Re: [hrpc] ***SPAM**** Re: Censorship

[Eliot Lear <[e-mail]>]

On 15.03.22 20:56, Mallory Knodel wrote:
>
> We have already the Budapest Convention from the EC but it is old (22 
> years!) and has not-so-great bits (intellectual property gets 
> disproportionate treatment, etc). 

You suggested that a provocation "will have ramifications at the UN on 
the cybercrime treaty and any future hope of a cybersecurity treaty".  I 
presumed (and presume) you are referring to the ongoing activity in New 
York.  There is a fundamental presumption that Russia should be a party 
to such a treaty in the first place, and that the UN is the correct 
venue to establish such an instrument.  As you point out, the last one 
was established *not* by the UN but by the Council of Europe.  There is 
at least one other analogue in Africa.

Before he was Secretary of State, Anthony Blinken along with Dr. David 
Hagan argued for a different security arrangement involving a "league of 
democracies or a democratic network".[1]  My point is that your concern 
would be obviated if Russia isn't going to be a part of that, at least 
under their current regime, who views cyberattacks as a legitimate 
foreign policy instrument: Putin's not going to give that up.  And 
perhaps neither should the US in certain circumstances (e.g., Stuxnet).

On the other hand, there has been at least cooperation in NY between 
Russia and the US at the HLEG, so the administration is clearly at least 
willing to entertain some development of the ideas there.

> Cybercrime treaties are easier to create and "enforce" than 
> cybersecurity because their teeth are almost all incentives, not 
> punishments. Those incentives are expanded jurisdiction and increased 
> cooperation between law enforcement and intelligence agencies.

The fundamental assumption made is that there is agreement that 
cyberattacks are not legitimate.  See above.  But on the whole, tho, 
democracies don't attack one another and so incentives align well.

So... who would administer a blocklist?  It sounds very much like such a 
"league".

Eliot

[1] 
https://www.brookings.edu/blog/order-from-chaos/2019/01/04/america-first-is-only-making-the-world-worse-heres-a-better-approach/