Sec. 2. Findings
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Congress makes the following findings: The stated goal of the United States International Strategy for Cyberspace, launched on May 16, 2011, is to work internationally to promote an open, interoperable, secure, and reliable information and communications infrastructure that supports international trade and commerce, strengthens international security, and fosters free expression and innovation … in which norms of responsible behavior guide states' actions, sustain partnerships, and support the rule of law in cyberspace .
In its June 24, 2013 report, the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (referred to in this section as GGE ), established by the United Nations General Assembly, concluded that State sovereignty and the international norms and principles that flow from it apply to States' conduct of [information and communications technology] ICT-related activities and to their jurisdiction over ICT infrastructure with their territory .
In January 2015, China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan proposed a troubling international code of conduct for information security, which could be used as a pretext for restricting political dissent, and includes curbing the dissemination of information that incites terrorism, separatism or extremism or that inflames hatred on ethnic, racial or religious grounds . In its July 22, 2015 consensus report, GGE found that norms of responsible State behavior can reduce risks to international peace, security and stability .
On September 25, 2015, the United States and China announced a commitment that neither country's government will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors . At the Antalya Summit on November 15 and 16, 2015, the Group of 20 Leaders’ communiqué— affirmed the applicability of international law to state behavior in cyberspace; called on states to refrain from cyber-enabled theft of intellectual property for commercial gain; and endorsed the view that all states should abide by norms of responsible behavior.
The March 2016 Department of State International Cyberspace Policy Strategy noted that the Department of State anticipates a continued increase and expansion of our cyber-focused diplomatic efforts for the foreseeable future . On December 1, 2016, the Commission on Enhancing National Cybersecurity, which was established within the Department of Commerce by Executive Order 13718 (81 Fed. Reg. 7441), recommended that the President should appoint an Ambassador for Cybersecurity to lead U.S. engagement with the international community on cybersecurity strategies, standards, and practices .
On April 11, 2017, the 2017 Group of 7 Declaration on Responsible States Behavior in Cyberspace— recognized the urgent necessity of increased international cooperation to promote security and stability in cyberspace ; expressed commitment to promoting a strategic framework for conflict prevention, cooperation and stability in cyberspace, consisting of the recognition of the applicability of existing international law to State behavior in cyberspace, the promotion of voluntary, non-binding norms of responsible State behavior during peacetime, and the development and the implementation of practical cyber confidence building measures
(CBMs)between States ; and reaffirmed that the same rights that people have offline must also be protected online . In testimony before the Select Committee on Intelligence of the Senate on May 11, 2017, Director of National Intelligence Daniel R. Coats identified 6 cyber threat actors, including— Russia, for efforts to influence the 2016 US election ; China, for actively targeting the US Government, its allies, and US companies for cyber espionage ; Iran, for leverag[ing] cyber espionage, propaganda, and attacks to support its security priorities, influence events and foreign perceptions, and counter threats ; North Korea, for previously conduct[ing] cyber-attacks against US commercial entities—specifically, Sony Pictures Entertainment in 2014 ; terrorists, who use the Internet to organize, recruit, spread propaganda, raise funds, collect intelligence, inspire action by followers, and coordinate operations ; and criminals, who are also developing and using sophisticated cyber tools for a variety of purposes including theft, extortion, and facilitation of other criminal activities . On May 11, 2017, President Donald J. Trump issued Executive Order 13800 (82 Fed. Reg. 22391), entitled Strengthening the Cybersecurity of Federal Networks and Infrastructure , which— designates the Secretary of State to lead an interagency effort to develop an engagement strategy for international cooperation in cybersecurity; and notes that the United States is especially dependent on a globally secure and resilient internet and must work with allies and other partners toward maintaining … the policy of the executive branch to promote an open, interoperable, reliable, and secure internet that fosters efficiency, innovation, communication, and economic prosperity, while respecting privacy and guarding against disruption, fraud, and theft .
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- 81 FR 7441
- 82 FR 22391
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Sec. 2
Findings
Fed. Reg.81 FR 7441
Fed. Reg.82 FR 22391
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