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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.
In October 2021, North Macedonia became one of the first countries among the Western Balkans partners to issue a digital ID to its citizens [x]; the deployment of the digital identity project is only indicative of the country’s turn towards digitalisation and e-government. With a total population of about 2.08 million, Internet penetration in North Macedonia stands at 84%, while data shows that there are about 2.25 million cellular mobile connections. [x] The rapid drive towards digitalisation, but also its accompanying risks and vulnerabilities, are accounted for by the 2022 Cybersecurity Strategy, the country’s first comprehensive cybersecurity strategy. The document largely reflects the country’s European ambitions and is explicitly based on the “principles of the Cybersecurity Strategy of the European Union and the NATO Cyber Defence Pledge”.
As of 2020, 86 % of Uruguayans are active internet users, second in South America, only behind Chile. 9 out of 10 individuals in Uruguay are social media users. This provides a fabric for efficient digital policies and strategies that have transformed Uruguay since the 2010s. Uruguay is ranked first in Latin America and 35th place in the world on Digital Government Development, according to the UNDESA index, which measures dimensions related to technological infrastructure, availability of online services, and ability of citizens to take advantage of those resources. Uruguay also ranks first in Latin America and 42nd in the world on ICT Development, according to the 2017 IDI, published by the International Telecommunications Union. In all, this South American country has positioned itself at the forefront as a regional and world benchmark in Digital Government.
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, recalling its candidate status, North Macedonia aligned 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] North Macedonia 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. As a member state of the UNGA, Uruguay expressed their views at the OEWG in 2021, considering cybersecurity an essential element in the prevention of international conflicts. Uruguay provides a rather humanitarian approach to international law and its application on cyber issues. The country is a member of international organisations that promote the development and compliance with standards of transparency and access to information, such as the Open Government Partnership, the Electronic Government Network of Latin America and the Caribbean (GEALC) and Digital Nations.
Uruguay was the first Latin American country, in 2013, to sign the only existing binding, international document concerning the Automatic Processing of Personal Data (known as Convention 108). Its signature and membership have been ratified in 2021.
Uruguay’s Digital initiatives at the national level are also in compliance with the Digital Agenda for Latin America and the Caribbean (eLAC by CEPAL). In particular, Uruguay’s Cybersecurity goal is in line with CEPAL’s framework for confidence-building measures such as combating digital crime by formulating public policies and strategies for cybersecurity and critical infrastructure protection.
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, recalling its candidate status, North Macedonia aligned 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] North Macedonia 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. As a member state of the UNGA, Uruguay expressed their views at the OEWG in 2021, considering cybersecurity an essential element in the prevention of international conflicts. Uruguay provides a rather humanitarian approach to international law and its application on cyber issues. The country is a member of international organisations that promote the development and compliance with standards of transparency and access to information, such as the Open Government Partnership, the Electronic Government Network of Latin America and the Caribbean (GEALC) and Digital Nations.
Uruguay was the first Latin American country, in 2013, to sign the only existing binding, international document concerning the Automatic Processing of Personal Data (known as Convention 108). Its signature and membership have been ratified in 2021.
Uruguay’s Digital initiatives at the national level are also in compliance with the Digital Agenda for Latin America and the Caribbean (eLAC by CEPAL). In particular, Uruguay’s Cybersecurity goal is in line with CEPAL’s framework for confidence-building measures such as combating digital crime by formulating public policies and strategies for cybersecurity and critical infrastructure protection.
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). At the first substantive session of the 2021-2025 UNGGE, North Macedonia 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]. North Macedonia was also the only EU candidate country to have co-sponsored the 2020 Programme of Action (PoA), which explored the possibility of ending the dual-track discussions (UNGGE/OEWG) in favour of a permanent UN forum. Uruguay is a represented member in the Group of Governmental Experts (GGE) on Advancing responsible State behaviour in cyberspace. The South American country has openly stated that the voluntary norms included in the Report of the Group of Experts (GGE) represent an inescapable guide for the responsible behaviour of States in cyberspace. In session 5 of the second substantive session of the OEWG 2021-2025, Uruguay along with seven other States pointed out the importance of the protection of critical infrastructure, according to norm 13(f).
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). At the first substantive session of the 2021-2025 UNGGE, North Macedonia 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]. North Macedonia was also the only EU candidate country to have co-sponsored the 2020 Programme of Action (PoA), which explored the possibility of ending the dual-track discussions (UNGGE/OEWG) in favour of a permanent UN forum. Uruguay is a represented member in the Group of Governmental Experts (GGE) on Advancing responsible State behaviour in cyberspace. The South American country has openly stated that the voluntary norms included in the Report of the Group of Experts (GGE) represent an inescapable guide for the responsible behaviour of States in cyberspace. In session 5 of the second substantive session of the OEWG 2021-2025, Uruguay along with seven other States pointed out the importance of the protection of critical infrastructure, according to norm 13(f).
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. The 2018-2022 Cybersecurity Strategy dedicates a full section to cyber resilience and the protection of ICT infrastructure. The stated objectives include expanding the capabilities of the national CERT (MKD-CIRT), identifying types of critical infrastructure, developing national procedures for cyber crisis management, developing incident reporting and monitoring mechanisms, and establishing a single and comprehensive legal framework for cyber resilience. In 2021, upon joining NATO, North Macedonia signed a Memorandum of Understanding aiming at enhancing cyber defence cooperation between NATO and the country’s defence authorities; the MoU particularly focuses on information-sharing, exchanging best practices, and increasing resilience. [x] Objective 10 of Uruguay’s Digital Agenda for 2025 provides a clear guideline for resilience measures in cybersecurity and ICT. Uruguay is focused on enhancing cybersecurity to prevent and mitigate risks in cyberspace, advancing compliance with the national cyber-security framework, based on public-private cooperation and ensuring the availability of critical information assets. Uruguay intends to achieve this goal by improving efficiency in detecting and responding to cyber incidents by implementing new technologies that allow for predictive analytics and response automation, among others.
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. The 2018-2022 Cybersecurity Strategy dedicates a full section to cyber resilience and the protection of ICT infrastructure. The stated objectives include expanding the capabilities of the national CERT (MKD-CIRT), identifying types of critical infrastructure, developing national procedures for cyber crisis management, developing incident reporting and monitoring mechanisms, and establishing a single and comprehensive legal framework for cyber resilience. In 2021, upon joining NATO, North Macedonia signed a Memorandum of Understanding aiming at enhancing cyber defence cooperation between NATO and the country’s defence authorities; the MoU particularly focuses on information-sharing, exchanging best practices, and increasing resilience. [x] Objective 10 of Uruguay’s Digital Agenda for 2025 provides a clear guideline for resilience measures in cybersecurity and ICT. Uruguay is focused on enhancing cybersecurity to prevent and mitigate risks in cyberspace, advancing compliance with the national cyber-security framework, based on public-private cooperation and ensuring the availability of critical information assets. Uruguay intends to achieve this goal by improving efficiency in detecting and responding to cyber incidents by implementing new technologies that allow for predictive analytics and response automation, among others.
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. North Macedonia has ratified the Budapest Convention and its Additional Protocol [x]. Nevertheless, full harmonisation of the Macedonian legal regime with Budapest provisions is still a primary issue. In terms of institutional setup, analysis has pointed out that North Macedonia is lagging behind compared to other countries in the Western Balkans [x]. That said, the 2018-2022 Cybersecurity Strategy identifies several priorities regarding the “prevention, research, and adequate response” to cybercrime. These include: harmonising the national with international policies; developing a single, comprehensive legal framework for cybercrime; modernising authorities in charge of cybercrime; establishing formal procedures of information exchange; participating actively in the creation of international cybercrime regulations and standards, as well as their implementation on a national level; and providing continuous education and training for law enforcement entities in the field of cybersecurity, cybercrime, and electronic evidence. The country’s law enforcement authorities regularly cooperate with Europol, following the conclusion of a strategic agreement in 2007 and an operational agreement in 2011. [x] Uruguay is not a signatory State of the Budapest Convention on Cybercrime, cooperating in international affairs outside of the framework established by the Council of Europe. However, it has a relatively low rate of cybercrime compared to other countries in the region, staking its position as one of the most advanced countries in Latin America and the Caribbean in terms of cybersecurity. Much of its success relies on the Cybersecurity Framework published in 2021, which is allowing Uruguay to start using artificial intelligence to automate incident response and pattern detection, as well as incorporating data analytics to make projections and anticipate incidents.
Regarding Data Protection, Uruguay has adapted its national framework to the European GDPR, despite its latest Data Protection Law dating back to 2008.
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. North Macedonia has ratified the Budapest Convention and its Additional Protocol [x]. Nevertheless, full harmonisation of the Macedonian legal regime with Budapest provisions is still a primary issue. In terms of institutional setup, analysis has pointed out that North Macedonia is lagging behind compared to other countries in the Western Balkans [x]. That said, the 2018-2022 Cybersecurity Strategy identifies several priorities regarding the “prevention, research, and adequate response” to cybercrime. These include: harmonising the national with international policies; developing a single, comprehensive legal framework for cybercrime; modernising authorities in charge of cybercrime; establishing formal procedures of information exchange; participating actively in the creation of international cybercrime regulations and standards, as well as their implementation on a national level; and providing continuous education and training for law enforcement entities in the field of cybersecurity, cybercrime, and electronic evidence. The country’s law enforcement authorities regularly cooperate with Europol, following the conclusion of a strategic agreement in 2007 and an operational agreement in 2011. [x] Uruguay is not a signatory State of the Budapest Convention on Cybercrime, cooperating in international affairs outside of the framework established by the Council of Europe. However, it has a relatively low rate of cybercrime compared to other countries in the region, staking its position as one of the most advanced countries in Latin America and the Caribbean in terms of cybersecurity. Much of its success relies on the Cybersecurity Framework published in 2021, which is allowing Uruguay to start using artificial intelligence to automate incident response and pattern detection, as well as incorporating data analytics to make projections and anticipate incidents.
Regarding Data Protection, Uruguay has adapted its national framework to the European GDPR, despite its latest Data Protection Law dating back to 2008.
