needs collaboratively and agree on a collective approach”. Through the Anti-Crime Capacity Building Program (ACCBP), Canada has committed $27.7M to cyber capacity building, primarily in Latin America. ACCBP also assists countries in developing their own national cyber strategies and cybersecurity standards while also ensuring respect for human rights and privacy for all citizens. Meanwhile, Canada has been cooperating with several international and regional organizations on the development and implementation of Confidence-Building Measures (CBMs); for instance, there have been several Canadian initiatives at the OSCE, including workshops on international law and cyber operations as well as scenario-based discussions on CBM 5 (information sharing about national responses to regional cyber incidents). Canada believes that capacity-building should be multistakeholder and integrate the insights of the technical community as much as possible. The Canadian representative at the OEWG has also highlighted the importance of gender balance and the participation of women in capacity-building efforts.

The 2021 International Cyber and Critical Tech Engagement Strategy recognises that Australia, and the Indo-Pacific region more widely, faces a “worsening” cybercrime landscape characterized by “expanding threats, low barriers to entry, and increasingly resourceful actors”. Australia acceded to the Council of Europe’s Budapest Convention in 2013 and has since been vocal about the Convention’s status as the “most comprehensive and effective basis upon which to pursue a common international approach”. The country voted against the Russia-sponsored UN resolution on the establishment of a new cybercrime treaty; however, upon the passage of the resolution and the subsequent creation of a dedicated Ad Hoc Committee, Australia has been active in advocating for a “transparent, inclusive, and consensus-based process with multi-stakeholder participation”. More specifically, it has stated that the new Convention should “draw heavily” from existing international instruments such as the UN Convention against Transnational Organized Crime (UNTOC), the UN Convention against Corruption (UNCAC), and especially the Budapest Convention, so as to avoid undermining these regimes and ensure the protection of human rights. Australia has additionally placed great emphasis on the need for international cooperation, with the 2021 Strategy noting that “information sharing, discussion and capacity building are vital to any meaningful response to the threat posed by cybercrime”. The country has launched numerous regional cooperation and capacity-building initiatives, partnering with Pacific Island countries (Tonga, Fiji, Samoa, Vanuatu, Solomon Islands, Niue, Tuvalu) to advance cybercrime law reform and ensure alignment with Budapest provisions.

Costa Rica is one of the few Latin American countries to have signed the Budapest Convention on Cybercrime, along with the First and Second Protocol (this one was signed in 2022 but yet to be ratified), and is at the forefront of cybercrime legislation in the region.
National legislation on cybercrime is fully compliant with the Convention and is contained in the Law on Intervention of Telecommunications and the Law of Computer Crimes and Related Crimes. It includes penalties for committing cybercrimes in the country. Additionally, legislative regulations were introduced to govern the use of social networks and other electronic means.
Their Cybersecurity Policy from 2017 was updated in 2021 with the creation of the CSIRT, the implementation of cybersecurity protocols across public institutions and the establishment of partnerships with strategic actors, mainly in the private sector.

Canada’s National Cyber Security Strategy identifies the activities of malicious cyber actors as a “growing challenge”. Following the adoption of the ‘Protecting Canadians from Online Crime’ Act, Canada acceded to the Council of Europe’s Budapest Convention in 2015 and has since consistently promoted the instrument as the “best tool to fight cybercrime at the international level”. Canada has specifically “encourage[d] countries to bolster their anti-cybercrime efforts by becoming Parties to the Convention, or using it as a model to implement their own cybercrime laws”. Moreover, upon Canada’s initiative, the Quintet of Attorneys General (which brings together Attorneys General from Canada, the US, Australia, New Zealand and the UK) issued a public statement at their July 2019 meeting, expressing their support for the Budapest Convention as a “necessary basic framework for fighting cybercrime” and for the work of the United Nations Open-Ended Intergovernmental Expert Group on Cybercrime (UNIEG). Being part of the ‘like-minded’ group of states, Canada voted against the Russian-sponsored UNGA Resolution 74/247 aiming at establishing an alternative cybercrime instrument; upon the passage of 74/247 and its follow-up UNGA Resolution 75/282, however, Canada has been a vocal member of the Ad Hoc Committee on Cybercrime. Prior to the Committee’s May 2021 organizational session, the Canadian position paper on the Implementation of 74/247 noted that the Committee must “ensure consistency with existing UN treaties in the field of crime prevention and criminal justice, in particular the United Nations Convention against Transnational Organized Crime, the United Nations Convention against Corruption and take into account multilateral instruments that have already proven their usefulness in the fight against cybercrime, in particular the Council of Europe Convention on Cybercrime”. In the same document, Canada emphasized the need for an “inclusive, transparent, constructive, and consensus-based process that will lead to a fair outcome to the benefit of all”. The first session of the Ad Hoc Committee will be held in New York from 17 to 28 January 2022. Canada’s perspective on the scope, objectives, and structure of the convention was submitted to the Ad Hoc Committee in advance of the start of the first negotiation session (E).