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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.
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.
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.
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. 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. 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.
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. 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. 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.
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. 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. 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.
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. 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. Brazilian diplomats portray Brazil’s role in the often polarised debates on norms of responsible state behaviour as that of a broker or strategic bridge-builder between the different camps rather than a mere ‘swing state’ and highlight that balancing between both camps serves to maintain an independent foreign policy. Brazil sought to focus its chairmanship of UN GGE’s third and fourth iterations on three issues: the role of civilians in cyber conflict, the right to respond, and attribution. Since the 2013 Snowden revelations, the country has been a stark champion of data protection, showcasing exceptional norm entrepreneurship
in relation to cyber-surveillance norms. Brazil has also expressed support for the proposal of adopting a legally binding instrument in the medium to long-term to prevent the militarisation of cyberspace.
In 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. 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. 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 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. 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. 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.
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. 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. 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.
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. 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. 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.
