IGF 2022 WS #288 Cyber mercenaries: Perspectives and approaches from Asia

Organizer 1: Monica Ruiz, Microsoft
Organizer 2: Michael Karimian, Microsoft

Speaker 1: Klara Jordan, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Trisha Ray , Civil Society, Asia-Pacific Group
Speaker 3: Kaja Ciglic, Private Sector, Eastern European Group

Moderator

Monica Ruiz, Private Sector, Western European and Others Group (WEOG)

Online Moderator

Michael Karimian, Private Sector, Asia-Pacific Group

Rapporteur

Michael Karimian, Private Sector, Asia-Pacific Group

Format

Round Table - Circle - 60 Min

Policy Question(s)

• Though the challenge of cyber mercenaries is a global one, Asia in particular has not been in the spotlight for this issue. Countries such as India, Bangladesh and Sri Lanka are particularly affected by these groups. What are recent examples where tools developed by cyber mercenaries have affected individuals in Asia, and what have been contributions of different sectors to mitigate these effects of cyber mercenaries?
• This rapidly expanding market has the potential to undermine the security and stability of our online environment, and also poses significant challenges to human rights. What is the role of Asia’s multistakeholder communities in limiting the impacts of cyber mercenaries? What principles should be established?
• Given the opaque nature of this market, the information regarding the relationship between companies that develop and sell cyber-capabilities and their clients is limited. To address this, it is vital to mandate greater transparency and oversight of their business practices. What are ways the broader multistakeholder community could help in gaining greater transparency in this market?

Connection with previous Messages: • These issues, and the proposed session, connect with a number of messages from IGF 2021, including but not limited to:
o “Access to the open Internet is key for bridging the digital divide, as well as fostering democracy and human rights.”
o The “necessity to strengthen the multistakeholder approach, in order to be truly inclusive and to develop effective policies that respond to the needs of citizens, build trust and meet the demands of the rapidly changing global digital environment.”
o “The development and implementation of cyber norms should include the views of all stakeholders (including victims, first responders, and frontline defenders) and address meaningfully their needs and responsibilities. Processes need to be based on research and analysis which include these communities.”

SDGs

16.3


Targets: • SDG 16.3 promotes the rule of law at the national and international levels and ensures equal access to justice for all. This goal supports Article 12 of the Universal Declaration of Human Rights which states that no one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon their honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

• SDG 16.10 ensures public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. This goal supports Article 19.1 of the International Covenant on Civil and Political Rights which states that everyone, including journalists, human rights defenders and political opponents shall have the right to hold opinions without interference, and 19.2 which states that everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

• Finally, SDGs 16.10, and 16.b, which promotes and enforces non- discriminatory laws and policies for sustainable development, support Article 1 of the UN Declaration on Human Rights Defenders which state that everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.

Description:

Cyber mercenaries are a growing, but unacceptable global industry of companies which develop and sell tools, techniques and services that enable their clients, often governments, to break into networks, computers, phones and internet-connected devices. Under the false premise of promoting public safety, this rapidly expanding market is illegally undermining human rights by hacking the phones and computers of individuals conducting legitimate journalism, human rights monitoring, or expressing dissent or political opposition. Motivated by financial gain, these groups are also more likely to stockpile vulnerabilities and profit from them rather than report them to resolve a security issue, putting millions of individuals at risk in the process. The consequences and countermeasures of cyber mercenaries has received a lot of attention in some regions of the world, but not in Asia, the world’s leading region of internet users with nearly 2.8 billion individuals online and home to many countries with weak or flawed protection of human rights. Aligned with the “Connecting All People and Safeguarding Human Rights” theme of IFG, this session will focus on this pressing issue with the recognitions that a path forward can only be found through strong multistakeholder collaboration in Asia, and by Asian governments, companies and civil society participating in global norm development and implementation.

Expected Outcomes

• There have been ample warnings about cyber mercenaries. Despite that, the situation has deteriorated. A primary objective will be to learn from and explore this issue with the IGF community to find solutions that would address some of the gravest violations. Specifically, 1) how to gain greater transparency of this market in Asia, and particularly in countries such as India, Bangladesh and Sri Lanka, 2) what could the role of multistakeholder community be in mitigating the risks associated with these groups and 3) what are options beyond export controls.
• Since this is an ongoing issue of products and services on offer that are being used to spy on human rights defenders, journalists and other private citizens around the region and globally, this session will set the foundation for centralized collaboration among facilitators and participants. Since industry, academia and governments have a role to play in mitigating the risks posed by cyber mercenaries, finding partners to share lessons with and launch joint efforts will create a large ripple effect that builds awareness, momentum and accountability against these actors in Asia.

Hybrid Format: - How will you facilitate interaction between onsite and online speakers and attendees?
Per the IGF’s guidance, we will be sure to have both onsite and online moderators that will serve as facilitators for participation at the event. Moreover, we look forward to working with the IGF Secretariat (using the Official Online Participation Platform) and the Host Country to leverage the technical tools that will be available to host a successful hybrid discussion.

- How will you design the session to ensure the best possible experience for online and onsite participants?
This workshop session will be designed as an engaging panel discussion with experts that represent different sectors and regions. To ensure the best possible experience for online and onsite participants, it will begin with insights from the speakers and then open up to questions from attendees onsite and online. To add to the experience, we will be sure to share information about this workshop with our networks, and also ask speakers to promote it, to gather as much diverse participation from across sectors and relevant communities.

- Please note any complementary online tools/platforms you plan to use to increase participation and interaction during the session.
To increase participation and interaction during the session, we will leverage the tools available and use the online chat function/ “Raise Hand” feature, so everyone can see audience questions and can input insights/ inquiries throughout.

Online Participation



Usage of IGF Official Tool.