Can the United Nations Improve Cybersecurity?
The 2012-2013 Report from the Group of Governmental Experts (GGE) recommended “regular institutional dialogue with broad participation under the auspices of the United Nations, as well as regular dialogue through bilateral, regional and multilateral forums, and other international organizations.”
In typical UN fashion, the sentence attempts to please a number of constituencies without saying very much. First, it appeals to the United States and its allies by referring to “broad participation” and regular dialogue in venues outside the UN system.
Second, it appeals to Russia, China, India, Brazil, and others that would like to see the UN take a more central role in cyber matters, not only on issues related to international peace and security, but when they are related to broader issues like Internet governance.
Despite reaching a consensus on the need to talk more, the current GGE group will continue to argue over the appropriate place of the UN in discussions about cyber activity that can undermine international peace and security. The GGE will have two options to consider: status quo or something new.
While the GGE process has been instrumental in promoting the norm that international law applies to state behavior in cyberspace, the model is not sustainable for two reasons. First, GGEs have to be periodically renewed by the UN General Assembly, a process that can be upheld by politicking, deal-trading on unrelated issues, and pressures on the UN budget.
Second, the cyber GGEs are limited to a small number of states, five of which have always been the permanent members of the UN Security Council, and the membership changes every time a new GGE is created.
The UN’s role in the military dimensions of cyberspace is likely to become a bargaining chip. While Russia and China may not push for a new UN cyber committee, middle income and developing countries in the current GGE such as Brazil, Kenya, Malaysia, and others may find it appealing as a way to develop expertise on the topic and could want to see a recommendation for a new group in the GGE’s report.
The United States, which is comfortable with the status quo approach, will likely resist such a move unless it can obtain some concessions in return.