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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.
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.
India and the European Union share many values and principles, such as inclusiveness, democracy, and multilateralism. With 1.4 billion people, India is the largest democracy in the world and considers itself as a leader among the Global South. India and the EU share common visions of a rules-based global order and are aligned on their commitment to an open, free, secure, stable, peaceful, and accessible cyberspace, enabling economic growth and innovation. In light of India’s rapid digitization and connectivity, the EU-India Strategic Partnership & Roadmap to 2025 includes commitments to cooperate on new and emerging technologies, norms and regulatory frameworks, and international standards.
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.
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 a member of the 2015 UNGGE group, India accepts that international law and specifically the UN Charter applies in its entirety in the cyber domain. India has noted the need to develop common understandings as to how international law should be interpreted, especially on the issues of what constitutes force and/or an armed attack in cyberspace and what the threshold of cyber-attacks should be to invoke Article 51 of the UN Charter.
In statements at the UN General Assembly, India has also specifically called for further elaboration on peacetime rules of international law, the law concerning the right of self-defence and international humanitarian law.
Apart from these calls for clarification and elaboration, however, India’s stance on specific aspects of international law and their interpretation remains unclear. This seems consistent with India’s recent reorientation of its foreign policy; since 2019, India’s wider approach has been marked by a shift from traditional non-alignment to issue-based ‘multi-alignment’ that reflects national priorities and interests.
In statements at the UN General Assembly, India has also specifically called for further elaboration on peacetime rules of international law, the law concerning the right of self-defence and international humanitarian law.
Apart from these calls for clarification and elaboration, however, India’s stance on specific aspects of international law and their interpretation remains unclear. This seems consistent with India’s recent reorientation of its foreign policy; since 2019, India’s wider approach has been marked by a shift from traditional non-alignment to issue-based ‘multi-alignment’ that reflects national priorities and interests.
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. 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. India has assumed a stance of strategic ambiguity on the proliferation of norms for responsible state behaviour in cyberspace, positioning itself as a ‘bridge builder’ between the two camps that have emerged during multilateral cyber norm negotiations.
Its insistence on an enhanced role for intergovernmental institutions (such as the ITU) and its oscillating allegiance to the two polarised factions largely reflect the country’s long-standing focus on Westphalian sovereignty and the consequent belief in the primacy of the state as an actor in international affairs. This brings India to a certain degree of alignment with sovereignty-focused countries like China and Russia in the context of norm-building debates.
At the second substantive session of the Open-Ended Working Group (OEWG), India argued that voluntary norms do not necessarily increase the predictability of state behaviour within the ICT environment, but was not openly against the adoption of new voluntary norms; for instance, the country proposed the adoption of a new norm on refraining from weaponisation and offensive uses of ICTs along with countries like Iran, Cuba, and Nigeria.
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. 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. India has assumed a stance of strategic ambiguity on the proliferation of norms for responsible state behaviour in cyberspace, positioning itself as a ‘bridge builder’ between the two camps that have emerged during multilateral cyber norm negotiations.
Its insistence on an enhanced role for intergovernmental institutions (such as the ITU) and its oscillating allegiance to the two polarised factions largely reflect the country’s long-standing focus on Westphalian sovereignty and the consequent belief in the primacy of the state as an actor in international affairs. This brings India to a certain degree of alignment with sovereignty-focused countries like China and Russia in the context of norm-building debates.
At the second substantive session of the Open-Ended Working Group (OEWG), India argued that voluntary norms do not necessarily increase the predictability of state behaviour within the ICT environment, but was not openly against the adoption of new voluntary norms; for instance, the country proposed the adoption of a new norm on refraining from weaponisation and offensive uses of ICTs along with countries like Iran, Cuba, and Nigeria.
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. 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. In matters related to cyber resilience, India has proven to be an active proponent of bilateralism. It has initiated cyber dialogues with actors like the US, the UK, Russia, Malaysia, the EU, and ASEAN, all of which include capacity-building elements. Internationally, the country has also been especially vocal on the need to establish cooperative mechanisms for developing and implementing bilateral, regional, and global confidence-building measures (CBMs).
In the context of multilateral fora, India has many a time reiterated that the issue of supply chain protection enjoys particular significance for them, especially in relation to ‘trust and trusted sources’ when it comes to preferring suppliers of ICT products and systems. It has also noted that capacity building actually goes beyond what is being dealt with under international security and is inherently tied to discussions on international legal instruments on cyberspace, where all states are equal and have the capacity to discuss legitimate matters under the auspices of the UN.
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. 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. In matters related to cyber resilience, India has proven to be an active proponent of bilateralism. It has initiated cyber dialogues with actors like the US, the UK, Russia, Malaysia, the EU, and ASEAN, all of which include capacity-building elements. Internationally, the country has also been especially vocal on the need to establish cooperative mechanisms for developing and implementing bilateral, regional, and global confidence-building measures (CBMs).
In the context of multilateral fora, India has many a time reiterated that the issue of supply chain protection enjoys particular significance for them, especially in relation to ‘trust and trusted sources’ when it comes to preferring suppliers of ICT products and systems. It has also noted that capacity building actually goes beyond what is being dealt with under international security and is inherently tied to discussions on international legal instruments on cyberspace, where all states are equal and have the capacity to discuss legitimate matters under the auspices of the UN.
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. 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. Under the auspices of the OEWG, India has highlighted the need for “real-time cooperation between government agencies” in combatting cybercrime, cyberterrorism, and cyber threats more widely. To date, however, India has not signed any international cybercrime agreement. It voted in favour of a Russia-sponsored UNGA Resolution calling for the establishment of a separate cybercrime treaty.
Despite having brought its legal framework largely in alignment with the Budapest Convention, India remains a non-party because the document was drafted without the country’s participation, thus rending the treaty discriminatory. Another big objection has been raised on the basis of section 32.b, which gives intelligence agencies trans-border access to data for the purposes of criminal investigations with lawful and voluntary consent - a concern shared by Russia.
It has also been argued that the Mutual Legal Assistance (MLA) regime under Budapest is not effective, as it does not commit states to a firm promise of cooperation; from the perspective of the Indians, it would be preferable to replace this regime with a UN-driven process.
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. 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. Under the auspices of the OEWG, India has highlighted the need for “real-time cooperation between government agencies” in combatting cybercrime, cyberterrorism, and cyber threats more widely. To date, however, India has not signed any international cybercrime agreement. It voted in favour of a Russia-sponsored UNGA Resolution calling for the establishment of a separate cybercrime treaty.
Despite having brought its legal framework largely in alignment with the Budapest Convention, India remains a non-party because the document was drafted without the country’s participation, thus rending the treaty discriminatory. Another big objection has been raised on the basis of section 32.b, which gives intelligence agencies trans-border access to data for the purposes of criminal investigations with lawful and voluntary consent - a concern shared by Russia.
It has also been argued that the Mutual Legal Assistance (MLA) regime under Budapest is not effective, as it does not commit states to a firm promise of cooperation; from the perspective of the Indians, it would be preferable to replace this regime with a UN-driven process.
