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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.
South Korea has made significant progress over the last decades when it comes to connectivity and is currently one of the leading states in terms of access and use of ICTs. While in 1995 less than one percent of Koreans used the internet, four years later the country passed the developed nation average and nowadays South Korea is a global leader in the field of connectivity and internet access. Government support for internet access has been instrumental in fostering this progress in connectivity through governmental programs, trainings and low interest loans to companies providing broadband access. Consequently, cyber issues were recognised as important to the bilateral relationship at the EU-South Korea Summit in 2015, and five cyber dialogues have taken place between 2015 and 2020.
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 Group of Governmental Experts (UNGGE) and as per the Seoul Framework for and Commitment to an Open and Secure Cyberspace, the ROK recognises that international law, and in particular the UN Charter, is applicable in cyberspace and essential for maintaining security and stability as well as promoting an open, secure, peaceful, and accessible ICT environment.
The country also acknowledges that cybersecurity must go hand-in-hand with respect for human rights and fundamental freedoms as set forth in the Universal Declaration of Human Rights and other international instruments. The ROK notably co-sponsored the Human Rights Council Resolutions 20/8 and 26/13 concerning the promotion, protection and enjoyment of human rights on the Internet.
The country supports the idea of increasing interstate engagement and exchanging national views on how international law applies in cyberspace, both at the multilateral level as well as at the bilateral and regional levels.
The country also acknowledges that cybersecurity must go hand-in-hand with respect for human rights and fundamental freedoms as set forth in the Universal Declaration of Human Rights and other international instruments. The ROK notably co-sponsored the Human Rights Council Resolutions 20/8 and 26/13 concerning the promotion, protection and enjoyment of human rights on the Internet.
The country supports the idea of increasing interstate engagement and exchanging national views on how international law applies in cyberspace, both at the multilateral level as well as at the bilateral and regional levels.
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. The ROK stands in favour of the adoption and elaboration of voluntary, non-binding norms of state behaviour during peacetime. It strongly upholds the 11 non-binding norms agreed upon in the 2015 UNGGE report and believes that further efforts should be undertaken to clarify and concretise them.
In addition, the ROK has put great emphasis on the principle of due diligence, consistently demonstrating its commitment through public statements at regional and international forums. The country believes that no new legally binding instrument is necessary for the moment, retaining a preference for the ‘soft law’ approach and maintaining that less resilient states should first focus on building capacity rather than reforming regulatory frameworks.
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. The ROK stands in favour of the adoption and elaboration of voluntary, non-binding norms of state behaviour during peacetime. It strongly upholds the 11 non-binding norms agreed upon in the 2015 UNGGE report and believes that further efforts should be undertaken to clarify and concretise them.
In addition, the ROK has put great emphasis on the principle of due diligence, consistently demonstrating its commitment through public statements at regional and international forums. The country believes that no new legally binding instrument is necessary for the moment, retaining a preference for the ‘soft law’ approach and maintaining that less resilient states should first focus on building capacity rather than reforming regulatory frameworks.
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. Driven by a proliferation of cyberthreats originating in the DPRK, Korean diplomats have consistently maintained that bridging the global gap in cybersecurity capabilities constitutes a central task for states; as such, countries should develop cyber defence capabilities to foster resilience in the global cyber ecosystem.
The South Korean government has introduced several international cooperation mechanisms, especially through the Korean Internet & Security Agency (KISA) and its Global Cybersecurity Centre for Development (GCCD) project. Through the GCCD, South Korea has worked with the World Bank and a series of partner countries in Latin America to organise workshops and exercises. Another important initiative is the Cybersecurity Alliance for Mutual Progress (CAMP) network, a mechanism launched in 2016 that provides a platform for Korea to share its expertise with a large group of partner countries and help them exchange knowledge and best practices.
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. Driven by a proliferation of cyberthreats originating in the DPRK, Korean diplomats have consistently maintained that bridging the global gap in cybersecurity capabilities constitutes a central task for states; as such, countries should develop cyber defence capabilities to foster resilience in the global cyber ecosystem.
The South Korean government has introduced several international cooperation mechanisms, especially through the Korean Internet & Security Agency (KISA) and its Global Cybersecurity Centre for Development (GCCD) project. Through the GCCD, South Korea has worked with the World Bank and a series of partner countries in Latin America to organise workshops and exercises. Another important initiative is the Cybersecurity Alliance for Mutual Progress (CAMP) network, a mechanism launched in 2016 that provides a platform for Korea to share its expertise with a large group of partner countries and help them exchange knowledge and best practices.
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. The ROK is generally a strong advocate of strengthening global cooperation against cybercrime. While it is not formally a signatory to the Budapest Convention, the country voted against the Russian-sponsored UNGA resolution calling for a new binding cybercrime treaty.
To promote cooperation among law enforcement agencies, the ROK’s Supreme Prosecutor’s Office (SPO) convenes regular meetings with the FBI, while also engaging with the Federal Criminal Police Office (BKA) in Germany and the European Cybercrime Centre (EC3) in the Netherlands.
On the basis of an increased awareness that Internet Service Providers (ISPs) are becoming “important partners to secure electronic evidences”, the SPO works along with Microsoft to operate the Government Security Program (GSP).
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. The ROK is generally a strong advocate of strengthening global cooperation against cybercrime. While it is not formally a signatory to the Budapest Convention, the country voted against the Russian-sponsored UNGA resolution calling for a new binding cybercrime treaty.
To promote cooperation among law enforcement agencies, the ROK’s Supreme Prosecutor’s Office (SPO) convenes regular meetings with the FBI, while also engaging with the Federal Criminal Police Office (BKA) in Germany and the European Cybercrime Centre (EC3) in the Netherlands.
On the basis of an increased awareness that Internet Service Providers (ISPs) are becoming “important partners to secure electronic evidences”, the SPO works along with Microsoft to operate the Government Security Program (GSP).
