INDIA WORKING TO EXTEND GLOBAL NORMS TO SAFEGUARD DIPLOMATIC E-MAILS FROM INTERCEPTION

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06586902
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 28, 2022
• Document Release Date: March 2, 2017
• Case Number: F-2016-02039
• Publication Date: August 7, 2013

Approved for Release: 2017/02/15 C06586902
UNCLASSIFIED//
ENVELOPE
ZNR UUUUU
HEADER
RAAUZYUW RUEIFBS2727 2190728�UUUU--RUZDZWC.
070728Z AUG 13
FM OSC RESTON VA
TO RUZFNEL/547IS NELLIS AFB NV
RUEPPOG/CDR PSYOPGP FT BRAGG NC//ASOF�POG�SB//
RHMCSII/CDR USPACOM HONOLULU HI
RUZFMXI/CDR USTRANSCOM INTEL CELL SCOTT AFB IL
RUEPNGA/CDRNGIC CHARLOTTESVILLE VA
RHMCSII/CDRUSASOIC WASHINGTON DC
RUEPWDC/DA AMHS WASHINGTON DC
RHEBAAA/DEPT OF ENERGY WASHINGTON DC//IN-1//
RUEPTRX/DEPT OF TREASURY WASHINGTON DC
RHFFDTA/DTA WARRTNnTON DC
(b)(3)
RHMCSII/GISA FT BRAGG NC
RUZDJWC/JWAC DAHLGREN VA
RUZDNAI/NASIC WRIGHT PATTERSON AFB OH
ZEN/NGA WASHINGTON DC
RUETIAA/NSACSS FT GEORGE G MEADE MD
RUCXONI/ONI WASHINGTON DC//2140//
RHMCSII/SECDEF WASHINGTON DC
RHMCSII/SECSTATE WASHINGTON DC//INR//
RUCQSAB/USSOCOM INTEL MACDILL AFB FL
RULWIOC/USSTRATCOM INTEL OPSCTR OFFUTT AFB NE
ZEN/CIA WASHINGTON DC
BT
CONTROLS
UNCLAS
QQQQ
CITE OSC RESTON VA 681375
WARNING: TOPIC: DOMESTIC POLITICAL, INTERNATIONAL POLITICAL,
TELECOM
SERIAL: SA02013080634087485
UNCLASSIFIED//
11 of 32 3/19/2016 8:33 AM
Approved for Release: 2017/02/15 C06586902
Approved for Release: 2017/02/15 C06586902
UNCLASSIFIED//
BODY
COUNTRY: INDIA, UNITED STATES
INTERNATIONAL ORGANIZATION: INTERNATIONAL COURT OF JUSTICE, NORTH
ATLANTIC TREATY ORGANIZATION, UNITED NATIONS
SUBJ: (U) INDIA WORKING TO EXTEND GLOBAL NORMS TO SAFEGUARD
Diplomatic E-Mails From Interception
SOURCE: Chennai The Hindu Online in English 06 Aug 13
(U)
TEXT:
[ (U) Report by Sandeep Dikshit: "Safeguarding Diplomatic E-Mails"]
[INTERNET]
[OSC Transcribed Text]
(U) This product may contain copyrighted material; authorized use
is
for national security purposes of the United States Government
only
Any reproduction, dissemination, or use is subject to the OSC usage
policy and the original copyright.
[Text disseminated as received without OSC editorial intervention]
India feels existing norms for immunity of state correspondence
will
apply to cyberspace
New Delhi: India is quietly working at ensuring that long-standing
international norms governing the immunity of diplomatic
correspondence also guide state behaviour in cyberspace following
revelations by whistleblower Edward Snowden about the United States
intercepting diplomatic e-mails of several countries including the
Indian mission in Washington.
Upset as other countries are by revelations that the U.S. has been
subjecting their diplomatic premises to electronic snooping, India
has held its fire in public. But internally, the government feels
the
existing body of international law must be extended to ensure that
diplomatic missions are free from interception of privileged
electronic communications.
The government has revisited the ubiquitous Vienna Convention and
UNCLASSIFIED//
12 of 32 3/19/2016 8:33 AM
Approved for Release: 2017/02/15 C06586902
Approved for Release: 2017/02/15 C06586902
UNCLASSIFIED//
the
lesser-known Tallinn Manual of the Northern Atlantic Treaty
Organisation (NATO) and feels the application of norms derived from
existing international laws is an essential measure to decrease the
risks to international peace and security due to unlawful snooping
of
diplomatic e-mails.
For the moment, the U.S. has tried to ensure that the controversy
will be kept out of this year's session of the U.N. General
Assembly
by the simple method of setting up a committee.
Nevertheless, the problem is not going to go away. Indian officials
note that when the Vienna Convention on Diplomatic Relations is
read
with the International Court of Justice's Tehran Hostages
judgement,
it is amply clear that protection applies to diplomatic archives at
any time and wherever they might be.
Though the subject needs greater study and consultation, Indian
officials feel states cannot get away from their international
obligation of ensuring there is no breaking of what they call
diplomatic e-immunity. They agree with cyber law experts such as
Javan Kurbalija that digital assets enjoy the same diplomatic
protection as their physical ones and that there is no need for new
rules to govern cyberspace.
With this view, the officials feel the Vienna Convention's Articles
24 (the host country must protect the mission from intrusion or
damage and never search the premises, nor seize its documents or
property) and 27 (host country must permit and protect free
communication between the diplomats at the mission and their home
country; a diplomatic bag must never be opened even on suspicion of
abuse; a diplomatic courier must never be arrested or detained)
could
be extended to ensuring e-immunity.
The issue of interception of diplomatic e-mails is going to remain
even though some states might seek to score points against the U.S.
on the Snowden affair in case a debate ever takes place during the
forthcoming U.N. General Assembly. This is because as countries
start
looking for cheaper storage space in cloud computing, there will be
an increase in vulnerability of diplomatic communications as
UNCLASSIFIED//
13 of 32 3/19/2016 8:33 AM
Approved for Release: 2017/02/15 C06586902
Approved for Release: 2017/02/15 C06586902
UNCLASSIFIED//
compared
to in-house servers, which are becoming more expensive by the day.
Diplomats here find the Tallinn Manual more contemporary as its
recommendations have come in the context of earlier instances of
cyber warfare such as the cyber attack of unknown origin against
Estonia in 2007, Georgia in 2008 and the now-famous Israeli-
American
attack on Iranian centrifuges in an operation codenamed Olympic
Games. Although the manual has been framed by a select group of
countries, officials here agree with its recommendation that
diplomatic archives and communications are protected from cyber
operations at all times.
Some officials, however, point out that this is just the
beginning. A
long road lies ahead, especially on the question of the host
government's obligation to ensure e-immunity in an environment
where
private companies could also be involved in breaching such norms.
In
that case, diplomats might have to use a special identification
which
companies and states would have to respect. A second option is for
the global community wait for the first case on the issue - most
probably based on Snowden's revelations at the International Court
of
Justice - and the verdict that comes out of it.
[Description of Source: Chennai The Hindu Online in English --
Website of the most influential English daily of southern India.
Strong focus on South Indian issues. It has abandoned its neutral
editorial and reportage policy in the recent few years after its
editor, N Ram, a Left party member, fell out with the Bharatiya
Janata Party-led government and has become anti-BJP, pro-Left, and
anti-US with perceptible bias in favor of China in its write-ups.
Gives good coverage to Left parties and has reputation of
publishing
well-researched editorials and commentaries; URL: www.hindu.com]
(U) This product may contain copyrighted material; authorized use
is
for national security purposes of the United States Government
only.
Any reproduction, dissemination, or use is subject to the OSC usage
policy and the original copyright.
- Filing.doc
UNCLASSIFIED8
14 of 32 3/19/2016 8:33 AM
Approved for Release: 2017/02/15 C06586902
Approved for Release: 2017/02/15 C06586902
UNCLASSIFIED//
CABLETYPE: FBISEMS ACP 1.0
The following attachments were removed from the message:
Filing. doc
ADMIN
BT
#2727
NNNN
UNCLASSIFIED//
15 of 32 3/19/2016 8:33 AM
Approved for Release: 2017/02/15 C06586902