Volume 11 - Issue 54
/ June 2022
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DOI: https://doi.org/10.34069/AI/2022.54.06.16
How to Cite:
Chernysh, R., Prozorov, A., Tytarenko, Y., Matsiuk, V., & Lebedev, O. (2022). Legal and organizational aspects of destructive
information impact counteracting: the experience of Ukraine and the European Union. Amazonia Investiga, 11(54), 169-177.
https://doi.org/10.34069/AI/2022.54.06.16
Legal and organizational aspects of destructive information impact
counteracting: the experience of Ukraine and the European Union
Правові та організаційні аспекти протидії деструктивному інформаційному впливу:
досвід України та Європейського Союзу
Received: May 16, 2022 Accepted: June 30, 2022
Written by:
Roman Chernysh67
https://orcid.org/0000-0003-4176-7569
Web of Science researcher code: AAV-4639-2020
Andrii Prozorov68
https://orcid.org/0000-0002-0905-7076
Web of Science researcher code: AAP-2986-2021
Yaroslav Tytarenko69
https://orcid.org/0000-0002-3062-5664
Vitalii Matsiuk70
https://orcid.org/0000-0002-5416-5463
Olexander Lebedev71
https://orcid.org/0000-0001-7112-2804
Abstract
With the functioning of the global Internet, the
geopolitical struggle between the states has
intensified significantly in the information
sphere. Transformations of the security space in
modern conditions are leading to extraordinary
events in cyberspace in Europe and other
countries, which are becoming more frequent
and large-scale. This situation requires
intensification of international cooperation in the
field of information space protection.
A significant part of the risks in the information
sphere arises due to the «lag» of legal regulation
from scientific and technological progress. This
has led to problems of protection of personal data
of citizens and ensuring the sustainable operation
of information and telecommunications systems
of critical infrastructure. One of the main ways to
overcome the «lag» is timely and proper
regulation of these processes.
Effective international cooperation to protect the
information space will be facilitated by:
67
Ph.D (Law), Associate Professor of the Department of Science of Law, National Academy of the Security Service of Ukraine, Kyiv,
Ukraine.
68
Ph.D (Law), Associate Professor of the Department «Organizations of information security with limited access» of the National
Academy of the Security Service of Ukraine, Kyiv, Ukraine.
69
Ph.D (Law), National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
70
Ph.D (Law), Deputy director of Institute of Information Security of the National Academy of the Security Service of Ukraine, Kyiv,
Ukraine.
71
Ph.D (Law), Аssociate Рrofessor, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
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improving coordination of actions and
cooperation within international organizations in
order to strengthen cyber resilience; purposeful
fight against cybercrime in Ukraine and the
world; development of cybersecurity dialogue at
the national and international levels; close
public-private partnership in the institutional
provision of information and cybersecurity
management.
Key words: destructive information impact,
psychological impact, information security,
Internet, critical infrastructure.
Introduction
With the functioning of the global Internet, the
geopolitical struggle between states and other
actors (law enforcement agencies, special
services, officials of international organized
crime groups, etc.) has significantly intensified in
the information sphere. This is due to the ability
to influence large, diverse and physically
difficult to reach audiences using relatively small
resources.
Forecasts of the development of the international
security environment give grounds to believe that
the subjects of national security need to take
urgent precautionary measures to protect the
interests of Ukraine in the information space as a
whole, an essential component of which is
cyberspace (Pohoretskyi, Cherniak, Serhieieva,
Chernysh, & Toporetska, 2022).
It should also be noted that the transformation of
security space in modern conditions is leading to
extraordinary events in cyberspace, which are
becoming more frequent and large-scale.
Currently, a significant part of the risks in the
information sphere arises due to the «lag» of
legal regulation from scientific and technological
progress. In particular, in recent years there has
been a powerful technological revolution in the
use of computers and telecommunications, which
has led to a significant increase in the use of PCs.
This has led to problems with the protection of
personal data of citizens and ensuring the
sustainable operation of information and
telecommunications systems of critical
infrastructure.
One of the main ways to overcome the «backlog»
is the timely and proper regulatory support of
these processes. At the same time, our analysis of
law enforcement practices to ensure information
security as a component of national security in
the European Union, gives reason to believe that
a unified model of building an international
security system is absent (Onyshchuk,
Onyshchuk, Petroye & Chernysh, 2020;
Vlasenko, Chernysh, Dergach, Lobunets &
Kurylо, 2020; Chernysh, Pogrebnaya, Montrin,
Koval, & Paramonova, 2020; Chernysh &
Osichnyuk, 2021).
Given the need to build an effective system to
combat destructive information impact, the issue
of improving the forms and methods of
information protection, critical information
infrastructure and information and psychological
security of citizens by all European countries is
relevant (Tkachuk, 2017).
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Materials and methods
In accordance with the purpose of the article, a
number of scientific methods of modern
epistemology were used in the process of
scientific research. The methodological basis of
the study was the theory of knowledge of legal
phenomena as conceptual provisions, which
were developed by prominent experts in the field
of information law. In addition, special research
methods were used, in particular: comparative -
to compare the provisions of current Ukrainian
legislation in the field of information security and
regulations of the European Union; special legal
- for a thorough analysis of regulations governing
the procedure for combating destructive
information influence; systematic approach and
logical-legal method - to analyze the impact of
negative factors on the constituent elements of
the studied phenomenon and the formation of
logical and specific theoretical and applied
conclusions.
Results and discussion
According to today’s realities, destructive
informational influence on the Internet is carried
out within the framework of special information
operations, during which information resources
are comprehensively used using traditional
communication channels (television, radio, print,
visual aids, etc.) and electronic (from news and
entertainment to scientific and professional
Internet resources, social networks).
The essence of measures of information
influence on the Internet is the organized
deliberate dissemination of false or biased
messages on a large scale to achieve the political
goals of states that carry out information
expansion. Despite the fact that such events
actually take place in cyberspace, they have very
real consequences: interference in public
administration processes, destabilization of
critical infrastructure, increasing social tensions,
exacerbation of interethnic and interfaith
conflicts, diversification of public opinion and
more.
Destructive information activities on the Internet
are mostly hidden. This is due to the efforts to
keep secret the interest and involvement of the
initiating entity in their conduct.
In our opinion, it is possible to identify the
following measures of information impact:
− propaganda (dissemination of certain ideas
to form their support to selected target
groups),
− disinformation (misleading, providing false,
biased information);
− manipulative (the implementation of covert
information and psychological influence on
the audience in order to change its attitude to
certain problems and programming behavior
to support or perceive ideas that are
beneficial to the initiator of information
influence);
− diversifying (creating and giving false
importance to small issues, focusing on them
special and increased attention, distraction
from real problems that require urgent,
urgent solution);
− compromising (objects are public authorities
and officials, individual actions or in general
the policy of the top leadership of the state,
which are presented in a negative,
unfavorable light for them);
− destabilizing (destabilization of the socio-
political or economic situation in the victim
state, exacerbation of interethnic, interfaith
conflicts, etc.).
An analysis of the statistics of law enforcement
agencies and special services of a number of
countries shows that in today’s world no state is
able to effectively combat cyber attacks and
destructive influences in the information sphere.
In view of the above, Ukraine systematically
organizes cooperation with international partners
to protect national sovereignty in various spheres
of public life. In the first round of the Ukraine-
European Union Cyber Dialogue, held in June
2021, the parties agreed on the need to uphold the
rule of law to ensure global, open, stable and
secure cyberspace.
The parties exchanged information on the
institutional structure and powers of bodies in the
field of cyberspace, the latest developments in
the development of legislative initiatives,
including updates of EU Directive 2016/1148 on
measures to ensure a high overall level of
security of network and information systems
across the Union (Directive (EU) 2016/1148,
2016).
Ukraine and the EU reaffirmed the importance of
the Budapest Convention (Law No 2824-IV,
2001), which contributes to the improvement of
national legislation and deepens international
cooperation in the fight against cybercrime, both
internationally and regionally. Ukraine has
announced draft legislation amending the
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Criminal Procedure and Administrative Codes of
Ukraine. Both projects have been approved by
the relevant committee of the Ukrainian
Parliament and are awaiting approval (Ministry
of Foreign Affairs of Ukraine, 2021).
The next step for Ukraine should be to develop
national legislation taking into account the
provisions of the updated EU strategy in the field
of cyber security in the context of digital
modernization in the coming years, approved by
the Council of the European Union in March
2021.
This strategy was presented by the European
Commission and the EU High Representative in
December 2020. It contains the framework
conditions for EU action to protect EU citizens
and businesses from cyber threats, to develop a
secure information system and to protect global,
open, free and secure cyberspace.
According to the document, cybersecurity is a
key factor in building a sustainable, green and
digital Europe, as well as in achieving the EU’s
strategic autonomy, while maintaining an open
European community economy.
The EU Council has identified key areas for
cyber security in the coming years. Among them,
in particular, the intention to create a network of
operational centers for security throughout the
EU, the main purpose of which will be
forecasting, timely detection and response to
cyber attacks on communications networks. At
the same time, the EU must define an operational
structure that will take care of coordination and
crisis management to combat cyber attacks and
threats.
A special place in the strategy is given to the
rapid completion of the formation of the 5G
communication network in the EU, its reliable
protection and efforts to develop the next
generation of communication systems.
It is also planned to raise security standards on
the Internet, which remains an important tool for
achieving the security goals of global
communications. To achieve this goal, the EU
will use the competitive advantages of its own
industry, raise network security standards,
including the use of modern systems of
protection and encryption of information. Such
protection will be provided primarily to law
enforcement and judicial networks to ensure the
effective exchange of operational information.
Cyber diplomacy will also be improved,
providing EU tools to prevent and respond to
cyber attacks if they are committed against the
EU in areas such as the sustainability of supply
networks, critical infrastructure and services,
democratic procedures and the functioning of
state institutions. economic security, etc.
Also, at the EU Intelligence and Situation Center
(INTCEN) it is planned to create a special cyber
intelligence group, which should strengthen the
work of the agency in this area (Ministerio de
Defensa de Espana, 2017).
In turn, Decree of the President of Ukraine
№ 447/2021 put into effect the decision of the
National Security and Defense Council of
Ukraine of May 14, 2021 on the Cyber Security
Strategy of Ukraine.
The main subjects of cybersecurity were
involved in its preparation: the Security Service
of Ukraine, the State Service of Special
Communication of Ukraine, the National Police
of Ukraine, the National Bank of Ukraine, the
Ministry of Defense of Ukraine and other public
authorities.
The basis for the development of this document
was primarily the National Security Strategy of
Ukraine, approved by the Decree of the President
of Ukraine of September 14, 2020 № 392
(Decree of the President of Ukraine № 392/2020,
2020); experience of the best world practices
(conceptual provisions of cybersecurity
strategies of the EU countries, the EU itself, the
USA, Japan, etc. were studied); a number of
sociological surveys, empirical studies, etc.
The purpose of the Cyber Security Strategy of
Ukraine is to create conditions for the safe
functioning of cyberspace, its use in the interests
of the individual, society and the state. The
document is based on the principles of
deterrence, cyber resilience and interaction. The
coordinator of the Strategy implementation is the
National Cyber Security Coordination Center.
The said legal act states that cyberspace, along
with other physical spaces, is recognized as one
of the possible theaters of war. The trend of
creating cyber troops is gaining momentum,
which aims not only to protect critical
information infrastructure from cyber attacks,
but also to conduct preventive offensive
operations in cyberspace, which includes the
decommissioning of critical enemy infrastructure
by destroying information systems that manage
such objects. It was stated that the Russian
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Federation remains one of the main sources of
threats to national and international
cybersecurity. This country is actively
implementing the concept of information
warfare, based on a combination of destructive
actions in cyberspace and information and
psychological operations, the mechanisms of
which are actively used in the war against
Ukraine. Such destructive activity poses a real
threat of acts of cyberterrorism and cyber
diversion against the national information
infrastructure.
It is expected that in the first year of the Strategy
indicators for assessing the state of cybersecurity
and cybersecurity will be developed; a review of
the state of cyber protection of critical
information infrastructure, state information
resources and information, the protection of
which is established by law; mechanisms for
reviewing the state of the national cybersecurity
system have been developed and implemented.
This will allow to optimally take into account
changes in the security environment and adjust
the overall plan and annual action plans for the
implementation of the Strategy.
According to the approved Strategy, Ukraine will
create the most open, free, stable and secure
cyberspace in the interests of human rights and
freedoms, social, political and economic
development of the state.
To build the capacity of deterrence (C), the focus
is on achieving the following strategic goals:
− goal C.1. Effective cyber defense;
− goal C.2. Effective countering of
intelligence and subversive activities in
cyberspace and cyberterrorism;
− goal C.3. Effective fight against cybercrime;
− goal С.4. Development of asymmetric
containment tools.
To gain cyber resilience (K) it is necessary to
achieve the following strategic goals:
− purpose K.1. National cyber readiness and
reliable cyber defense;
− purpose K.2. Professional development,
cyber-knowledge society and scientific and
technical support of cybersecurity;
− goal K.3. Secure digital services.
To improve interaction (B) it is necessary to
achieve the following strategic goals:
− goal B.1. Strengthening the coordination
system;
− goal B.2. Formation of a new model of
relations in the field of cybersecurity;
− goal B.3. Pragmatic international
cooperation (Decree of the President of
Ukraine).
However, in our opinion, the provisions of the
new version of the Cyber Security Strategy of
Ukraine should specify and detail the tasks set by
Ukrainian law on:
− creation of a modern national cybersecurity
system of the state;
− organization and ensuring the development
of this system and functioning in the
interests of national security of the state;
− preparation for repulse of military
aggression in cyberspace (preparation and
conduct of cyber defense).
In order to increase the efficiency of the
information space protection system, it is
considered appropriate:
− clarify existing approaches to creating a
national cybersecurity system, taking into
account trends in the security environment
and best practices in cybersecurity of the
world’s leading countries;
− to focus the efforts of cybersecurity entities
on acquiring the necessary capabilities for
the quality of the tasks assigned to them, the
creation and development of appropriate
organizational structures (staffing, training
and comprehensive support);
− master modern forms and methods of
preparation and implementation of
cybersecurity measures;
− intensify cyber defense and cyber defense in
proportion to the growing level of threats,
especially in the context of the preparation
and implementation of enemy military
aggression in cyberspace;
− respond in a timely and adequate manner to
current cybersecurity threats by preventing,
early detection, early response to them,
elimination (minimization, elimination of
consequences) of their impact;
− to improve the cybersecurity management
system with its further integration into the
public administration system;
− to establish cooperation (implementation of
joint projects and activities, cooperation)
within the framework of authority with the
subjects of national security, as well as with
NATO, the European Union, Partner
countries in the joint implementation of
cybersecurity tasks.
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Given that Ukraine has committed itself to
NATO and Partner countries in implementing
modern approaches to cybersecurity, developing
the necessary capabilities of the security and
defense sector for action in cyberspace, and
establishing interoperability in cybersecurity
with the Alliance, In 2021, the President of
Ukraine - V. Zelensky announced the creation
and start of the Centers for Cyber Security and
Countering Disinformation (ZCA, 2021).
It is planned that in order to fulfill the strategic
objectives, these Centers will cooperate with the
special services of foreign partner countries.
The main vector of such interaction should be
aimed at eliminating the main threats to
information security of states directly in
cyberspace. These include:
− systemic and large-scale actions in
cyberspace, which are resorted to by
representatives of special services of foreign
countries, officials of non-governmental
organizations, including in the way of using
special means of active influence in
cyberspace (the use of cyberweapons);
− use of cyberspace capabilities for
information and cyberspace;
− destructive impact on the objects of critical
infrastructure of Ukraine in cyberspace
during armed aggression, hostilities,
terrorist attacks, sabotage, etc;
− awareness of the enemy about the
vulnerability of information technology and
information infrastructure for management
in priority areas of life, ensuring proper
defense of the state and its security;
− establishing cooperation and capacity
building by states on cyber influence;
− development of organizational components
of cyber structures of leading European
states, purposeful involvement of non-state
resources in participation in measures to
ensure cybersecurity;
− development of cyber weapons and its
application to perform tasks in cyberspace;
− stepping up efforts to focus on preventing
covert illegal cyber attacks and cyber
operations;
− enhanced influence on the national
information spaces of other countries,
network traffic by means of access to global
information networks;
− development of information technologies on
a global scale, including in the interests of
cyber defense, cyber influence, cyber
operations in general.
In organizing cooperation and establishing
international cooperation in this area, it is
necessary to take into account the provisions of
the Convention on Cybercrime (adopted by the
Council of Europe in 2001 and ratified by
Ukraine in 2005, then the Budapest Convention),
which is one of the first international regulations
definition of «cybercrime» and forms an idea of
crime in cyberspace (Law No 2824-IV, 2001).
Today, the Budapest Convention is a
fundamental document for the development of
international and national legislation governing
the fight against cybercrime.
The main EU acts in the field of information
space protection are: EU Law «On ENISA
(European Union Agency for Cyber Security)
and on certification of cyber security of
information and communication technologies
and repeal of Regulation (EU) № 526/2013 (Law
on Cyber Security)» of 17.04. 2019 (Law «On
ENISA and certification»); Directive on
measures for a high common level of security of
network and information systems in the Union
(Directive (EU) 2016/1148, 2016) of 06.07.2016;
Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016
on the protection of individuals with regard to the
processing of personal data and on the free
movement of such data and repealing Directive
95/46/EC (General data protection provisions)
Data Protection Regulation, GDPR) and others.
The EU has a key role to play in encouraging and
supporting the development of cybersecurity
capabilities in public and private bodies in the
Member States, as well as in the European
institutions themselves, building on European
know-how. The EU can also provide support in
the field of training and education, which creates
synergies and prevents duplication of capacity.
Thus, cybersecurity encompasses all security
measures that can be taken to protect against
attacks in the digital space. The steady increase
in the complexity and intensity of cyber attacks
has led most developed countries to increase
resilience and adopt national cybersecurity
strategies in recent years. In particular, France
has the National Cyber Strategy of 2011, the
National Digital Security Strategy of 2015, and
the International Digital Strategy of France of
2017. These documents are complemented by the
White Paper, the Defense Review and the Cyber
Defense Strategy Review. France's Internet
environment is protected by public authorities
such as ANSSI, CERT, COSSI, the Ministry of
Defense, COMCYBER and the Ministry of the
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Interior. Cybersecurity is considered by France to
be a national priority for all its citizens today.
The German model of information security of the
state operates on the basis of the Constitution of
Germany, federal and state laws, decisions of
constitutional courts, supranational legislation
and relevant bylaws.
In particular, according to paragraph 1 of Article
5 of the Constitution of Germany, everyone has
the right to freedom of expression and
dissemination of opinion orally, in writing and
through visual means, to freely receive
information from all publicly available sources.
Freedom of the press and freedom to transmit
information through radio and cinema are
guaranteed. Censorship is not carried out.
In 2009, the Constitution of Germany was
supplemented by Article 91c, which laid the
foundation for cooperation between the federal
government and the state governments in the
field of information technology. This provision is
broad given the constant progress of information
technology and its growing importance for public
administration. It includes factual and legal
aspects of such cooperation, establishes the
possibility of harmonizing standards for their
uniform application to ensure compatibility and
security requirements in data exchange.
The basic law in the field of information security
in Germany is the Law on Strengthening the
Security of Information Technology Systems
(Law on IT Security) of 25.07.2015. The law
assigns the Federal Office for Information
Technology Security (BSI) a central role in
protecting critical infrastructures in Germany.
Critical infrastructures are facilities, installations
or parts of them that belong to the sectors of
energy, information technology and
telecommunications, transport and road
transport, healthcare, water supply, food, finance
and insurance. Such facilities are essential to the
community because shutting them down or
deteriorating them will lead to significant supply
shortages or threats to public safety.
One of the fundamental legal documents in the
field of information security in Spain is the
National Cyber Security Strategy (Presidente del
Gobierno, 2013). This act is the legal basis for
the Spanish Government in the context of
implementing the National Security Strategy
(2013) to protect the cyberspace of the state, in
particular, the implementation of concerted and
coordinated action to prevent and combat
identified cyber threats and eliminate their
consequences (Ministerio de Defensa de Espana,
2017).
At the same time, in the EU, given the need for
the most effective cooperation in the field of
information space security, the emphasis is on
cooperation between different agencies and
countries.
The EU plans to set up a new cyber unit to
respond to cyberattacks, which will include
special teams that can immediately come to the
aid of victims of hacker attacks. As a result of
cooperation, EU countries affected by
cyberattacks will be able to turn to other EU
countries for help, including rapid response
teams that will repel real-time hacker attacks.
It is also planned to create an interactive platform
for cybercrime police, cyber agencies, diplomats,
military services and cybersecurity firms to
coordinate response and resource sharing.
Among other things, the unit will prepare regular
reports on threats to the information space,
prepare and test crisis response plans, and
establish information-sharing agreements
between governments and private cybersecurity
firms. The unit will also coordinate existing work
between cyber agencies and authorities within
the bloc. The need for coordination is due to the
fact that despite the existence of specialized
bodies in this area, most EU countries face cyber
attacks on their own, and their ability to counter
such threats varies widely. It is planned that the
unit will be fully operational by the end of 2022
(EU, 2021).
Conclusions
After analyzing the legal regulations and
organizational aspects of information security in
some European countries, we conclude that there
is currently no unified model.
Given the dynamics of public relations in the
information sphere, taking into account the need
for effective measures to combat modern threats
to information security, need to improve the form
and methods of information protection, critical
information infrastructure and information and
psychological security of all European countries.
In our opinion, in order to organize effective
international cooperation in the field of
information space protection, efforts should be
intensified in the following areas:
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− improving coordination and cooperation
within international organizations to
strengthen cyber resilience - ensuring global,
open, stable and secure cyberspace;
− strengthening the fight against cybercrime in
Ukraine and the world;
− development of dialogue on cybersecurity
and achievement of practical results of
cooperation, etc.
Clearly, global capabilities to prevent, detect,
mitigate, deter, respond to malicious cyber
activity, and ensure the credible protection of
states' information sovereignty need to be
strengthened.
Thus the basic strategic purposes it is expedient
to define:
− informing, advising, teaching and promoting
in Ukrainian society the ideas and standards
of information and cyberimmunity;
− cyber cooperation in providing modern
services for cyber defense, especially areas
vulnerable to conflicting states;
− application of modern approaches to the
implementation of best practices at the state
level (Ukraine needs to intensify
cooperation with the European Union
Network and Information Security Agency
(ENISA), the European Center for
Cybersecurity Research and Competences,
and purposefully engage in EU joint
coordination trainings the EU and Member
States on large-scale cyber security incidents
and crises;
− prevention of threats and challenges in the
state with the use of cyberspace by the
enemy;
− localization of challenges and threats to the
state in cyberspace;
deterring threats and challenges in
cyberspace and through cyberspace;
preparing the state to repel attacks in
cyberspace in order to counter information
aggression.
At the present stage, it is necessary to pay more
attention to public-private partnerships as part of
the institutional support of information and
cybersecurity management.
Such a partnership should be implemented in the
following areas:
− preparation of proposals for the
development of strategic documents in the
field of cybersecurity;
− participation in the development of national
and international standards;
− ensuring the implementation of the advisory
function;
− extensive consultations with stakeholders
within advisory bodies;
− scientific and technical cooperation (state -
scientific circles, scientific circles -
business).
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