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As far as exploring the Internet development path and cyber administration models is concerned, The Law on Cybersecurity of Vietnam in 2018 makes it clear that “mutual respect for independence, sovereignty and territorial integrity, mutual non-interference in internal affairs, equality and mutual benefit” form the basic principles of cybersecurity cooperation. It provides a detailed list of acts that are prohibited in cyberspace such as distorting historical facts, undermining ethnic unity, offending religious belief and other acts that violate national sovereignty, interests and security. The European Union put forward “technological sovereignty” in February 2020 in a bid to reinforce its control and dominance in technologies, rules and values in cyberspace.

As for protecting domestic network from threats, disruptions, attacks and sabotage, Russia adopted the Stable Runet Act in May 2019 to ensure independence and reliability of its own Internet resources so that it can still function properly when it is unable to connect to servers outside the country.

In regard to protecting the rights and interests of citizens in cyberspace, the EU adopted the General Data Protection Regulation in May 2018 to put cross-border flow of personal data under strict control, and expands the confines of sovereignty through extra-territorial jurisdiction over processing of personal data.

Vision on Sovereignty in Cyberspace

Currently, developments in cyberspace pose grave challenges to traditional political, economic and social governance structure, while international law on cyberspace and relevant national laws and regulations are neither comprehensive nor sufficient enough to meet rising demands for governance. The introduction of principle of sovereignty in cyberspace has further defined rights and interests of various actors. It helps regulate the behaviors of governments, international organizations, private sectors, research groups, social organizations and individual citizens in cyberspace, and promote effective international cooperation on the basis of sovereign equality and mutual non-aggression, thus playing an important role in addressing all kinds of cybersecurity challenges as well as building and maintaining a sound order in cyberspace.

I. Forestall and reject cyber hegemony

Respecting sovereignty in cyberspace means countries should respect each other’s own choice of development path and governance model in cyberspace and equal rights in participating in global cyberspace governance. No country should pursue cyber hegemony, interfere through leveraging Internet in other countries’ internal affairs, engage in, condone or support acts that endanger other countries’ national security, or undermine information infrastructure of other countries. Some countries, by putting their own national interests above those of others and the international community, have failed to honor relevant obligations set forth in the international law, imposed long-arm jurisdiction, pursued unilateralism, built trade barriers and undermined other countries’ legitimate interests and sovereignty in cyberspace. The international community should work together to guard against and reject such acts and adopt corresponding sanction measures.

II. Build a more inclusive framework on global coordination and cooperation

The nature of sovereignty in cyberspace comprises mutual respect, equality, openness and inclusiveness. Advocating and practicing sovereignty in cyberspace doesn’t mean that countries can act at will or adopt the beggar-thy-neighbor approach. It is natural to find diverse means of enforcing sovereignty in cyberspace, and the diversity shall exist for a long time to come. For the international community the new task at hand is how to balance sovereign rights and obligations of countries on the basis of respecting national sovereignty, with a view to sharing the benefits and dividends of digital era and maintaining peace and stability in cyberspace.

III. Define a proper scope of application for sovereignty in cyberspace

Cyberspace is an artificial space built on the foundation of information technology and characterized by multiple dimensions, wide-ranging areas and diverse actors. It breaks the traditional geographical limits and has a strong impact on the exercise of sovereignty based primarily on territorial jurisdiction and supported by personal jurisdiction. For example, as the concept and scope of cyberspace is fast expanding, there is a need to keep adapting to new circumstances in exercising sovereignty in cyberspace. Some powers are still shifting between state actors and non-state actors or institutions, leading to adjustments and adaptations. In the digital era rife with massive potential, how to effectively uphold and properly exercise sovereignty in cyberspace has become a new topical issue for the international community and requires joint efforts of all parties.