22 U.S.C. § 10301 — United States international cyberspace

Page 2326 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10251 1 See References in Text note below. (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Com- mittee on Appropriations of the House of Rep- resentatives. (Pub. L. 117–263, div. E, title LV, § 5577, Dec. 23, 2022, 136 Stat. 3370.) SUBCHAPTER IV—EFFORTS AGAINST HUMAN RIGHTS ABUSES § 10251. Authorization to provide technical assist- ance for efforts against human rights abuses (a) In general The Secretary of State is authorized to pro- vide assistance to support appropriate civilian or international entities that— (1) identify suspected perpetrators of war crimes, crimes against humanity, and geno- cide in Burma; (2) collect, document, and protect evidence of crimes in Burma and preserving the chain of custody for such evidence; (3) conduct criminal investigations of such crimes; and (4) support investigations related to Burma conducted by other countries, and by entities mandated by the United Nations, such as the Independent Investigative Mechanism for Myanmar. (b) Authorization for transitional justice mecha- nisms The Secretary of State, taking into account any relevant findings in the report submitted under section 5941,1 is authorized to provide sup- port for the establishment and operation of transitional justice mechanisms, including a hy- brid tribunal, to prosecute individuals suspected of committing war crimes, crimes against hu- manity, or genocide in Burma. (Pub. L. 117–263, div. E, title LV, § 5578, Dec. 23, 2022, 136 Stat. 3370.) Editorial Notes REFERENCES IN TEXT Section 5941, referred to in subsec. (b), is unidentifi- able in the original. Although Pub. L. 117–263 does con- tain a section 5941, that section is outside the BURMA Act of 2022, which comprises this chapter, and relates to the submission of a report by the Secretary of Agri- culture on wholesale produce markets. Prior versions of the Act included a section requiring a report con- taining a study of the feasibility and desirability of a transitional justice mechanism for Burma, but that section did not appear in the version of the Act enacted by Pub. L. 117–263. SUBCHAPTER V—SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS § 10261. Sanctions exception relating to importa- tion of goods (a) In general The authorities and requirements to impose sanctions under this chapter shall not include the authority or requirement to impose sanc- tions on the importation of goods. (b) Good defined In this section, the term ‘‘good’’ means any ar- ticle, natural or man-made substance, material, supply, or manufactured product, including in- spection and test equipment, and excluding technical data. (Pub. L. 117–263, div. E, title LV, § 5579, Dec. 23, 2022, 136 Stat. 3370.) CHAPTER 110—INFORMATION SECURITY AND CYBER DIPLOMACY Sec. 10301. United States international cyberspace pol- icy. 10302. International cyberspace and digital policy strategy. 10303. Cybersecurity recruitment and retention. 10304. Short course on emerging technologies for senior officials. 10305. Establishment and expansion of Regional Technology Officer Program. 10306. Vulnerability disclosure policy and bug boun- ty program report. 10307. Digital Connectivity and Cybersecurity Part- nership. 10308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. § 10301. United States international cyberspace policy (a) In general It is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure inter- net governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of ex- pression; (B) supports the ability to innovate, com- municate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, malign influence, incitement to violence, harassment and abuse, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own techno- logical capabilities and resiliency to pursue, defend, and protect shared interests and val- ues, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and ave- nues for developing norms regarding the use of digital tools. (b) Implementation In implementing the policy described in sub- section (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organiza- tions, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— Page 2327 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10302 (1) to clarify the applicability of inter- national laws and norms to the use of informa- tion and communications technology (referred to in this subsection as ‘‘ICT’’); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to crit- ical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including re- spect for human rights, democracy, and the rule of law, to advance such values and poli- cies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT prod- ucts that strengthen a secure internet archi- tecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) not to conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of pro- viding competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of in- tentionally wrongful acts using ICT in viola- tion of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to pro- tect the country’s critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized inter- national emergency response teams (also known as ‘‘computer emergency response teams’’ or ‘‘cybersecurity incident response teams’’) of another country or authorize emergency response teams to engage in ma- licious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activ- ity emanating from their territory and aimed at the critical infrastructure of an- other country; (G) not to restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be pro- tected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best prac- tices. (Pub. L. 117–263, div. I, title XCV, § 9501, Dec. 23, 2022, 136 Stat. 3897.) Statutory Notes and Related Subsidiaries SUPPORT OF POLICY IN UNITED NATIONS Pub. L. 117–263, div. I, title XCV, § 9502(c), Dec. 23, 2022, 136 Stat. 3902, provided that: ‘‘The Permanent Rep- resentative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 9501(a) [22 U.S.C. 10301(a)].’’ § 10302. International cyberspace and digital pol- icy strategy (a) Strategy required Not later than 1 year after December 23, 2022, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements The strategy required under subsection (a) shall include— (1) a review of actions and activities under- taken to support the policy described in sec- tion 10301(a) of this title; (2) a plan of action to guide the diplomacy of the Department with regard to foreign coun- tries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implemen- tation of norms of responsible country be- havior in cyberspace consistent with the commitments listed in section 10301(b)(5) of this title; (ii) to reduce the frequency and severity of cyberattacks on United States individ- uals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infra- structure; (iv) to improve allies’ and partners’ col- laboration with the United States on cybersecurity issues, including informa- tion sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and pri- vate sector resiliency to threats and ac- cess to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for inter- national norms regarding cyberspace offered by foreign countries; (4) a detailed description, in consultation with the Office of the National Cyber Director and relevant Federal agencies, of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyber- space infrastructure of the United States;