Good proposal --- I read the proposal by Microsoft on developing a “Digital Geneva Convention” (https://blogs.microsoft.com/on-the-issues/2017/02/14/need-digital-geneva-convention/). I understand that it is controversial that a major service provider wants to enter the game of humanitarian protection. It can easily be argued that the company wants to protect its business interests. It can also be politically problematic that private companies have a say in determining that one state attacked another. However, the proposal has interesting elements though. The best aspect is that it is a call to governments to enhance the protection of civilians online. Here are my main takeaways: -Microsoft recognizes the need to protect civilians from nation-state cyberattacks. -Acknowledges tech companies are key players (as they produce, operate, manage and secure the cyberspace) and encourage them to act with neutrality.<br /> -Among the calls to governments it makes, the most relevant for building a peaceful cyber space are the following: • Exercising restraint in developing cyber weapons and ensure that any developed are limited, precise, and not reusable • Commit to nonproliferation activities to cyberweapons • Limit offensive operation to avoid a mass event -State cyber-attacks against civilians require a first response by tech companies, because their provided services are the ones under attack. The most interesting part of Microsoft’s proposal is the creation of a regulating organization: “[…]the world needs an organization that can address cyber threats in a manner like the role played by the International Atomic Energy Agency in the field of nuclear non-proliferation. This organization should consist of technical experts from across governments, the private sector, academia and civil society with the capability to examine specific attacks and share the evidence showing that a given attack was by a specific nation-state. Only then will nation-states know that if they violate the rules, the world will learn about it.” Such an organization would be ideal. It is very positive that big tech companies are engaged in that conversation. Nevertheless, they have to prove that they are honest players who could make neutral and fair contributions if they want to play a more significant role in “cyber humanitarian law” and the eventual international organization that would deal with it.

Source author: Juan Feliciano Ascencio Moctezuma jascencio@sre.gob.mx