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SovereigntyinCyberspace:TheoryandPractice(Version2.0)(2)

•Non-infringement on other countries. No country shall without permission access the critical network infrastructure or cyber systems closely related to another country’s sovereign, security and development interests, or engage in acts of cyber surveillance, theft or sabotage.

Non-interference in other countries’ internal affairs. No country shall interfere in other countries’ rights to survival, security and development in cyberspace, or their rights to maintain cyberspace order, security and development.

Due diligence. No country shall knowingly allow its territory, or territory or Internet facilities, data and information under the control of its government, to be used for cyber activities undermining national security or interests of other countries.

Protection. All countries have the obligation to protect lawful rights and interests of relevant cyberspace entities within their jurisdiction. They also have the obligation to promote openness and freedom of cyberspace while ensuring its order, security and development.

Manifestations of National Sovereignty in Cyberspace

National sovereignty extends to cyberspace, and is embodied through state activities in three aspects, namely Internet facilities and operation, Internet data and information, and society and individuals.

I. State activities concerning Internet facilities and operation

A state manages and uses Internet infrastructure in its territory to support system application, data and protocols on information dissemination; a state safeguards the security of Internet infrastructure and systems in its territory and protects them from illegal disruption or intrusion; a state participates in international cooperation on governance, development and utilization of Internet infrastructure and systems.

II. State activities concerning Internet data and information

A state guides, coordinates and protects the dissemination of Internet information in its territory and restricts the spread of information that infringes upon others’ lawful interests or undermines social interests; a state bans Internet information that threatens public security being fabricated, distorted or spread in its territory by overseas organizations; a state participates in international coordination and cooperation on cross-border data flow, information governance and Internet information industry development; a state protects lawful Internet data and information from acts of infringement and protects the Internet data and information that involves national secrets from being stolen and destroyed.

III. State activities concerning society and individuals

Society and individuals refer to the social environment and actors that have impact on each other in cyberspace. The activities include the following. A state independently manages interactions between its own social changes and cyberspace, and nurtures Internet actors and a social environment that fit into cyber development; a state safeguards its independent Internet governance system and takes an equal part in international cooperation aimed at improving Internet governance model; a state upholds and promotes the spirit of international rule of law in cyberspace, and guards against acts of populism, isolationism and the like that hinder and undermine international rule of law in cyberspace.

The three aspects that manifest sovereignty in cyberspace are interconnected, which presents the systemic nature and integrity of activities of sovereignty in cyberspace. Respecting sovereignty in cyberspace is conducive to promoting orderly cooperation, harmony and stability in cyberspace as well as its sustainable development.

Fundamental Principles of Sovereignty in Cyberspace

I. Equality

The principle of sovereign equality set forth in the UN Charter is the primary principle that all states should follow in the exercise of sovereignty in cyberspace. All sovereign states, regardless of size, wealth, or strength, are equal before the law and have the right to participate on an equal footing in international cyberspace affairs. Each state should be treated equally, and each state is also obligated to treat others as equals.

II. Fairness

All states should uphold fairness and justice in cyberspace and facilitate a more just and equitable global Internet governance system that reflects the wishes and interests of the majority of countries, protects the legitimate rights and interests of developing countries, and ensures the people of all countries get to decide on the development of cyberspace. States should not abuse their superiority in Internet facility, technology, system and data to interfere in other countries' exercise of cyber sovereignty or promote unjust acts such as cyber hegemony or isolation.

III. Cooperation

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