Cyber Paradiplomacy: EU Efforts Countering Terrorist Use of ICT

Policy Brief - September 2020

Context to the Brief

• Issue: Terrorist groups and violent extremists are exploiting ICT to cause harm in both the digital and physical worlds which calls for concrete action and a framework to ensure respect for fundamental rights.[1]
• Method of Diplomacy: Cyber paradiplomacy: the use of diplomatic tools and the diplomatic mindset to resolve issues arising in cyberspace conducted by subnational or regional governments on their own, with a view to promoting their own interests.
• Case Study: The European Union.

Summary of findings

• European Union is leading the efforts to help coordinate a rapid, collective, and cross-border response to the viral spread of terrorist and violent extremist content online.
• A necessary next step is swiftly concluding the negotiations on the proposed legislation on terrorist content online.[2]

Introduction

Modern diplomatic practice represents a multifaceted set of skills that go beyond the contact between representatives of governments of different countries. The increasing emphasis on multilateral relations, as well as the role of international organizations and the impact of globalization, have diplomacy playing a critical role in gathering multiple stakeholders to preserve international peace and security. The development of cyber diplomacy is a response to the shift in international relations.

Background

International terrorism knows no boundaries and the increases in the speed and reach of information and communications technologies (ICT) have led to a “shrinking” of the world which makes diplomacy the most powerful tool at the disposal. In 2015, the UN GGE report recommended States cooperation and assistance in capacity building to counter existing and emerging threats derived from the use of ICT for terrorist purposes.[3] Although the European Union (EU) is not a nation-state, it has contributed actively to the ongoing debates about norms, provides support to regional confidence-building processes, and pursues the goal of a stable, safe, and secure cyberspace by providing funding for capacity building in partner countries.[4]

Application

Counter-terrorism has been a driver in the EU security policy integration. In 2015, the European Commission launched an EU Internet Forum, a platform for voluntary cooperation with Member States and technology platforms to tackle terrorist content online. The EU Internet Referral Unit, as part of the in Europol’s European Counter Terrorism Centre (ECTC), was also created in 2015 with a mandate to refer terrorist and violent extremist content to Online Service Providers and support Member States and Third Parties in Internet investigations.

Moreover, the 2017 “cyber diplomacy toolbox” strengthened the EU response to cyber-attacks, including via new cyber capacity-building efforts to assist third countries to address cyber threats, as well as through the use of the framework for a joint EU diplomatic response to malicious cyber activities. The Cybersecurity Act, in force since June 2019, introduced an EU certification framework for ICT digital products, services and processes. Amid the COVID-19 crisis, the European Council decided to extend the restrictive-measures framework to prevent, discourage, deter cybercriminals from exploiting the coronavirus pandemic.

In the aftermath of the terrorist attack in Christchurch, New Zealand, and according to the Christchurch Call to Action, the participants of the EU Internet Forum gathered in the margins of the 74th UNGA and committed to an EU Crisis Protocol. The Protocol outlines a voluntary mechanism to help coordinate a rapid, collective and cross-border response to the viral spread of terrorist and violent extremist content online, while safeguarding fundamental rights and respecting relevant legal frameworks, in particular the General Data Protection Regulation.

In terms of preventing radicalization, the EU has developed impactful initiatives and policies. The Radicalization Awareness Network was founded in 2011 and connects frontline practitioners from across Europe with one another, as well as with academics and policymakers, to exchange knowledge, first-hand experiences and approaches to preventing and countering violent extremism in all its forms. Along these lines, the pilot project “EU Cities against Radicalization” has the double objective of fostering the exchange of expertise among EU cities and gathering feedback on how to best support local communities at the EU level.

Regarding the multiple stakeholder approach to counter-terrorism, the EU supports the Civil Society Empowerment Programme in the development of alternative and counter-narratives. The commitment at the global level with public and private partners is strong as a member of the Independent Advisory Committee of the Global Internet Forum to Counter Terrorism (GIFCT). In the latest EU Security Union Strategy, the Commission noted the need to address new threats like “gamification,” as terrorists are increasingly using the messaging system of gaming platforms for exchanges and young terrorists also re-play violent attacks in video games.

It is worth noting that the return of foreign terrorist fighters (FTF) is a great concern for EU policymakers. Since 2011, thousands of EU nationals have traveled to conflict zones in Iraq and Syria to join insurgent terrorist groups, and about 30 % have already returned to their home countries. The EU is actively engaged in relevant international initiatives such as the UN Security Council Resolution 2178 (2014) and follows a comprehensive process to detect suspicious travel, investigate and prosecute returnees.

Finally, to further address the challenges set forth herein, the essential next step is to establish a clear and harmonized legal framework to prevent the misuse of hosting services for the dissemination of terrorist content online. While the forthcoming Digital Services Act will help clarify and upgrade the liability and safety rules for digital services, the proposal on preventing the dissemination of terrorist content online of 2018 also introduces a number of necessary safeguards designed to ensure full respect for fundamental rights such as freedom of expression and information.

Results

A key element for the success of the European Union in its efforts to tackle the terrorist and extremist use of technology is the active involvement and close participation with multiple stakeholder initiatives.

Another important element is the way the European Union is working on comprehensive legal frameworks to address cybersecurity in general, and the terrorist abuse of technology in particular.

Conclusion

The European Union has proved that the use of diplomatic tools and thinking to address terrorist activity in cyberspace is the most efficient way to promote collaboration among governments, private sector, civil society, and academia. The multifaceted set of skills of modern diplomacy must include cyber capabilities in order to build and sustain such coalitions.

References

1. See Kurbalija, J. (2016). Internet Governance. Msida, Geneva, Belgrade: DiploFoundation, p. 96-98.
2. Proposal on preventing the dissemination of terrorist content online, COM(2018) 640, 12 September 2018.
3. Kurbalija, J. (2016), p. 84-85.
4. See Riordan, S. (2018). The Geopolitics of Cyberspace: a Diplomatic Perspective (Vol. 3.3). Leiden, Boston: Brill, p. 61-64.

This brief was produced by Betania Allo, JD, LLM, ALM, who can be contacted at [email protected].

Acknowledgements:

This policy brief presents independent research under the United Nations University CRIS and Diplomatic Academy of Vienna Summer School on Modern Diplomacy, 2020.

The views and opinions expressed by the author are those of the author.