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China has the largest amount of users in the world, a significant digital economy growth potential, and its national Internet giants Alibaba, Didi, Tencent and Baidu are increasingly able to rival the biggest Western competitors in terms of market value and influence on the global tech landscape. China’s cyber diplomacy puts special attention towards equal participation, the principles of non-interference in internal affairs, non-use of force and peaceful settlement of disputes, and support for multilateral institutions to shape normative views on the governance of cyberspace. However, China’s propagation of the cyber-sovereignty approach to international cybersecurity policy and an absolutist reading of sovereignty in cyberspace provide a legal cloak for state practices that often run counter to the core European values of a global, open, and free Internet.
El Salvador is known for its adoption of Bitcoin as a legal tender in 2021. El Salvador’s internet penetration rate stood at 50.5 % of the total population at the start of 2022, with over 4 million social media users. El Salvador is making important progress towards digitalisation in terms of infrastructure capacity and reliability, but there are still challenges to overcome, such as access and affordability to internet connections, especially in rural areas. Regarding data protection, El Salvador still lacks a comprehensive data protection law, although the country has made improvements in the past years.
Over the past decade, Australia has been a frontrunner in terms of digital transformation; the country ranked 11th globally on the 2020 Global Connectivity Index and 2nd 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.
In theory, China accepts that the principles enshrined within the UN Charter, including sovereign equality, prohibition on the use of force, settlement of disputes by peaceful means, non-intervention in the affairs of other states and fulfilment of international obligations in good faith, apply in cyberspace.
Nevertheless, the Chinese position is generally characterized by a reluctance to crystallise the precise ways in which existing customary and international treaty law might govern the cyber domain; the exact application of specific aspects of international law, such as laws on self-defence, state responsibility, and international humanitarian law, is claimed to remain unclear in the absence of international consensus.
Chinese delegations have also repeatedly cautioned against the “indiscriminate application of the law of armed conflicts”, arguing that the undue emphasis on jus ad bellum undermines stability in cyberspace by presupposing and thus effectively legitimising cyber conflict, consequently turning cyberspace into a “new battlefield”.
China regards proposals on regional exchanges of views and development of common understanding on the application of international law with particular scepticism, stating that states must work on reaching “universally-accepted consensus” on the application of international law, rather than engage in “self-explanations at regional levels or among a small group of countries”. The Chinese have also consistently favoured the adoption of new international legal instruments tailored to the attributes of cyberspace (lex specialis). El Salvador has supported, along with several other states, a Russian-backed proposal to develop a new binding legal instrument to govern responsible state behaviour in cyberspace. It’s the Salvadoran position that the absence of legislation is the main obstacle towards fighting cybercrime internationally. 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”.
Nevertheless, the Chinese position is generally characterized by a reluctance to crystallise the precise ways in which existing customary and international treaty law might govern the cyber domain; the exact application of specific aspects of international law, such as laws on self-defence, state responsibility, and international humanitarian law, is claimed to remain unclear in the absence of international consensus.
Chinese delegations have also repeatedly cautioned against the “indiscriminate application of the law of armed conflicts”, arguing that the undue emphasis on jus ad bellum undermines stability in cyberspace by presupposing and thus effectively legitimising cyber conflict, consequently turning cyberspace into a “new battlefield”.
China regards proposals on regional exchanges of views and development of common understanding on the application of international law with particular scepticism, stating that states must work on reaching “universally-accepted consensus” on the application of international law, rather than engage in “self-explanations at regional levels or among a small group of countries”. The Chinese have also consistently favoured the adoption of new international legal instruments tailored to the attributes of cyberspace (lex specialis). El Salvador has supported, along with several other states, a Russian-backed proposal to develop a new binding legal instrument to govern responsible state behaviour in cyberspace. It’s the Salvadoran position that the absence of legislation is the main obstacle towards fighting cybercrime internationally. 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”.
China’s International Strategy on Cyberspace Cooperation highlights that the country is committed to the maintenance of peace and stability in cyberspace through international cooperation on norms of responsible state behaviour. In 2018, Chinese support for the Russia-sponsored UNGA Resolution A/RES/73/27 was instrumental in establishing the Open-Ended Working Group (OEWG) as an alternative forum to the UN Group of Governmental Experts (UN GGE), whose fifth iteration in 2017 had failed to reach consensus.
The country is in favour of formulating new norms of responsible state behaviour in light of recent ICT developments; during the latest OEWG discussions, China put forward specific proposals on formulating new rules on data security, in accordance with its own Global Initiative on Data Security.
China has repeatedly expressed a preference for non-voluntary, binding legal norms, arguing that the best option is to formulate “new international legal instruments consummate with the characteristics of cyberspace, with a view to maintaining peace in cyberspace, instead of using legal instruments as a tool to pursue accountability and punishment unilaterally.” El Salvador has been actively involved in promoting a safe cyberspace. The Latin American country, back in 2015, signed a memorandum of understanding with the UN Office on Drugs and Crime to support the fight against cybercrime, with training in capacity building, prevention and cooperation.
El Salvador has expressed views on the use of information and communications technologies for criminal purposes at the UNGA. As part of their statement, it was noted the lack of regulation obliging network administrators of public, private, or non-profit institutions to establish, maintain, and safeguard the connection logs of their internal clients, which can be exploited for the commission of traditional crime and cybercrime.
As part of the OEWG discussions, El Salvador has identified the norm regarding ICT product supply chains as the most important for states, in addition to proposing that the OEWG highlights the efforts and progress that countries are making in cybersecurity, making the spirit of cooperation in this area clear. 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.
The country is in favour of formulating new norms of responsible state behaviour in light of recent ICT developments; during the latest OEWG discussions, China put forward specific proposals on formulating new rules on data security, in accordance with its own Global Initiative on Data Security.
China has repeatedly expressed a preference for non-voluntary, binding legal norms, arguing that the best option is to formulate “new international legal instruments consummate with the characteristics of cyberspace, with a view to maintaining peace in cyberspace, instead of using legal instruments as a tool to pursue accountability and punishment unilaterally.” El Salvador has been actively involved in promoting a safe cyberspace. The Latin American country, back in 2015, signed a memorandum of understanding with the UN Office on Drugs and Crime to support the fight against cybercrime, with training in capacity building, prevention and cooperation.
El Salvador has expressed views on the use of information and communications technologies for criminal purposes at the UNGA. As part of their statement, it was noted the lack of regulation obliging network administrators of public, private, or non-profit institutions to establish, maintain, and safeguard the connection logs of their internal clients, which can be exploited for the commission of traditional crime and cybercrime.
As part of the OEWG discussions, El Salvador has identified the norm regarding ICT product supply chains as the most important for states, in addition to proposing that the OEWG highlights the efforts and progress that countries are making in cybersecurity, making the spirit of cooperation in this area clear. 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.
The Chinese International Strategy on Cyberspace Cooperation places a large emphasis on the development of confidence-building measures (CBMs) and engagement with partner countries through predictability-increasing practical measures to prevent unintended conflicts, respond to information operations, and ensure supply chain security in network equipment and industrial control systems.
Another key pillar of China’s cyber strategy is providing capacity-building assistance to developing countries. The Belt and Road Digital Economy International Cooperation Initiative, launched in 2017, and 'the Digital Silk Road' seek to internationalise Chinese technology made by state-owned or affiliated companies, including Huawei and ZTE, and therefore export Chinese technical standards abroad. Chinese outreach in this domain is most active in Africa, South America, and Central and Southeast Asia through projects such as the China-ASEAN Information Harbour and the China-Arabia Digital Silk Road Ningxia Hub. In addition to infrastructure investment, capacity building also focuses on enhancing information-sharing capacities, cyber defence personnel training, and crisis management. El Salvador has taken steps towards addressing cybercrime by establishing a Cybersecurity Policy which aims to ensure the resilience and security of strategic assets. It lays out criteria to develop cybersecurity capacities aimed at protecting critical infrastructure, strengthening response mechanisms, and developing technical and administration skills so that the public and private institutions in El Salvador as well as citizens are aware of cybersecurity and risks related to the use of information technologies. 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.
Another key pillar of China’s cyber strategy is providing capacity-building assistance to developing countries. The Belt and Road Digital Economy International Cooperation Initiative, launched in 2017, and 'the Digital Silk Road' seek to internationalise Chinese technology made by state-owned or affiliated companies, including Huawei and ZTE, and therefore export Chinese technical standards abroad. Chinese outreach in this domain is most active in Africa, South America, and Central and Southeast Asia through projects such as the China-ASEAN Information Harbour and the China-Arabia Digital Silk Road Ningxia Hub. In addition to infrastructure investment, capacity building also focuses on enhancing information-sharing capacities, cyber defence personnel training, and crisis management. El Salvador has taken steps towards addressing cybercrime by establishing a Cybersecurity Policy which aims to ensure the resilience and security of strategic assets. It lays out criteria to develop cybersecurity capacities aimed at protecting critical infrastructure, strengthening response mechanisms, and developing technical and administration skills so that the public and private institutions in El Salvador as well as citizens are aware of cybersecurity and risks related to the use of information technologies. 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.
The Chinese Strategy on Cyberspace Cooperation notes that the country “supports the UN Security Council to play an important part in international cooperation against cyber terrorism” and “supports and contributes to UN effort on fighting cyber crimes”. China is not a party to or observer of the Budapest Convention; instead, it has consistently backed Russian bids in the UN to establish a new cybercrime treaty, with these efforts culminating in Resolution A/74/247 that created an Ad Hoc Committee for that purpose.
China has also signed the World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty) in 1985 as well as the UN Convention Against Transnational Organised Crime and is a member of Interpol.
In addition, China has pursued regional avenues of cooperative engagement; within the context of the Shanghai Cooperation Organisation, for instance, the country agreed to participate in efforts to fight against terrorism, separatism, extremism, and international cybercrime.
It also supports joint cybersecurity exercises under the auspices of the Organisation. El Salvador has its own legal framework regarding cybercrime, dating back to 2016, but updated during Bukele’s government, called Special Law against Cybercrime and Related Offenses. The bill establishes a series of crimes related to computer systems and electronic communication, such as unauthorised access to computer systems, the production and dissemination of malicious software, and computer fraud. 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.
China has also signed the World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty) in 1985 as well as the UN Convention Against Transnational Organised Crime and is a member of Interpol.
In addition, China has pursued regional avenues of cooperative engagement; within the context of the Shanghai Cooperation Organisation, for instance, the country agreed to participate in efforts to fight against terrorism, separatism, extremism, and international cybercrime.
It also supports joint cybersecurity exercises under the auspices of the Organisation. El Salvador has its own legal framework regarding cybercrime, dating back to 2016, but updated during Bukele’s government, called Special Law against Cybercrime and Related Offenses. The bill establishes a series of crimes related to computer systems and electronic communication, such as unauthorised access to computer systems, the production and dissemination of malicious software, and computer fraud. 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.
