36
Dictating the Internet:
The Joint Declaration further emphasized that “cutting off access
to the internet, or parts of the internet, for entire populations or segments
of the public … can never be justified, including on public order or national
security grounds”.100 In the 2015 Joint Declaration, they re-emphasized
that “using communications ‘kill switches’ (i.e. shutting down entire parts
of communications systems)… are measures which can never be justified
under human rights law”.101 Internet shutdowns have also been condemned
as violations of international human rights law by the FOC in its 2017 Joint
Statement on State Sponsored Network Disruptions.102
x. Other efforts to develop international normative standards
governing cyberspace
While preceding sections of this report have looked at treaty and
non-treaty based guidance on applying international legal standards to
the online sphere, this section considers other multi-lateral initiatives led
by States, policy “think-tanks”, international organizations and private ICT
sector companies which have proposed international standards to govern
cyberspace – including standards to ensure cybersecurity, through protections
for information security online and against cyber-attacks.
Such multi-lateral efforts have lacked adequate grounding in
international human rights law and standards and are limited as they
do not have the status of international instruments. These include the
Shanghai Cooperation Organization’s (SCO) International Code of Conduct
on Information Security, the Paris Call for Trust and Security in Cyberspace,
the Global Commission on the Stability of Cyberspace, the Global Forum on
Cyber Expertise and the Freedom Online Coalition’s (FOC) Working Group on
‘An Internet Free and Secure’.103 The SCO International Code of Conduct on
100
101
102
103
id=17671&user_id=3f72f2845ba8594bb0e4459957511f9b®i_id=87913927ion=longRead;
Human Rights Watch, ‘Kashmir Shutdown Raises Healthcare Concerns’, 30 August 2019, Available
at: https://www.hrw.org/news/2019/08/30/kashmir-shutdown-raises-healthcare-concerns
Joint Declaration on Freedom of Expression and the Internet, para 6b, also clarifying that “The
same applies to slow-downs imposed on the Internet or parts of the Internet”.
Joint Declaration on Freedom of Expression and Responses to Conflict Situations, para 4c.
Freedom Online Coalition, ‘Joint Statement on State Sponsored Network Disruptions’, March 2017,
Available at: https://www.freedomonlinecoalition.com/wp-content/uploads/2017/03/FOC-JointStatement-on-State-Sponsored-Network-Disruptions.pdf
France Diplomatie, ‘Cybersecurity: Paris Call of 12 November 2018 for Trust and Security in
Cyberspace’, November 2018, Available at: https://www.diplomatie.gouv.fr/en/french-foreignpolicy/digital-diplomacy/france-and-cyber-security/article/cybersecurity-paris-call-of-12november-2018-for-trust-and-security-in; Global Commission on the Stability of Cyberspace,
‘Global Commission Introduces Six Critical Norms Towards Cyber Stability’, 8 November 2018,
Available at: https://cyberstability.org/news/global-commission-introduces-six-critical-normstowards-cyber-stability/; See updated draft of SCO International code of conduct for information
security submitted in January 2015 to the UN Secretary-General, ‘Letter dated 9 January 2015
from the Permanent Representatives of China, Kazakhstan, Kyrgyzstan, the Russian Federation,