Tim Maurer
Former Director of the Global Cybersecurity Norms and Resilience Project and Head of Research, Cybersecurity Initiative
In a recent expert survey, we examined the effect of Stuxnet on the Internet governance debate. One of the most common responses was that Stuxnet as well as the Snowden disclosures have contributed to a convergence of policy areas, policy communities, and policy agendas. (James Lewis writes about the role of agendas for the Cyber Dialogue 2014.) This convergence will pose a growing challenge for anybody involved in Internet policy processes. Each area and community has its own dynamics, values, and political objectives. As they continue to merge, the politics of each risks getting in the way of policy for all.
A first result of this convergence has been the proliferation of conferences and events relating to Internet governance, cybersecurity, and Internet Freedom. Not a week goes by without a conversation with people trying to figure out what event to prioritize or to consider 鈥渦seful.鈥 This imposes a direct cost on people鈥檚 scarce resources, both travel budgets and time.
An even greater challenge is that different communities use the same terms with different meanings. 鈥淐yber war,鈥 鈥渃yber attack,鈥 or 鈥渃yber weapon鈥 are among the usual suspects. Until recently, the communities were fairly distinct, each using vocabularies and shared understandings that developed over time within that specific group. As these communities are now increasingly converging鈥攐n panels, when consuming each other鈥檚 writings, and in diplomatic negotiations鈥攖hey will need to invest additional resources in making sure they understand each other in the first place before they can try to come to an agreement. This will increase the overall cost of policy discussions and the cost for finding agreements.
An illustrative example is export controls and the term 鈥渃yber weapon.鈥 On the one hand, some human rights advocates are using the term 鈥渃yber weapon鈥 to refer to censorship and surveillance technology and calling for updated export controls. On the other hand, some security professionals are using the term 鈥渃yber weapon鈥 to refer to malware such as Stuxnet. As both communities use the same term, important nuances get lost such as the difference between data exfiltration and data manipulation or the difference between physical and virtual effects. Those nuances matter to develop useful policy.
When the Wassenaar Arrangement, a multilateral export control regime for dual-use technologies among others, announced new export controls relating to 鈥渋ntrusion software鈥 in December 2013, the Financial Times , calling it 鈥淐yber war technology to be controlled in same way as arms.鈥 Privacy International , referring to an 鈥淚nternational agreement reached controlling export of mass and intrusive surveillance technology.鈥 (The Open Technology Institute is part of a joint surveillance project with Privacy International and Digitale Gesellschaft focusing on export controls.)
There is currently no multilateral export control regime with a specific human rights focus. The Wassenaar regime itself is 鈥渞egional and international security and stability, by promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies.鈥 The government of the United Kingdom, and the source of this new language on intrusion software, 鈥淎dvanced Persistent Threat software and related equipment (offensive cyber tools)鈥 when it shared its ideas with the other 40 member states of the Wassenaar Arrangement. At the same time, the UK government has been under a lot of pressure from human rights groups to control the export of FinFisher. The new controls conveniently happen to address both.
These are only a few examples of the linguistic challenges which will make future policy discussions more complicated and harder to understand and reaching agreements more difficult. People will need to invest more time to listen to and understand each other to develop cross-community shared understandings and vernacular. There will continue to be very different opinions and positions, some irreconcilable, but at least people will not be talking past each other and will begin speaking the same language in the first place. More technically informed language, and a more technical approach to many of these debates in general could help mitigate some of these risks. Otherwise, the politics of language will get in the way of finding policy solutions.