Internet penetration in Montenegro stands at 83%, while analysis indicates that internet usage increased by 10,000 users (+2%) from 2021 to 2022. [x] As an EU candidate country, Montenegro has strived to align itself with the EU’s cyber priorities and recent strategic documents like the 2018-2021 Cybersecurity Strategy and its 2013-2017 predecessor represent a firm indication of this ambition. In the past five years, however, the Montenegrin government and media outlets have increasingly seen themselves sitting at the bullseye of numerous malicious cyberattacks, suggesting “synchronised action” on the part of several state and non-state actors. [x] A 2022 digital maturity assessment commissioned by the European Bank for Reconstruction and Development and conducted by e-Governance Academy found Montenegro to have only a “basic” level of digital maturity in seven dimensions, including “financing digitalisation, level of digital skill, and access to services”. The same assessment found that the “right conditions” had been generated for the purposes of digitalisation, but implementation fell short. These conditions included “political will and support, the legal framework, digital infrastructure and interoperability, digital identity/signature and security”. Montenegrin policymakers now perceive an increased need to transform their stated strategic goals into concrete action.

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.

The United States has historically been a strong partner in cyber diplomacy for the EU based on common values (human rights, rule of law), goals (open, stable and secure cyberspace) and interpretation of international law. Cyber diplomacy with the US has also been operationalised in the form of information-sharing and cooperation to tackle cybercrime, cooperation on cyber defence via NATO and cyber capacity building in third countries. Despite differences over certain foreign policy issues, the EU and the US remain close allies in cyberspace.

Recalling its EU candidate status, the first substantive session of the 2021-2025 UN Group of Governmental exports (UNGGE) saw Montenegro aligning itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Montenegro has also consistently aligned itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29.

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).

The US believes that international law is applicable in cyberspace. As part of the ‘like-minded’ coalition, the US recognises a need to acknowledge the full breadth of relevant international law, including international humanitarian law (IHL), human rights law, customary international law on the responsibilities of states for internationally wrongful acts. The general applicability of IHL in cyberspace is not to be misconstrued as a tacit endorsement of aggression in the cyber domain; instead, it only serves to remind states of the responsibility to respect and protect civilians in the event of armed conflict. 
In the context of multilateral fora, US diplomats have specifically emphasised the applicability of the right to self-defence under Art. 51 of the UN Charter, noting that a State may lawfully take cyber-based or non-cyber-based countermeasures in response to internationally wrongful cyber activities attributable to another State, but only subject to the requirements of the doctrine under international law and the principles of necessity and proportionality.

At the first substantive session of the 2021-2025 UNGGE, Montenegro aligned itself with the EU’s position that the “previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus” form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x].

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.”

As stated in the 2018 National Security Strategy, the United States views voluntary, non-binding norms of state behaviour during peacetime as essential components of a framework of responsible State behaviour in cyberspace. The US has participated in all iterations of the UN Group of Governmental Experts (UNGGE) as well as the latest Open-Ended Working Group.
In these multilateral fora, US diplomats have typically opposed attempts at shifting to a legally binding status for norms of responsible state behaviour, arguing that such discussions are “premature” and do not represent the best way to address the immediate threats given the fast pace of technological developments. 
The starting basis for any further discussions on the part of the US rests on the current buildup of consensus surrounding the norms identified in the 2015 and 2021 GGE reports. Efforts should be concentrated on the implementation of existing consensus norms, not the creation of entirely new normative concepts (i.e. in relation to harmful hidden functions and specific critical infrastructure sectors).

The new Cybersecurity Strategy 2022-2026 aims to improve effective mechanism for responding to cyber incidents and response to cybercrime. The new strategy recognises the establishment of a new body Cyber Security Agency which will be umbrella institution when it comes to cyber security. The CIRT team will be transferred to the new Agency. The 2018-2021 Cybersecurity Strategy explicitly establishes a “reliance” on European and Euro-Atlantic conceptualisations of cybersecurity and resilience. The Strategy points to the EU’s 2016 NIS Directive as the primary source of inspiration, notably in its requirements for the adoption of a national cybersecurity strategy, the definition of relevant authorities, and the creation of a Computer Incident Response Team (CIRT). Indeed, since 2012, the Montenegrin CIRT represents “a central point for coordinating prevention and protection against computer security incidents on the Internet and other IT security risk for the area of Montenegro”. The Strategy also features a dedicated section on cyber defence, highlighting the country’s alignment with NATO targets (E 6202 N). In expanding cyber defence capabilities, the document notes that “special attention will be paid to harmonisation with regard to the standardisation of concepts, methods, policies, and procedures in line with the accepted European and international standards”. It also pledges the country to a set of goals: (1) definition and protection of critical information infrastructure; (2) strengthening the resilience of information systems to incidents; and (3) performing analysis of threats to IT infrastructure. Montenegro completed a bilateral ICT cooperation agreement with Thailand in 2013, while it is also a member of the CAMP initiative, the platform where members “prepare themselves with collective actions to keep cyberspace safe” through training, joint exercises, and dialogues.

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.

The March 2021 Interim National Security Strategic Guidance states that “[the US] will make cybersecurity a top priority, strengthening our capability, readiness, and resilience in cyberspace.” Following the recommendations of the 2020 Solarium Commission, the US government has adopted the concept of ‘layered resilience’ and is gradually rolling out a comprehensive arsenal of resilience measures across a variety of domains. 
The US has been active in engaging in strategically-minded capacity building with partners; US capacity building in Africa with organisations such as the African Union and SADC, for instance, have been largely motivated by Washington’s wish to promote an open, secure, and democratic model for Internet governance across the African continent. 
In relation to cyber defence, there have been several joint operations and military exercises, both bilaterally (e.g. between the US Cyber Command and the Montenegrin military) and under the auspices of NATO. Recent regional engagement efforts such as the dialogues in the context of the tripartite AUKUS coalition and the Structured Quadrilateral Security Dialogue (the eponymous Quad) also heavily feature references to collaborative cyber-capacity building. In multilateral fora, the US has also welcomed the inclusion of confidence-building measures in the GGE reports and noted that, in order for CBMs to be useful, they need to be implemented at minimum on a bilateral basis and preferably on a multilateral and eventually an international basis.

Montenegro is a party to the Council of Europe-sponsored Budapest Convention, ratifying it in 2010. In February 2013, Montenegro signed the regional Declaration on Strategic Priorities against Cybercrime, which “identified strategic priorities” that largely reflect the spirit and content of the Budapest provisions. [x] The 2018-2021 Strategy lists several developments that have contributed towards strengthening the capabilities of law enforcement authorities in dealing with cybercrime: these include the establishment of a dedicated High-Tech Crime Group within the Ministry of Interior, while the National Security Agency is making “significant efforts aimed at creating normative and operational mechanisms for fighting against cybercrime and espionage”. [x]

Many thanks to Ms Ana Minevski for her valuable comments.

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.

The US is a signatory and an early proponent of the Budapest Convention. A big part of American cyber diplomatic activity has, in fact, been focused on promoting the Budapest regime as the global model of cybercrime governance. In 2019, the US firmly opposed the Russian-sponsored resolution calling for an alternative legal instrument to the Convention; following the passing of the resolution, however, the US has agreed to participate in the Ad Hoc Committee established under UNGA resolution 74/247 despite the fact that the “surprise text” within the May 2021 resolution was seen as an effort to “circumvent dialogue” and undermine the “balanced, inclusive, consensus-based process” sought by the US. 
On a multilateral level, the US is also a party to the UN Convention against Transnational Organised Crime (UNTOC) and the Inter-American Convention on Mutual Legal Assistance of the Organisation of American States (OAS) and is a member of Interpol. 
Bilaterally, the US has completed an agreement with the UK under the CLOUD Act that facilitates cross-border data sharing directly between US companies and the British government; the US is trying to expand this type of bilateral engagement, currently negotiating a similar agreement with Australia.