Regulating Cyberspace: UN Consensus-Building in a Fragmented Digital World

By
Federica Marconi
Ettore Greco
Federica Marconi, Ettore Greco
Regulating Cyberspace: UN Consensus-Building in a Fragmented Digital World
Abstract
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How well is cyberspace governance working? Key UN processes for digitalisation have produced mixed results and are often undermined by geopolitical friction and competing visions of cyberspace regulation.

Cyberspace has been defined as a global domain that enables “the creation, storage, modification, exchange and exploitation of information via interdependent and interconnected networks using information communication technologies.” In this way, cyberspace presents unique governance challenges due to its de-materialised and transnational nature, as well as its pervasiveness. In 2016, NATO officially recognised cyberspace as an operational domain that requires governance and protection, alongside land, air, sea, and outer space. Moreover, its rapid technological advancements have outpaced the development of governance frameworks. Nevertheless, governments and, more broadly, the community of experts involved have generally agreed that cyberspace must be governed by the same international legal principles that govern ‘physical’ spaces.

Defining appropriate behaviour in cyberspace to ensure the safe and secure use of information and communication technologies (ICT) has become an urgent policy issue. Despite its relatively recent development, cyberspace has emerged as a core area for global governance, particularly as it intersects with several different policy areas. Cyberspace governance has evolved into an “emerging theatre for tensions and conflicts between States,” where they seek to advance their own broader geopolitical and geoeconomic ambitions. In addressing these challenges, the United Nations (UN) regime has emerged as a key ‘organisational platform’ aiming to facilitate intergovernmental negotiations and broader stakeholder engagement. Since 1998, key UN-led initiatives to regulate different areas of cyberspace include the UN Group of Governmental Experts (GGE), the Open-Ended Working Group (OEWG), and the Internet Governance Forum (IGF).

How robust, effective, and democratic are the key UN processes for global digital governance? How have they attempted to resolve the tension between the robustness and flexibility?

This report takes stock of these vital UN initiatives. As both the OEWG and the IGF are nearing the conclusion of their respective mandates after years of activities and efforts, 2025 marks a critical juncture for discussions on the future governance of cyberspace. The report highlights the inherent complexity of regulating this de-materialised, de-territorialised domain in which unresolved issues persist and new challenges are constantly arising. It finds that:

  • UN efforts to regulate cyberspace have shown mixed results in terms of their robustness, effectiveness, an democratic participation.
  • In many cases, the potentialities of UN initiatives have been hindered by geopolitical tensions and geoeconomic ambitions, as well as by various state actors’ efforts to impose their own visions of cyberspace regulation.
  • OEWG and IGF have made strides in fostering dialogue and inclusivity, however, they face serious challenges in reaching binding agreements and adapting to the rapid pace of technological change.
  • The IGF’s multi-stakeholder model provides an inclusive platform for debate but lacks decision-making authority.
  • The OEWG’s mandate is complicated by the difficulty of reaching consensus among diverse UN member states.

Citation Recommendation: Marconi, Federica and Ettore Greco. 2025. “Regulating Cyberspace: UN Consensus-Building in a Fragmented Digital World.” ENSURED Research Report, no. 9 (May): 1–34. https://www.ensuredeurope.eu

*This is one of five research reports on global governance published by ENSURED in May 2025. Read the others to learn about WTO reform, vaccine equity and the public health-intellectual property nexus, UNFCCC decision-making, and the UN Human Rights Council.

Photo: Joshua Sortino via Unsplash | Free to use under the Unsplash License
For more, read the full cyberspace report.
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