China’s proposal for global cooperation on cyberspace

By XU KE / 09-27-2017 / (Chinese Social Sciences Today)

 
 

China’s cooperation strategy proposes a new model based on the idea of a community of shared destiny in cyberspace.


China released its official International Strategy of Cooperation on Cyberspace on March 1. The cooperation strategy comprehensively analyzes the opportunities and challenges facing global cyberspace. It advocates the principles of peace, sovereignty, shared governance and shared benefits in international exchange and cooperation in cyberspace.


The strategic goal of China’s participation in international cyberspace cooperation is to safeguard sovereignty and security, develop a system of international rules, promote fair internet governance, protect the legitimate rights and interests of citizens, promote cooperation on digital economy, and build platforms for cyber-cultural exchange.


Based on these principles and strategic goals, the strategy establishes nine action plans in nine specific domains for promoting international cooperation on cyberspace. The cooperation strategy is the first strategic document for guiding China’s participation in international exchange and cooperation in cyberspace.

 

Shared destiny in cyberspace
The idea of “a community of shared destiny in cyberspace” is the essence of the cooperation strategy. In a speech at the second World Internet Conference on Dec. 16, 2015, Chinese President Xi Jinping remarked: “Cyberspace is the common space of activities for mankind. The future of cyberspace should be in the hands of all countries. Countries should step up communications, broaden consensus and deepen cooperation to jointly build a community of shared future in cyberspace.”


The word “community” used in the document reflects the connectivity and interactivity of cyberspace. “Destiny” refers to the great challenges facing cyberspace today. Meanwhile, the “community of shared destiny in cyberspace” is also an application and development of China’s idea of “community of shared destiny for humanity” in cyberspace.


The idea of “a community of shared destiny for humanity” was first proposed by Xi at the annual conference of the Boao Forum for Asia in 2015. Xi later systematically articulated this idea at the annual high-level general debate of the 70th session of the United Nations General Assembly at the UN headquarters in New York in September 2015.


In 2017, The Commission for Social Development under the UN Economic and Social Council included this idea into its resolution on the Social Aspects of the Development of New Partnerships in Africa, which shows the concept’s universal appeal.


The idea of a “community of shared destiny for humanity” upholds the idea that all the nations in the world must coexist through interdependence, sharing both weal and woe. Depending on and supported by the purposes and principles of the UN Charter, the idea of “community of shared destiny for humanity” aims to establish cooperation and mutually beneficial situation as the key elements of the new model of international relations.


In line with this idea, a community of shared destiny in cyberspace also grants every nation the right to jointly govern the international cyberspace with equal position, which lays a foundation for a multilateral, democratic and transparent international system of governance on cyberspace.


In a broader sense, the “community of shared destiny in cyberspace” has replaced the controversial theory of “global commons” in cyberspace governance. China’s idea of “community of shared destiny in cyberspace” absorbs the philosophy of “common concerns of mankind” from the international environmental laws and establishes a balance between the respect for the sovereignty of every nation and the guiding value of joint governance. This idea could be a fundamental principle for international cooperation on cyberspace.

 

Cyberspace sovereignty
Sovereignty equality is a basic principle of modern international relations as well as the foundation for international cooperation in cyberspace. At the second World Internet Conference, Xi emphasized that respect for cyberspace sovereignty is one of the four core principles of the international system of cyberspace governance.


In the International Code of Conduct for Information Security submitted by several member countries of the Shanghai Cooperation Organization to the UN General Assembly session in 2011 and the revised edition in 2015, decisions on internet policies were determined to be part of the sovereignty of a nation.


The first article of China-Russia Joint Statement on Cooperation in Information Space Development announced that the two nations will jointly respect every country’s cyberspace sovereignty and oppose infringements thereof. It is obvious that internet sovereignty has become a guiding principle for China to tackle matters related to internet.


Upholding internet sovereignty does not conflict with advocacy of a community of shared destiny in cyberspace. As a concept closely related to the idea of the nation-state, sovereignty has evolved over time. The old idea of sovereignty as an absolute and exclusive right has become outdated. Equal sovereignty cooperation has become the core of modern sovereignty.
Based on this, there is no doubt that internet sovereignty refers to the supreme power of a nation to be in charge of its domestic affairs, which is also known as vertical sovereignty. More importantly, it refers to a nation’s right to participate in joint governance of international cyberspace, which is part of horizontal sovereignty.


Vertical sovereignty means that a nation has the right to independently determine the way it develops and regulates the internet. A nation has the right to make public policies and laws regulating internet development within its territory as well as the duties of not conducting or supporting activities that infringe on the cyber security of other nations.


Horizontal sovereignty means that every nation enjoys the equal right to participate in cyberspace issues that affect their substantial interests. In accordance with Article 1 of the UN Charter and Declaration on Principles of International Law concerning Friendly Relations and Cooperation Among States in Accordance with the UN Charter, all countries should conduct good faith cooperation by all means possible. A nation should utilize internet facilities, technology and information in a fair and reasonable way, keeping within limits the internet hegemony and bridging the digital gaps between the central and the marginal nations.

 

Goals, vision
The cooperation strategy is the implementation and extension of China’s National Cyberspace Security Strategy released in December last year. Hence, cyber security is the primary concern of cooperation strategy. Xi articulated the idea of “overall national security” at a national security seminar in Beijing in April 2014. This idea requires the holistic consideration and comprehension of security in political, economic, military and other areas by integrating them into an organic whole. Against this backdrop, cybersecurity in China has broader connotations than it does in Western countries. It means the security of internet data and system as well as social security affected by the internet. In this way, cyberspace can be protected from any dangers and threats, both domestic and foreign.


Though the two are closely related, security and peace have subtle but significant differences. Unlike the West, which seeks to militarize cyberspace for the sake of safety, China has always objected to resorting to force in cyberspace. As we can see, peace is the first principle in China’s cooperation strategy in cyberspace, which urges the international community to refrain from using or threatening to use force and to settle disputes peacefully.


However, considering the complicated situation in cyberspace today, the cooperation strategy proposes to enhance China’s defense capability in cyberspace, which complies with the nation’s strategic guideline of active defense. The strategy also requires China to enhance capabilities in terms of situational awareness, cyber defense, supporting state activities and participating in international cooperation, to safeguard cyberspace security.


Security is dynamic and temporary. In the long run, development is the ultimate guarantee for security. The cooperation strategy states that security guarantees development, and development enhances security. China will not constrain momentum, openness or innovation in pursuit of absolute security, according to the document.


In contrast to the multi-stakeholder governance model in cyberspace in Western nations, the cooperation strategy proposes a new model based on the idea of a community of shared destiny in cyberspace. The model upholds the multilateral mechanism based on internet sovereignty. The document states that all equal members of the international community are entitled to equal participation in developing the international order and rules in cyberspace through international governance mechanisms and platforms to ensure that the future development of cyberspace is in the hands of all peoples.


At the same time, the document stresses the role of a multiparty sharing mechanism. All parties, including governments, international organizations, internet companies, technology communities, non-governmental institutions and individual citizens, should play their respective roles in building a comprehensive and multi-tiered governance platform.


As we can see, the cooperation strategy improves the multi-stakeholder governance model rather than simple negates it. Different from the pluralistic governance model advocated by the West and led by NGOs, the cooperation strategy proposes to establish a layered model that is led by the governments and participated by private sectors and non-governmental groups. In this way, the defects of the multi-stakeholder governance model in terms of effectiveness and representativeness can be rededicated.


Global governance of cyberspace cannot be achieved without international rules that are fair and just. The document states that China supports formulating universally accepted international rules and norms of state behavior in cyberspace within the framework of the United Nations, which will establish basic principles for states and other actors. China will continue to support and actively participate in the international rulemaking process and participate in the follow-up of the outcomes of the World Summit on the Information Society. Meanwhile, China will push for institutional reform of the UN Internet Governance Forum to enable it to play a greater role in internet governance and strengthen its decision-making capacity.

 

Xu Ke is from the Law School at Renmin University of China.