Germany: Report on Developments in the Field of Information and Telecommunications in the Context of International Security (RES 69/28),

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1 Germany: Report on Developments in the Field of Information and Telecommunications in the Context of International Security (RES 69/28), General appreciation of the issues of information security Information and communication technologies offer unprecedented opportunities for economic growth and development, education, scientific exchange, effective governance and its democratic control, as well as for human contacts across the globe. At the same time, the Internet creates new challenges for human rights, for the fight against crime, and even for international security. These need to be managed. The trend continues towards hard-to-detect, sophisticated malicious activities using information and communication technologies and targeting high-value objectives. The motivation for such attacks varies: illicit profit-seeking, the search for information, or a quest for strategic advantages. Of particular concern are attempt to access critical assets, systems and infrastructures. They can have severe consequences for governments, the private sector and society. Recent months have also seen terrorists using the Internet no longer only for recruitment and propaganda purposes, but also for attacks on Western media. Offensive Cyber capabilities allow choosing time and vector for an attack. This gives them the advantage of surprise and concentration of the effort. Defence is more difficult, because it is reactive. The possibility to keep the origin and purpose of a cyber-attack highly unclear provides an incentive to the potential attacker and could mislead a defender. This introduces a degree of uncertainty into international relations which has the potential to be destabilizing. Nevertheless, an all-out cyber war seems unlikely at present. In fact, the term cyber war is inadequate and misleading. It implies an extensive, existential threat to a state solely through targeted attacks by other states on computer systems and IT networks, or through other actions in cyberspace. This seems unrealistic for the foreseeable future. A more likely scenario is the limited use of cyber capabilities as part of a larger warfighting effort. Cyberattacks in combination with conventional means of conflict can pose a substantial threat, for which we must prepare. Another scenario to consider is cyber incidents escalating into reallife conflict. There are things we can do to support international stability and security: We can try to agree rules for responsible state behaviour in cyberspace, we can engage in transparency and confidence building measures, particularly at regional level, and we can support cyber security capacity building, with a view to increasing resilience. Building on the agreement of the 2013 UN Group of Governmental Experts on Developments in the Field of Information and Telecommunications (GGE) that international law, and in particular the UN Charter, is applicable to cyberspace and is essential to maintaining peace and stability and promoting an open, secure, peaceful and accessible ICT environment, a new GGE is exploring further how international law is to be applied in cyber space. Germany s participation in all four Cyber-GGEs to date underlines the high priority it attaches to this process. Existing international law both below and above the threshold of the law on armed conflicts, supplemented by non-binding norms that define and shape expectations, should be the minimum baseline that guides responsible state behavior in cyberspace.

2 Transparency and confidence-building measures are of particular importance with regard to state behavior in cyberspace. The ongoing implementation of the transparency measures agreed in December 2013 by the Participating States of the Organization for Security and Cooperation in Europe needs to be complemented by additional steps, aiming beyond transparency at cooperation and stability. As part of its upcoming presidency of the OSCE, Germany plans to put a priority on cyber issues throughout the politico-military, economic and human dimensions. Similar work might usefully be undertaken in other regional organizations as well, and Germany is glad to have had the opportunity to contribute to discussions on cyber confidence building in UNASUR, the ARF, the OAS, the EADC and other forums around the world. Confidence is also built in bilateral formats. Germany entertains dialogues on cyber issues with a variety of partners, both formally and informally. International conferences, such as the Global Cyberspace Cooperation Summit organized by the EastWest Institute, which the German Foreign Office hosted in December 2014, also play an important role in this respect. An important element in information and telecommunications in the context of international security is cyber security capacity building. In the interest of cyber security capacity building, Germany proposes that states form bilateral and multilateral cooperation initiatives, building on established partnership relations. In Such initiatives could help improve the overall environment for effective mutual assistance between states in their response to cyber incidents. The United Nations could provide coordination and support, as required, and recommendations developed by competent International Organizations could be taken into account. The Global Forum on Cyber Expertise formed in April 2015 at the Hague Conference on Cyberspace is a step in this direction. Efforts taken at the national level In 1991, the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik, BSI) was established as the first and foremost central information technology security service provider for the Federal Government. In this function, BSI publishes mandatory minimum information technology security standards for the federal administration and serves as its central information technology incident reporting office. It also operates as a neutral office for consultation and support in the field of information technology security. Major achievements of the work done by the office were, for example, the Information Technology Security Management Standard (IT-Grundschutz) and the establishment in 1994 of a computer emergency response team for federal agencies (CERT- Bund) as a platform for incident handling and information exchange. Since 2006, a Citizen s Computer Emergency Response Team (Bürger-CERT), serves as a cyber-security partner to society as a whole and works on raising awareness.. BSI also issues warnings on malware and security vulnerabilities in information technology products and services, informs concerned parties (including information technology vendors and the general public), and recommends countermeasures. The 2005 National Plan for the Protection of Information Infrastructures, directed at both government and industry, was followed by the national Cyber Security Strategy, which the Federal Government adopted in February The Cyber Security Strategy proceeds from the assertion that the availability of cyberspace and the integrity, authenticity and confidentiality of data in cyberspace have become vital

3 questions of the 21st century. Ensuring cyber security has turned into a central challenge for the state, business, and society. The Strategy goes on to explain that ensuring cyber security requires efforts by the state both at the national level and in cooperation with international partners. Given the shared responsibilities of the state, industry, and society, the Cyber Strategy will only be successful if all stakeholders act as partners and fulfil their tasks together. The Cyber Security Strategy sets out the following objectives and measures: Protecting critical information infrastructures, Securing IT systems in Germany, Strengthening IT security in public administration, Running a national cyber response centre, Establishing a national cyber Security council, Effective crime control in cyberspace, Effective coordinated action to ensure cyber security in Europe and worldwide, Using reliable and trustworthy information technology, Personnel development in federal authorities, and Tools to respond to cyber-attacks. Since 2008, the German Government and German critical infrastructure operators have been cooperating in a public private partnership. This CIP Implementation Plan (UP KRITIS) maintains working groups for different aspects of cyber security, such as crisis management, exercises and availability of critical services. The National Information Technology Situation Centre (Nationales IT-Lagezentrum), operated by the BSI, keeps track of the national and global information technology security situation, in order to rapidly detect and analyze major information technology security incidents and recommend protective measures. In case of an information technology-related crisis, it expands its capacity and is transformed into the National Information Technology Crisis Reaction Centre (Nationales IT-Krisenreaktionszentrum). This center concentrates capabilities for handling information technology crises, covering all national aspects, including governmental networks and critical infrastructures. In keeping with the 2011 Cyber Security Strategy, all Government authorities that deal with cyber security issues work closely and directly with each other and with the private sector within the National Cyber Response Centre (Nationales Cyber-Abwehrzentrum), which is led and hosted by BSI. With regard to policy, the National Cyber Security Council (Nationaler Cyber- Sicherheitsrat) at the State Secretary level addresses key cyber security issues. This includes aspects of foreign, defense, economic and security policy. In support of this comprehensive policy, a platform for cooperation and information exchange was initiated in October 2012: The Alliance for Cyber Security (Allianz für Cybersicherheit) facilitates close cooperation between partners in the economic, academic and administrative fields and, in particular, with enterprises of special public interest. Following the German general election in the fall of 2013 and according to the political guidelines for the legislative period up to 2017, cyber security is high on the government agenda. Technology continues to be a key topic. Data privacy standards will be on the rise and businesses are well advised to closely monitor and assess them. Lead topics for the next four years include a variety of government commitments such as: adoption of an EU General Data Protection Regulation; better consumer protection by mandatory reports from software providers in case they become aware of malicious codes affecting users IT systems; measures

4 to better protect individuals against cyber mobbing, cyber grooming and phishing; the passing of an IT security law with mandatory minimum IT security standards for critical infrastructures in order to improve their resilience; mandatory reporting of security incidents to the Federal Office for Information Security; and the obligation of all federal authorities to invest 10 percent of their IT budget to improve the security of their systems. Military aspects of cyber security As military forces, too, increasingly rely on information technology to master ever more complex scenarios at all levels of command, the protection of the information and the means to process it has become a primary task. However, in military thinking, information security is challenged not only by a potential adversary, in an operational understanding, using weaponry for the physical destruction of information infrastructure, but also by irresponsible users, malfunctioning technology, criminals or simply accidents. Hence the efforts to be undertaken to establish a comprehensive risk management range from raising awareness of each single user and securing the trustworthiness of the supply chain for information technology, to responsive defenses to fend off cyber-attacks and establish an overall resilient information technology architecture. At an early stage, the German armed forces (Bundeswehr) established resilient command and control architectures, security techniques and procedures, and an information technologysecurity organization, encompassing all branches of the armed forces, and including an independent computer emergency response team with the capacity to intervene in case of critical disruptions to the operations of information technology. Adapting personal and technical abilities to the continually increasing level of threat is an ongoing task. They strongly support the strengthening of information security in the North Atlantic Treaty Organization (NATO) and the European Union. Cyber Security in EU and NATO A major project of the EU to enhance Cyber Security is the draft Directive on Network Information Security (NIS Directive, currently under deliberation in Council and European Parliament.) It aims for the creation of high and harmonized standards of network security in all Member States of the EU. Once the Directive will be adopted, every EU Member State will be obliged to safeguard minimum levels of network security, especially for critical infrastructure and to adopt NIS -laws obliging providers of critical infrastructure to report cyber attacks to the national NIS-Authorities to be created where they do not exist yet. The NIS Authorities will be cooperating amongst each and with the providers exchanging information on current cyber threats and in order to help each other in the fight against these threats. Germany is very much supporting the adoption of this Directive which will fit perfectly with the German IT-Security Law which is currently under deliberation in the German Parliament. European Union (EU) Common Security and Defence Policy (CSDP) implementation requires robust and resilient cyber defence capabilities to support CSDP structures and CSDP missions and operations. Germany has actively supported the development of the EU Cyber Defence Policy Framework as agreed by the Council on 18 November The Framework is designed to guide the development of cyber defence capabilities, made available by

5 Member States for the purposes of the CSDP as well as the protection of the European External Action Service (EEAS) ICT networks relevant to CSDP. It addresses the cyber dimension in training and exercises as well as civil-military cooperation and synergies with wider EU cyber policies. Germany is actively involved in relevant projects under the auspices of the European Defence Agency. Cyber security has been identified by NATO as one of the key emerging security challenges. The strategic concept adopted by Heads of State and Government at the NATO summit held in November 2010 in Lisbon, stated that cyber-attacks can reach a threshold that threatens national and Euro-Atlantic prosperity, security and stability. At the NATO Summit in Wales in September 2014, Heads of State and Government affirmed that cyber defence is part of NATO's core task of collective defence and endorsed the Enhanced NATO Policy on Cyber Defence which supersedes NATO s first cyber defence policy adopted in The enhanced policy recalls that the fundamental cyber defence responsibility of NATO is to defend its own networks, and that national cyber defence capabilities can be further enhanced through bilateral and multinational cooperation. It also recognized that international law applies in cyberspace. In September 2014 NATO also adopted a reviewed Cyber Defence Action Plan to implement the Enhanced NATO Policy on Cyber Defence. Germany welcomes the commitment of NATO regarding cyber security and actively supports these discussions.

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