Brazil is the world’s eighth largest economy in terms of GDP, and by far South America’s most populous and powerful state. While the country has suffered economic and political crises since 2014, it has made significant advances in domestic digitization and played a pivotal, albeit ambiguous role in international negotiations on cyberspace. Brazil has the world’s fifth largest internet user base, after China, India, the United States and Indonesia, and is a leading country in South America when it comes to ICTs usage. The share of Brazilians using the internet has increased from less than 3% of the population in 2000 to more than 68% in 2019. As such, Brazil remains a critical partner for the EU’s efforts to build a secure, stable and rights-based cyberspace.

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.

Internet penetration in Montenegro stands at 83%, while analysis indicates that internet usage increased by 10,000 users (+2%) from 2021 to 2022. [x] As an EU candidate country, Montenegro has strived to align itself with the EU’s cyber priorities and recent strategic documents like the 2018-2021 Cybersecurity Strategy and its 2013-2017 predecessor represent a firm indication of this ambition. In the past five years, however, the Montenegrin government and media outlets have increasingly seen themselves sitting at the bullseye of numerous malicious cyberattacks, suggesting “synchronised action” on the part of several state and non-state actors. [x] A 2022 digital maturity assessment commissioned by the European Bank for Reconstruction and Development and conducted by e-Governance Academy found Montenegro to have only a “basic” level of digital maturity in seven dimensions, including “financing digitalisation, level of digital skill, and access to services”. The same assessment found that the “right conditions” had been generated for the purposes of digitalisation, but implementation fell short. These conditions included “political will and support, the legal framework, digital infrastructure and interoperability, digital identity/signature and security”. Montenegrin policymakers now perceive an increased need to transform their stated strategic goals into concrete action.

In accordance with the output produced by the 2013, 2015, and 2021 consensual reports of the United Nations Groups of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (UNGGE), Brazil believes that international law enjoys general applicability in cyberspace. For Brazil, this also includes international humanitarian law and international human rights law. Nevertheless, Brazilian delegations have expressed concern that unqualified transfers of international humanitarian law and an unlimited right of self-defence could legitimise cyberspace as a military domain, while also challenging the protective value of sovereignty and cementing a Western-biased status quo.

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.

Recalling its EU candidate status, the first substantive session of the 2021-2025 UN Group of Governmental exports (UNGGE) saw Montenegro aligning itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Montenegro has also consistently aligned itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29.

Brazilian diplomats portray Brazil’s role in the often polarised debates on norms of responsible state behaviour as that of a broker or strategic bridge-builder between the different camps rather than a mere ‘swing state’ and highlight that balancing between both camps serves to maintain an independent foreign policy. Brazil sought to focus its chairmanship of UN GGE’s third and fourth iterations on three issues: the role of civilians in cyber conflict, the right to respond, and attribution. Since the 2013 Snowden revelations, the country has been a stark champion of data protection, showcasing exceptional norm entrepreneurship
in relation to cyber-surveillance norms. Brazil has also expressed support for the proposal of adopting a legally binding instrument in the medium to long-term to prevent the militarisation of cyberspace.

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.

At the first substantive session of the 2021-2025 UNGGE, Montenegro aligned itself with the EU’s position that the “previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus” form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x].

Brazil’s 2020 National Cybersecurity Strategy (E-Ciber) outlines ten strategic actions to be undertaken in relation to cyber resilience, which include the extension of international cooperation and the enhancement of protection for critical infrastructure. The Strategy pledges Brazil to encourage international cooperation in cybersecurity, participate in joint cyber resilience events and exercises, and expand cybersecurity cooperation agreements. On the level of discourse, Brazil remains committed to international cyber cooperation in resilience, staying true to its traditional stance in favour of multilateral solutions.

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 new Cybersecurity Strategy 2022-2026 aims to improve effective mechanism for responding to cyber incidents and response to cybercrime. The new strategy recognises the establishment of a new body Cyber Security Agency which will be umbrella institution when it comes to cyber security. The CIRT team will be transferred to the new Agency. The 2018-2021 Cybersecurity Strategy explicitly establishes a “reliance” on European and Euro-Atlantic conceptualisations of cybersecurity and resilience. The Strategy points to the EU’s 2016 NIS Directive as the primary source of inspiration, notably in its requirements for the adoption of a national cybersecurity strategy, the definition of relevant authorities, and the creation of a Computer Incident Response Team (CIRT). Indeed, since 2012, the Montenegrin CIRT represents “a central point for coordinating prevention and protection against computer security incidents on the Internet and other IT security risk for the area of Montenegro”. The Strategy also features a dedicated section on cyber defence, highlighting the country’s alignment with NATO targets (E 6202 N). In expanding cyber defence capabilities, the document notes that “special attention will be paid to harmonisation with regard to the standardisation of concepts, methods, policies, and procedures in line with the accepted European and international standards”. It also pledges the country to a set of goals: (1) definition and protection of critical information infrastructure; (2) strengthening the resilience of information systems to incidents; and (3) performing analysis of threats to IT infrastructure. Montenegro completed a bilateral ICT cooperation agreement with Thailand in 2013, while it is also a member of the CAMP initiative, the platform where members “prepare themselves with collective actions to keep cyberspace safe” through training, joint exercises, and dialogues.

Brazil originally refrained from signing the Budapest Convention on Cybercrime and had expressed scepticism in response to invitations to accede. The argument advanced was that the treaty is Western-biased and lacking in inclusivity, given that Brazil was not part of the original drafting process. During voting for UNGA Resolution A/74/401, the Russian-sponsored proposal for a new binding Cybercrime Convention, Brazil abstained; during meetings with the BRICS leaders, however, Brazil had endorsed Russian pleas for a new cybercrime instrument to replace the Budapest regime. Upon invitation by the Council of Europe, Brazil finally initiated the process of accession to the Convention in December 2019 and is now an observer country.

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).

Montenegro is a party to the Council of Europe-sponsored Budapest Convention, ratifying it in 2010. In February 2013, Montenegro signed the regional Declaration on Strategic Priorities against Cybercrime, which “identified strategic priorities” that largely reflect the spirit and content of the Budapest provisions. [x] The 2018-2021 Strategy lists several developments that have contributed towards strengthening the capabilities of law enforcement authorities in dealing with cybercrime: these include the establishment of a dedicated High-Tech Crime Group within the Ministry of Interior, while the National Security Agency is making “significant efforts aimed at creating normative and operational mechanisms for fighting against cybercrime and espionage”. [x]

Many thanks to Ms Ana Minevski for her valuable comments.