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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.
Overall, Cuba's internet and social media penetration is limited due to access limitations, slow network speeds, and high costs, resulting in a rather slow internet adoption. The Cuban government has attempted to expand public Wi-Fi hotspots launching 3G and 4G mobile networks. Despite these efforts, internet access in Cuba remains expensive and limited compared to other countries in the region.
According to a 2021 report by Freedom House, the Cuban government uses a range of tactics to restrict online speech, including censorship, surveillance, and intimidation of online activists. The report notes that online criticism of the government can result in arrest and imprisonment. 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.
According to a 2021 report by Freedom House, the Cuban government uses a range of tactics to restrict online speech, including censorship, surveillance, and intimidation of online activists. The report notes that online criticism of the government can result in arrest and imprisonment. 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.
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.
It's worth noting that while Cuba has participated in international discussions and informal negotiations related to cybersecurity, it has not signed or ratified binding agreements regarding cyberspace or digital rights. Its government has also been criticised by human rights groups for its restrictions on internet access and online freedom of expression, which have limited its ability to fully engage in these discussions.
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).
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).
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. Cuba has been represented in the United Nations Group of Governmental Experts (UN GGE) on Developments in the Field of Information and Telecommunications in the Context of International Security. It participated in multiple sessions of the UN GGE and has made contributions as part of the NAM (Non-Aligned Movement), a group of countries that are not formally aligned with any major power bloc. As such, a 2017 statement by Cuba emphasised the need to avoid a ‘state militarisation’ of cyberspace and concentrate on peaceful settlement of disputes and conflict prevention. In 2019, for instance, Cuba called for the development of a safe cyberspace environment that can promote well-being, knowledge and human development. 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.”
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. Cuba has been represented in the United Nations Group of Governmental Experts (UN GGE) on Developments in the Field of Information and Telecommunications in the Context of International Security. It participated in multiple sessions of the UN GGE and has made contributions as part of the NAM (Non-Aligned Movement), a group of countries that are not formally aligned with any major power bloc. As such, a 2017 statement by Cuba emphasised the need to avoid a ‘state militarisation’ of cyberspace and concentrate on peaceful settlement of disputes and conflict prevention. In 2019, for instance, Cuba called for the development of a safe cyberspace environment that can promote well-being, knowledge and human development. 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.”
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. Cuba launched its first strategy on cybersecurity in 2019, emphasising the need for 'cybersecurity and cyber resilience' in the face of potential threats to national security and the economy, as well as protecting critical infrastructure. The resolution also focused on capacity-building and training in cybersecurity and cyber resilience, both within the government and in the private sector. 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.
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. Cuba launched its first strategy on cybersecurity in 2019, emphasising the need for 'cybersecurity and cyber resilience' in the face of potential threats to national security and the economy, as well as protecting critical infrastructure. The resolution also focused on capacity-building and training in cybersecurity and cyber resilience, both within the government and in the private sector. 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.
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. Cuba is not a signatory of the Budapest Convention on Cybercrime and has developed its own domestic legal framework in the matter, such as Decree-Law No. 360/2019 which covers a wide range of crimes related to information and communication technologies. In an ongoing debate surrounding this new legislation, critics say that the law could be used to suppress dissent and limit freedom of expression online. 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.
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. Cuba is not a signatory of the Budapest Convention on Cybercrime and has developed its own domestic legal framework in the matter, such as Decree-Law No. 360/2019 which covers a wide range of crimes related to information and communication technologies. In an ongoing debate surrounding this new legislation, critics say that the law could be used to suppress dissent and limit freedom of expression online. 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.
