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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.
Japan is a trusted partner and shares the same basic values of human rights, rule of law, and democratic governance. This common set of values also applies to cyberspace as both the EU and Japan have publicly expressed strong support for an open, free and secure internet and the application of international norms to state activities in cyberspace. Japan is also an important trading partner of the EU. The recently adopted Economic Partnership Agreement also reinforces the need for a closer integration of the digital economies. Alignment in broader international economic and political issues is also evident in the field of cyber diplomacy and thus constitutes a strong foundation for close cooperation and partnership.
According to the International Telecommunications Union (ITU), as of 2021, Peru had an internet penetration rate of around 71.1 %. However other indexes place this number in the mid 60’s. Although many improvements were made in the past few years, Peru still possesses low network coverage, especially in rural areas and a relatively low network performance.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020.
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.
Japan has highlighted the importance of promoting the rule of law in cyberspace, noting that cyberspace “should not be a lawless zone”. It further endorses the applicability of international law, in particular the UN Charter, in the cyber domain. In relation to the use of countermeasures, it has stated that it is not necessary for countermeasures to be limited to the same means as internationally wrongful acts.
Japan has cautioned against the launch of “premature” discussions on developing a legally binding new instrument, arguing that the adoption of such an instrument might “roll back” the achievement of past multilateral efforts in confirming the applicability of existing international law in cyberspace. Instead, Japan believes that it is necessary to consolidate, elaborate, and clarify the interpretation of existing treaties and content of customary international law.
During the drafting phase of the 2021 Open-Ended Working Group (OEWG) Report, Japan had proposed to include language explicitly affirming the applicability of State responsibility for internationally wrongful acts, the inherent right of self-defence recognized under the UN Charter, and International Humanitarian Law. Peru is one of the Latin American countries to have signed and ratified the Council of Europe’s Convention 108+.
The country has also participated in the United Nations Open-ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security. As a matter of fact, after the third substantive session of the OEWG, Peru issued a statement supporting the primacy of the UN Charter and the application of international law in the use of ICTs and in cyberspace, as well as the future establishment of legally binding obligations.
On the other hand, Peru along with Chile and the United States of America, has a divergent view on the notion of cyber attack and the applicability of international law. Peru states that in order for a cyber operation to be considered an attack, it results in direct death, injury or physical harm.
Japan has cautioned against the launch of “premature” discussions on developing a legally binding new instrument, arguing that the adoption of such an instrument might “roll back” the achievement of past multilateral efforts in confirming the applicability of existing international law in cyberspace. Instead, Japan believes that it is necessary to consolidate, elaborate, and clarify the interpretation of existing treaties and content of customary international law.
During the drafting phase of the 2021 Open-Ended Working Group (OEWG) Report, Japan had proposed to include language explicitly affirming the applicability of State responsibility for internationally wrongful acts, the inherent right of self-defence recognized under the UN Charter, and International Humanitarian Law. Peru is one of the Latin American countries to have signed and ratified the Council of Europe’s Convention 108+.
The country has also participated in the United Nations Open-ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security. As a matter of fact, after the third substantive session of the OEWG, Peru issued a statement supporting the primacy of the UN Charter and the application of international law in the use of ICTs and in cyberspace, as well as the future establishment of legally binding obligations.
On the other hand, Peru along with Chile and the United States of America, has a divergent view on the notion of cyber attack and the applicability of international law. Peru states that in order for a cyber operation to be considered an attack, it results in direct death, injury or physical harm.
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. In multilateral fora, Japan has frequently emphasised the need to implement voluntary and non-binding norms of responsible state behaviour in cyberspace. The country believes that any discussion on norm-building should exclusively occur on the basis of the 11 norms affirmed within the 2015 UNGGE Report; possible new norms should be “carefully scrutinised” so as to avoid any change to these 11 norms or duplication with them.
Japan also strongly opposes the adoption of additional legally binding obligations, maintaining that such an endeavour would take a very long time whereas the evolution of technology is extremely fast-paced. Instead, countries should work on parallel mechanisms for capacity-building, raising awareness, and promoting a common understanding of norms. Peru stresses the need to make a distinction between 'cyber attacks' (which involve 'damage being caused to a militarily relevant target, which may be totally or partially destroyed, even captured or neutralised') and an 'abrupt disruption of communications in cyberspace', i.e. cyber operations that cause inconvenience, even extreme inconvenience, but not direct injury or death, or destruction of property. Accordingly, Peru emphasises the determination of the legality of cyber operations in the context of the use of force by taking into account whether they may result in death or injury to persons or property.
Peru has noted the difficulty of attribution in cyberspace. Coinciding with other American states, Peru has focused on the state's duty to ensure that its territory is not used by non-state actors to launch attacks. In this regard, Peru states that the inertia of a state towards a non-state actor that could unleash a cyber-attack on another state and that it was in a position to control could make its behaviour attributable to the state.
In any case, Peru highlights the validity of various human rights in cyberspace, including 'the right to privacy and intimacy, freedom of information, freedom of expression, free and equal access to information, bridging the digital divide, intellectual property rights, free flow of information, the right to secrecy of communications'.
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. In multilateral fora, Japan has frequently emphasised the need to implement voluntary and non-binding norms of responsible state behaviour in cyberspace. The country believes that any discussion on norm-building should exclusively occur on the basis of the 11 norms affirmed within the 2015 UNGGE Report; possible new norms should be “carefully scrutinised” so as to avoid any change to these 11 norms or duplication with them.
Japan also strongly opposes the adoption of additional legally binding obligations, maintaining that such an endeavour would take a very long time whereas the evolution of technology is extremely fast-paced. Instead, countries should work on parallel mechanisms for capacity-building, raising awareness, and promoting a common understanding of norms. Peru stresses the need to make a distinction between 'cyber attacks' (which involve 'damage being caused to a militarily relevant target, which may be totally or partially destroyed, even captured or neutralised') and an 'abrupt disruption of communications in cyberspace', i.e. cyber operations that cause inconvenience, even extreme inconvenience, but not direct injury or death, or destruction of property. Accordingly, Peru emphasises the determination of the legality of cyber operations in the context of the use of force by taking into account whether they may result in death or injury to persons or property.
Peru has noted the difficulty of attribution in cyberspace. Coinciding with other American states, Peru has focused on the state's duty to ensure that its territory is not used by non-state actors to launch attacks. In this regard, Peru states that the inertia of a state towards a non-state actor that could unleash a cyber-attack on another state and that it was in a position to control could make its behaviour attributable to the state.
In any case, Peru highlights the validity of various human rights in cyberspace, including 'the right to privacy and intimacy, freedom of information, freedom of expression, free and equal access to information, bridging the digital divide, intellectual property rights, free flow of information, the right to secrecy of communications'.
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.
Resilience constitutes one of the central objectives of Japan’s 2018 Cybersecurity Strategy, whose core components include international cooperation in sharing expertise and coordination of policies, incidence response, and cyber capacity-building (CCB). Japan has traditionally argued that global initiatives are required to reduce cybersecurity vulnerabilities and has advocated for a tailor-made approach that takes into account the national situation of recipient countries and the importance of national ownership.
Japan recognises the ‘trickle-up’ effect of national initiatives, stating that CCB “not only improves the capabilities of the recipient country, but also directly leads to enhanced security and stability in cyberspace as a whole”; in that sense, it disfavours the understanding of CCB as a “common but differentiated responsibility”, believing that such a view “does not fit the context” of international cyber cooperation. As a result, the country has assumed a balanced approach to CCB. On the one hand, it has successfully utilised multilateral fora such as the G7 and G20 summits to promote its own normative standards.
At the G7 Ise-Shina Summit in May 2016, for instance, Japan introduced the Ise-Shima Principles, which included the enhancement of cooperation on CCB. On the other hand, Japan considers its own security and that of its nationals as intrinsically tied to the cyber capabilities of developing countries, since attacks on the IT infrastructure of regional partners can adversely affect Japanese trade. Japan has thus acted primarily through ASEAN to promote regional capacity-building efforts. The Personal Data Protection Law N° 29733 (PDPL) was enacted in June 2011. In March 2013, the Supreme Decree N° 003-2013-JUS-Regulation of the PDLP (Regulation) was published in order to develop, clarify and expand on the requirements of the PDPL and set forth specific rules, terms and provisions regarding data protection.
Together, the PDLP and its Regulation are the primary data protection laws in Peru.
As of 2021, Peru approved the Bill that creates the National Authority for Transparency, Access to Public Information and Protection of Personal Data.
Peru possesses a Digital Trust Framework, as a means to establish certain obligations for public or private entities acting as digital service providers. These include reporting when a digital security incident involving personal data occurs, as well as implementing technical, organisational, and legal security measures to guarantee the confidentiality of information transmitted through its communications services.
Over the last decades, the Peruvian state has made efforts to promote digital transformation, both within its institutions and in the services it offers to citizens and has outlined a Digital Agenda in 2021 for Digital Transformation.
Japan recognises the ‘trickle-up’ effect of national initiatives, stating that CCB “not only improves the capabilities of the recipient country, but also directly leads to enhanced security and stability in cyberspace as a whole”; in that sense, it disfavours the understanding of CCB as a “common but differentiated responsibility”, believing that such a view “does not fit the context” of international cyber cooperation. As a result, the country has assumed a balanced approach to CCB. On the one hand, it has successfully utilised multilateral fora such as the G7 and G20 summits to promote its own normative standards.
At the G7 Ise-Shina Summit in May 2016, for instance, Japan introduced the Ise-Shima Principles, which included the enhancement of cooperation on CCB. On the other hand, Japan considers its own security and that of its nationals as intrinsically tied to the cyber capabilities of developing countries, since attacks on the IT infrastructure of regional partners can adversely affect Japanese trade. Japan has thus acted primarily through ASEAN to promote regional capacity-building efforts. The Personal Data Protection Law N° 29733 (PDPL) was enacted in June 2011. In March 2013, the Supreme Decree N° 003-2013-JUS-Regulation of the PDLP (Regulation) was published in order to develop, clarify and expand on the requirements of the PDPL and set forth specific rules, terms and provisions regarding data protection.
Together, the PDLP and its Regulation are the primary data protection laws in Peru.
As of 2021, Peru approved the Bill that creates the National Authority for Transparency, Access to Public Information and Protection of Personal Data.
Peru possesses a Digital Trust Framework, as a means to establish certain obligations for public or private entities acting as digital service providers. These include reporting when a digital security incident involving personal data occurs, as well as implementing technical, organisational, and legal security measures to guarantee the confidentiality of information transmitted through its communications services.
Over the last decades, the Peruvian state has made efforts to promote digital transformation, both within its institutions and in the services it offers to citizens and has outlined a Digital Agenda in 2021 for Digital Transformation.
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.
According to Japan’s 2018 Cybersecurity Strategy, the country is committed to “further [promoting] international partnership through international investigative cooperation and information sharing with international organisations, law enforcement agencies and security information agencies in foreign countries.”
Japan is a party to the Budapest Convention on Cybercrime and mutual assistance treaties (MLAT), voting against the Russian-sponsored UNGA resolution calling for a new binding cybercrime treaty. Japan has pursued dialogues related to cybercrime cooperation in the context of ASEAN, as well as on a bilateral basis with countries like the UK, USA, and Australia. Peru’s signature and ratification of the Budapest Convention on Cybercrime, which is the only binding international instrument dealing with cybercrime, was a great step towards advancing a cyber agenda.
In 2019, Peru passed a Cyber Defence Act, with the objectives of defending and protecting sovereignty, national interests, critical national assets and key resources to maintain national capabilities against threats or attacks in and through cyberspace, when these affect national security.Peru has also passed a Cybersecurity Framework for the private sector, with the objective of identifying and protecting information assets, detecting security events, and providing for response and recovery from cybersecurity incidents.
In this context, there are more and more reports of cybercrime in the country. According to data from the Public Prosecutor's Office, in 2021 they received 18,596 reports of cybercrime cases, which represents a percentage increase of 92.9% compared to 2020, with phishing and ransomware being the most common attacks.
Japan is a party to the Budapest Convention on Cybercrime and mutual assistance treaties (MLAT), voting against the Russian-sponsored UNGA resolution calling for a new binding cybercrime treaty. Japan has pursued dialogues related to cybercrime cooperation in the context of ASEAN, as well as on a bilateral basis with countries like the UK, USA, and Australia. Peru’s signature and ratification of the Budapest Convention on Cybercrime, which is the only binding international instrument dealing with cybercrime, was a great step towards advancing a cyber agenda.
In 2019, Peru passed a Cyber Defence Act, with the objectives of defending and protecting sovereignty, national interests, critical national assets and key resources to maintain national capabilities against threats or attacks in and through cyberspace, when these affect national security.Peru has also passed a Cybersecurity Framework for the private sector, with the objective of identifying and protecting information assets, detecting security events, and providing for response and recovery from cybersecurity incidents.
In this context, there are more and more reports of cybercrime in the country. According to data from the Public Prosecutor's Office, in 2021 they received 18,596 reports of cybercrime cases, which represents a percentage increase of 92.9% compared to 2020, with phishing and ransomware being the most common attacks.
