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Электронное приложение к журналу «
Международная жизнь
»
Author : A. Streltsov
Professor, Deputy Director, Information Security Institute of M.V Lomonosov Moscow State University,
Doctor of Science (Technology), Doctor of Science (Law)
ONE OF TODAY'S KEY GLOBAL PROBLEMS is
a risk of malevolent or hostile political use of infor-
mation and communication technology (ICT) by some
states with consequent threats to international peace
and security. This risk has been addressed by the Russ-
ian president,1 the leaders of other nations, and the
United Nations Group of Governmental Experts on
Developments in the Field of Information and
Telecommunications in the Context of International
Security (GGE).
The GGE's point that international law is applicable to the global ICT environment implies an
important political task for the international community. It is, however, a problem to which no
acceptable solution has been found yet despite numerous studies of various aspects of it.
This article examines key issues of application of international law to activities by governments
in the ICT environment and to attempts to settle international disputes that may arise in this en-
vironment by peaceful means.
To minimize risks of erroneous classification of incidents in the ICT environment and to identify
nongovernmental hostile users of ICTs, one might suggest setting up a system of objectivization
and attribution of dangerous incidents in the ICT environment.
The article also puts forward suggestions for revisions of international law to consolidate the
sovereignty of states in the ICT environment and enable them to unrestrictedly exercise their
jurisdiction in this environment as a necessary condition for international security and peace.
SOVEREIGNTY in the ICT environment is an important aspect of the general sovereignty of
a state. It lays the basis for a state's jurisdiction in the telecommunications and information en-
vironments. The jurisdiction of states in the ICT environment is partly based on international
legal custom, which, in a period of international tension, may endanger the security and inde-
pendence of a country.
Threats to international peace and security because of the increasing risk of hostile use of ICTs
by some states against others can be reduced by greater international determination to follow
the GGE's recommendations for "norms, rules or principles of responsible behaviour of States
aimed at promoting an open, secure, stable, accessible and peaceful ICT environment"37 and
by new more effective international legislation.
State Sovereignty and Jurisdiction in the Context of International In-
formation Security