Open Access Research Article
STRENGTHENING INDIAS CYBER DEFENSE: THE IMPERATIVE FOR ENHANCED CYBER LAWS AND COUNTERTERRORISM MEASURES
Published Paper
Article Details
STRENGTHENING INDIA'S CYBER
DEFENSE: THE IMPERATIVE FOR ENHANCED CYBER LAWS AND COUNTERTERRORISM MEASURES
AUTHORED BY
- PRANAV DEEPANKAR KETHINENI
-
190401427055
BBA LLB
(HONS) 2019-2024
Abstract:
Cyber terrorism is one of the growing
issues in India that needs to be addressed as soon as possible. Cyber terrorism
is defined as the use of devices such as of computers and Information
Technology, in complementary use of internet, with the aim to cause disturbances
in the society. Disruption can include supporting political activism which is
also a big concern. Other types of disruptions include crating mass chaos,
hacktivism and other issues that will be covered in the paper.
India is having a substantial rise of
cyber-attacks and if not addressed as soon as possible then there will be a
possibility that in the future, if there is any legal vacuum there then it can
be taken undue advantage of.
The paper aims to explain the
different types of cyber-crimes that India as growing country might be subject
and especially those kinds of cyber-crimes that may affect the country as very
and further to analyze the cyber terrorism laws which are in place currently
and another perspective around the analysis would also include if the current
laws in India are enough to address the cyber terrorist attacks in different
forms. Further the paper aims to make required suggestions on any reforms
necessary for the protection of cyberspace in India. The paper shall aim to suggest
more types of laws that are required to be covered under this area as to aim
that all the kind of issues are covered which India can be a subject or the
victim of in case of a cyber-attack.
Keywords: cyber- attack, cyber terrorism, cyber
warfare, cyber space, cyber-crimes, disruption, chaos.
SYNOPSIS
1.1)
Overview –
Cyber-crime -
Cyber-crime can be defined as
offenses that are committed against an individual or any group of individuals with
the aim of causing a physical or mental trauma through electronic means which
can be defined as cybercrime.[1]
Cyber-crime is categorized as–
- The computer
is deemed as a Target -the offenders use one computer to attack other
computers. The example of these cyber-attacks is as below -
e.g. Hacking, Virus/Worm attacks, DOS attack etc. - The computer
is deemed as a weapon -the computer is being used to commit crime in the
real world. It is done through causing disturbance in the digital space.
e.g. Cyber Terrorism, IPR violations,
Cyber-terrorism –
Cyber-terrorism is the clash of terrorism
and cyber-space. Cyber-terrorism is generally understood as unlawful attacks
against a network of computers and the information stored is used to coerce a
government, so that the offenders can achieve their religious, social or
political agendas achieved.
Cyber terrorism also poses a threat
to the actual and virtual world.
The offence comprises committing
acts which include destruction, alteration, acquisition, or transfer
against the following:
•
Defence Forces
•
Financial infrastructure
•
Civilians
•
Destroyed smart city control and data acquisition
systems
•
Investigated smart army, among other things.
It would be highly devastating, if
the cyber-attacks target the basic infrastructure or the financial systems,
conducted in collaboration with a traditional attack with other capabilities.
This would be a deadly combination of Cyber techniques with traditional
resources.
The Cyber security is not a choice
but a national responsibility. The Indian Govt. has made satisfactory steps for
the development and implementation of national cyber security strategy, but there
are still many more steps that are to be take both by the government as well as
citizens towards cyber – security.
Initiatives taken by Government of
India with respect to Cyber-Security –
Information Technology Act: Cyber
terror Law of India
The Information Technology Act
(hereafter the Act) sanctions legal provisions concerning cyber terrorism.
1.2)
Literature Review: -
1. Cyber
Terrorism in India: A Physical Reality or Virtual Myth by Shiv Raman, Nidhi
Sharma. The researcher refers to this article to understand the seriousness
about cyber terrorism. This article talks about this history as well as various
cyber terrorist attacks around the world. The article also covers various lws
to tacle the offense of cyber terrorism under the ambit of Indian law. [2]
2. Legal
Dimensions of Dreaded Cyber Terrorism in India by Maneela Bansal. The article
gives in-depth research about the various cases that India has been a subject
or victim of with respect to cyber-terrorism, which the researcher has used to
understand how serious of problem is cyber-terrorism in the country of India.[3]
3. CYBER TERRORISM IN INDIA by Ankit, Dr. Harshita thalwal.
This article has been used by the researcher for a better understanding
on the legislative framework in India with respect to cyber-terrorism in India. The article covers various steps that were
taken by the government with respect to controlling cyber terrorism in India.[4]
4. CYBER WARFARE AND CYBER TERRORISM by Medha Surabhi. This paper talks deeply about the
similarities of cyber warfare and cyber terrorism. And the factors casuing
these attacks. The researcher has referred the article for the same. [5]
5. Cybersecurity and Threats:
Cyberterrorism and the Order Today by Rebant Juyal. The article examines cyber terrorism can be called as
a subset of cyber threats and also aims to analyse the constitutional duty upon
the policy makers of the country to protect the cybers-space. The researcher
refers to this article to understand, why is there a constitutional obligation
to protect cyberspace. [6]
6. Emerging Cyber Security India’s
Concern and Threats by Aadil Ahmad Shairgojri and Showkat Ahmad Dar. The Legal paper examines about the
threat of cyber security in India. The article also talks about the sectors
that can be affected by Cyber-attacks. The researcher has referred to the
research in order to understand about the sectors that can be affected by cyber-attacks.[7]
7. Growing Menace of Cyber
Terrorism-Challenges and the Way Forward by S. Maanasa and Aswathy Rajan. The research gives knowledge about
the concept of cyber - terrorism. The research talks about the need for new
laws revolving around cyber-terrorism. the challenges associated with the
current laws. The research also talks about the measures to be taken to deal
with cyber-security challenges and the researcher has referred the article for
the same.[8]
1.3)
Research
Problem –
As per the reports of the year 2023 which was based on the
subjected “India Threat Landscape Report” and was published by a cybersecurity
firm called Cyfirma which is based in Singapore, India is one of the most
targeted countries globally. It faces upto 13.7% of all the cyber-attacks. This
may be a big issue in India if not addressed immediately. The study is about the current cyber-terrorism laws and its
effectiveness. The researcher questions if there is a requirement of better
cyber-terrorism laws in India.
1.4)
Research Questions
1
What are the various interpretation on cyber-terrorism and has India been
a part of any cyber-terrorist attacks?
2
Are there any cyber -terrorism law in India and if so, are they effective
enough?
3
Is there a need for an updated and much more stringent legislation to
deal with cyber-terrorism?
1.5)
Objectives
·
To analyse the concept
of cyber- terrorism.
·
To examine the current
laws revolving around cyber terrorism.
·
To study about the
cyber-attacks which India were a part of.
·
To analyse if the current
laws on cyber terrorism are adequate enough
1.6)
Hypothesis
The hypothesis that the
researcher is assuming for this area of research is that the country of India
does lack proper laws to fight cyber- terrorism issues.
1.7)
Scope and Limitation of the Study
To study about the concept of cyber
terrorism and the laws revolving around it in India as well as aiming to
suggest if there is a scope of better cyber terrorism laws in India. The
limitation of this paper shall be with respect to whether there is a need of strict
cyber terrorism laws in India.
1.8)
Methodology of the Study
The research will follow the
doctrinal method as it is mostly influx of data from various places. The
sources are mostly secondary. We have consulted as many sources of books and
Journals and also different articles and lectures of leading legal thinkers
from India and around the world. Original articles and books by leading
thinkers on the respective ideologies are the most important all the sources.
The following methods will be relied upon to fulfill the objectives of the
study and collection of necessary data. In addition, various case laws both
Indian and Foreign are referred which involves this construction.
1. Study of
the existing books.
2. Primary and
secondary source of books and journals.
3. Internet
sources.
4. Visiting
the different libraries.
5. Listening
to the lectures of leading jurists
CHAPTER 2 –
STUDY OF THE CYBER STRUCTURE AND ATTACKS IN INDIA
Digital Structure of India
India is a at the stage where there
is a rapid rise in the increase in the digital economy. The digital
infrastructure is gradually increasing. This strong infrastructure shall also
support in the building of a robust economy. But this can also be hindered due
to cyber-attacks in India.
The strong growth of the digital
infrastructure portrays the growth of the country towards a developing economy.
Various factors such as technological
advancements, government initiatives, increasing the access of Internet and the
support towards the growing digital economy. This is happening because of the below reasons
–
1.
Digital
India Initiative- This was one of the programs that was launched by the Indian
government with the aim to transform the society by empowering it digitally. It
focuses on various areas which includes the strengthening of the digital
infrastructure, increasing of the digital literacy. This is the first step
towards the shaping of India’s cyber security infrastructure.[9]
2.
Digital
Payments – this is one of the most remarkable achievements in the Indian
Digital Economy. India has seen a rise of digital payments since
demonetization. But what has been more remarkable is the access that citizens
got through these digital payments. There has been a vast increase in bank
accounts. From big businesses to small vendors are using accepting digital
payments. This technology has enhanced the cyber structure of the country.
Cashless transactions have also helped as they were considered as a curb towards
the elimination of black money.[10]
3.
E-
Governance - India has been promoting the digital structure through enhancing
digital platforms through the delivery of public services. Projects like Aadhar
Biometric identification, Unified Payments Interface (UPI) contributed majorly in
increasing the efficiency in various sectors which contribute to the
development of India’s cyber structure.[11]
4.
Digital
Connectivity – India has gradually developed with respect to their internet
services. It has gradually increased from 2g to currently 5G, but what is
remarkable is the access of this to users. There has been a surge in the number
of digital users. Companies like Reliance have also played a major role
regarding this. Jio a subsidiary of reliance was launched which gave free
internet services through their Sim which increased the users.[12]
These initiatives are playing a major
role in the development of a robust digital structure of the country. Till date
it can be said that the programs have bought successful changes in the
strengthening of the digital structure. IT has been embedded in various
services such as health, education, banking and agriculture as well.
India’s Vulnerability to Cyber
Attacks –
India has been pushing the limits of
its digital infrastructure. India was having a steady advancement in the
digital sector but the pandemic had boosted the need of heavy digital
advancements.
There had been an extensive increase
in the digital networks, but there has been a major concern that had come up on
the parallel road. That is the concern of security. The security threats are can be considered as
key factors that could affect the digital infrastructure of the Country. Maintenance
of security is the most crucial factor, because when the digital infrastructure
is growing, if no adequate measures are taken to safeguard, then that hinders
the growth and affects the digital infrastructure. [13]
Types of security concerns or cyber-
attacks that India may be or is being subject to –
1. Hacking – Hacking refers to the act
of making an attempt to enter a computer network with having authenticated
authorization, the offence also includes the offender corrupting the device of
the victim by uploading malicious content on the device such ascomputer,
laptop, smartphone, Tablet of the victim. Hacking can also cause leaking of
private data. which in turn may affect the significant life of the user. being
a victim of hacking can lead to the loss of private and important data or it
can also lead to financial loss.
2. Phishing – Phishing is a type of
fraudulent activity that involves stealing information related to the person's
banking account card details via email.
3. Vishing (Also Known AsVoice Phishing)
– The Banking account details are taken by offender through the means of a
telephone. This is one of the most common type of scam in India. people who are
not digitally literate can be victims of such crimes.
4.
Identity
Theft - – Impersonation of an individual who is on the internet or creation of
an identity which is fake in order to acquire information from any individual
is known as identity theft.[14]
The biggest security concern that
could have strong impact on the growth of the digital sector as well as affect
other sectors in turn which can affect the economy is cyber-terrorism.
Cyber Security can be analyzed from
four different perspectives. These perspectives are, the missions with respect
to cyber terrorism, the methods that are followed by the aim of cyber
terrorism, the results of these cyber terrorism attacks and the role of laws in
combating the same.
The targets of cyber- terrorism are
as below -
1.
The
crime is committed to communicate a message which is particularly destructive in nature to the
target governments.
2.
The
different types of methods which are deployed to communicate their message, through
the use of cyber space such as threatening emails, corrupting the government
websites, hacking of governmental systems or disrupting the civil society by destroying
the proper working of the digital information systems, etc.
3.
the
aim to affects the computers and the connected networks as to affect the entire
system being governed, so it could affect the target population as well as
create a threat.
4.
The
crime is motivated by religious, social and political ideologies.
India is a country which is still at
a developing phase. Crimes like cyber-terrorism are something that can target
India fueled by political, social or religious settings. The
digital infrastructure still has a long way to go ahead for the development of
robust security features. [15]
Effect of Cyber-terrorism attacks in
India
Cyber-terrorism was one of the key
factors that had played a role in the Attacks of 26/11.
The investigation of the attacks that
happened in Mumbai on 26 November, 2008 had revealed that communication took
place took place between the terrorists using the help of cyber space. The use
of cyber- space in order to communicate helped the terrorists to get familiar
with the areas they were targeting as well as the population with respect to
the same areas, which resulted in panic in the entire nation and loss of lives
as well.
During July 2011, there was usage of digital
technology for the committing of bomb blasts in the market which was in the area
of in Jhaveri Bazaar, Mumbai. During the year of 2010, another bomb blast
happened in Varanasi, and upn investigation it came into light that there was cyber
communication that took place in order to facilitate the blast.
A huge impact was created due to
which the Government of India took strong steps to strengthen the
infrastructure of the cyber security network in the country. This included
measures to be taken to prohibit terrorist activities and their utilization of
cyber space. This was done by amending the Indian information Technology Act,
2000.
In the country of India, extremist
activities are carried out to disrupt the sovereignty and integrity are
regulated by the Prevention of Terrorism Act, 2002 (repeal ordinance, 2004),
besides there are various provisions under the Indian Penal code, in chapter
VI, that deals with offences against the State.
The main focus of these legislations
is to restrict and make an attempt to curb the activities of terrorists in the
country. They also placed regulation which would give authorization on the
forensic evidences that can helping tracing the motive behind, the attack plan as
well as the mastermind behind these activities and the people who are recruited
to execute these plans.
As the trajectory of digital
communications is on a rise, the Indian Evidence Act has also been updated and
has started accepting cyber forensic specimens as evidences for extremist
ideologies and activities. [16]
The IT Act, 2008 shows that aspecpt
of cyber terrorism with respect to the provision of section 69 F[17], but
has failed to give recognition the proper meaning of terrorism or the terrorist
activities through the use of cyberspace. The law has stayed a shadow of the
existing anti -terrorism legislations. Vandalizing activities on the cyber
space can also be fallen under the ambit of cyber terrorism, but the
communication being carried out in order to which is being carried out to disrupt
the peace of a civil society cannot be ignored.
Cyber- Attacks in India
In the recent times of globalization,
not only for a developing country like India but the other countries also face
the issue of Cyber Threats. India has been facing a number of cyber – attacks.
India’s developing digital
infrastructure is also inviting equal number of troubles which are to be deal
with. In the year of 2023, India had received 2,138 weekly attacks per
organization, compared to the year of 2022, the cyber-attacks have increased by
approximately 15%.[18]
From the statistics, it can be
interpreted that India is being a subject to Cyber-attacks from all around the
world. This would highlight the need for stringent legislations with a quick
approach to punish the people committing these crimes, as to portray to the
external threats that the development of the country cannot be hindered.
Sectors that can be affected by
Cyber- attacks –
1.
Defense
Sector of India –
India’s armed forces is one of the
strongest forces around the world. The industry is robust and does not lack
resources. The increase of reliance on modern technology has also affected the
defense industry of the country. If not
having strict security measures, it would put the country at risk. In the year
of 2012, a group of hackers had aimed to hack the eastern command computer
systems installed in the Indian Navy.
They had supervision over the missile tests of the submarine, infected
systems had sent documents and data to Chinese IP addresses. Till date it has
not been revealed as to what data had been leaked. There is a requirement of
real time cyber defense to protect the data. These kinds of issues half the
time would not even come to light. This is why there should be legislations
where the leaks are to be restricted and reported as well.[19]
2.
Finance
–
India is growing country. The
integration of the financial system and the digital infrastructure can be
considered as one of the most remarkable achievements. This is also helping in
the boost of the economy as well. But the reliance on this has introduced new
concerns. Hackers are highly motivated with the idea of financial gain. This is
gives them the incentive to hack back accounts for money. This has happened several times in the past as
well. But at the current times, India’s financial sector is on a rise. These
are the times where there are to be guidelines on protection of the financial
sector, and there are to be strict laws to be set up. These laws should permit
the ethical hackers working for the government to trace back to the hackers and
equivalently punish these people as a measure. Setting up such laws and actions
would cause fear to commit such crimes.[20]
3.
Health
care system –
India is building a robust health
care system. This has included the integration of the digital infrastructure to
the health care system. Cyber-attacks on health care organizations could lead
to breach of data, ransomware attacks, which could pose as a risk to public
health and safety. Medical records of patients are personal and leaking them
could be affecting the lives of the patients.
4.
Small
and Medium Enterprises (hereinafter referred to as MSMEs) –
These businesses are what fuel the
Indian Economy. Cyber-attacks on MSMEs could lead to potential breach of data
as well as heavy financial losses. These losses could be critical to the
functioning of the businesses. It is one of the major sectors that is to be
protected in order to fuel development for the country.
5.
Individual
Customers –
a common man is vulnerable to a
number of cyber- attacks. These cyber-attacks may include being a victim of
hacking, it could be that he is a victim of identity theft, malware theft or
phishing. These kind of cyber-attacks on individuals would result in causing
financial loss, privacy breach, personal safety would be put at jeopardy.
6.
Government
and Public Services –
Government agencies such as the CBI,
central and state governments, as well as municipal bodies, are targeted by
cyber-attacks as the attackers seek to steal sensitive information, with the
aim to disrupt government operations, and undermine public trust on the
government. Cyber-attacks on government institutions have the potential to
compromise the trust on national security, it would disrupt essential services,
and impair governance functions.
7.
Educational
Institutions –
Educational institutions such as
schools, colleges, and universities, also pose as a target as by the launch of
by cyber-attacks on them would be as to seeking to steal sensitive research
data, personal information of students and faculty, and have the potential to
disrupt academic activities. Cyber-attacks on educational institutions can
damage institutional reputation, and disrupt learning environments.[21]
These are only few of the sectors as
pointed out by the researcher. But there are many other sectors which can be
victim of cyber-attacks. The attack on these sectors would cause massive
disruption to the order of peace and civil in the society, which cannot be
afforded. If any heavy damage is done to any of the pointed-out sectors by the
researcher, the loss could be unbearable. This would affect the development of
the country, and the loss that is caused can be to an extent that will can be
non-recoverable. This highlights the need as to why there is a requirement of
much stringent laws in regard to cyber terrorism.
Protection of these sectors is a high
necessity. It requires a multilayered
approach to ensure maximum protection.
This would involve formulating cybersecurity policies on companies and
imposing them on companies so it could be followed. There should be collaborations between
government agencies and cyber -security companies to develop robust cyber –
security features. All the sectors while growing should be being built with
cyber-resilience. There should be regulations being dealt with the same.
CHAPTER 3 – ANALYZING THE
DEFICIENCIES OF THE CURRENT CYBER LAWS AND SUGGESTION ON IMPROVEMENT
The government has taken initiatives
to protect the digital space. The Information Technology Act which was
initiated during the year of 2000 is considered as the foundational legislation
which governed the cyberspace jurisdiction.
The below sections of the IT act,
2000 talks about the sections that cover the offenses related to cyber
terrorism or cyber-attacks.[22]
·
Sec. 66: Computer related offences including Hacking.
·
Sec. 66A: Punishment for sending offensive messages
through communication service etc.
·
Sec. 66C: Punishment for Identity theft.
·
Sec. 66D: Punishment for cheating by personation by
using computer resource.
·
Sec. 66F: Punishment of Cyber Terrorism.
·
Sec. 69: Power to issue directions for interception or
monitoring or decryption of any information through any computer resource.
·
Sec. 69B: Power to authorize to monitor and collect
traffic data or information through any computer resource for cyber security.
·
Sec.70B: Indian Computer Emergency Response Team to
serve as national agency for incident response.
·
Sec. 84B: Punishment for abetment of offences.
·
Sec. 84C: Punishment for attempt to commit offences.
·
Implementation of Information Technology (IT) Security
Guidelines, 2000.
·
The Information Technology (Procedure and Safeguard
for Interception Monitoring and Decryption of Information) Rules, 2009.
·
The Information Technology (Procedure and Safeguard
for Blocking for Access of Information by Public) Rules, 2009.
·
The Information Technology (Procedure and Safeguard
for Monitoring and Collecting Traffic Data or Information) Rules, 2009.
·
The Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules,
2011.
·
The Information Technology (Guidelines for Cyber Cafe)
Rules, 2011.
·
The Information Technology (Electronic Service
Delivery) Rules, 2011.
·
The Information Technology (National Critical
Information Infrastructure Protection Centre and Manner of Performing Functions
and Duties Rules, 2013.
The government has been pushing
beyond limits to improve the digital infrastructure. It can be seen that the
digital access has been increased to citizens as well. Cyberspace interacts
with economic, business and every major sector of India. For achieving India's aims
of the cyberspace keeping in mind their sovereign, economic and business
interests in the cyberspace, the government has to make stringent legislations
and cybersecurity reforms. There should be development of new mechanisms and
reform steps and they are of high need to be introduced with the main focus on
the constitutional duty of the state under Article 19(1)(g)[23]
and Article 355[24] of the
Indian Constitution.
In the year of 2008, the Information
Technology Act had been amended in order to incorporate provisions with respect
to cyber terrorism. However, from the year 2008 till the year of 2021, the
exploitation of cyberspace by terrorist organizations or any group with the
initiative to disrupt the peace in the society has undergone a robust
systematic transformation. The evolution of destructive technologies with the
conglomeration of technology has made the ideology of cyber terrorism highly
complex to deal with. Cyber terrorists utilize creative ways in order to
exploit the use cyberspace for the radicalization of youth and to trigger
cyber-attacks which can cause destruction on a very high scale.[25]
The legislation can be called
outdated. The cyber laws have been enacted years ago, but there have been rapid
advancements in technology till date and the advancements continue to do so.
Though the advancements have been made for the betterment of society, it has
also given rise to complexities and cyber threats. The legislation needs to be
continuously updated to keep pace with the emerging cyber threats.
The biggest issue with the Information
Technology Act, 2000, the Indian Authorities have the jurisdiction to
investigate and prosecute only those cybercrimes which occur within its
territorial boundaries. But cybercrimes can transcend geographical boundaries.
This make it a challenge to determine the jurisdiction under which the
offenders can be prosecuted, if they operate from outside the country.
Issue with the Cyber terrorism Law in
India –
Cyberspace, has proven to be an
effective weapon for demolishing the national critical infrastructure of the
country or to threaten a government with the aim of extortion or meet demands made
by the terrorists. Cyberspace has the potential to cause destruction without
the risk of exposure to terrorists. The government should believe that
terrorists have the access to cyber technology which could be used by them with
malicious intentions. Government has the duty and obligation to invest
resources to install security measures to protect security measures and strict
regulations against cyberterrorism.[26]
Section 66F had been introduced with
the aim to cover the aspect of Cyber Terrorism and punishment for the crime as
well. The section includes all such activities carried with respect to
cyber-terrorism, that are considered as a threat to the ideology of the nation
include unity, integrity, sovereignty as well as security to the nation or also
create fear in the minds of people the unauthorised access to a computer and
cause damage to the computer grid.
These acts have the potential to cause
injuries to persons, cause death, damage or cause destruction of any property,
cause a hit on the essential supplies or services, and majorly damage the
critical information structure, it becomes an offence which is by nature punishable.
The punishment for this offence as per law is for a minimum of three years of
imprisonment which can also extend up to life imprisonment, which depends on
the gravity of the act.
The main issue with this section is that,
while this section makes an attempt to define the term “cyber-terrorism” it
fails to cover the entire concept of cyber-terrorism. It is impossible for just
one section to include all the actions that can fall under the ambit of
cyber-terrorism. For example, the acting
of using internet to brainwash or influence people towards terrorism can also
be under the ambit of cyber-terrorism.
This issue is not only with respect
to India, but there are other countries who are equally prone to the issue of
cyber-terrorism and have not come up with a clear definition nor has created a
tailored solution to deal with it.
On the domestic level, the term “cyber
security” from a legal perspective has to be widened and as per the Information
Technology Act, 2000 it must be stretched to cover various factors such as
cyber communication and any other relevant factors which aid the terrorists in
achieving success in their terror missions.
Thus, the researcher is of the
opinion that there is a need to update cyber security laws and widen the
coverage of Cyber-terrorism.
India has enacted several
legislations to address the issue of cybercrimes, but there are gaps and
inconsistencies. There is a need for a comprehensive and cohesive legal
framework to deal with various aspects of cybercrimes as well as
cyber-terrorism.
CHAPTER 4 –
CONCLUSION
These are the reasons as to why the
researcher is of the point of view there is a need for an updated legislation
as to covering the new aspect of cyber security issues and cyber- terrorism
issues. The Information Technology Act, 2000 lacks the features are as below –
Cyber-crimes are transcended across
boundaries. But the Indian legislation only has the jurisdiction to deal with
the cyber-crimes that are committed within the territory. The legislation in this regard has to be
upgraded accordingly.
The policy makers are long due to
consider enacting a new cybersecurity legislation, which should be solely
dedicated to deal with present-day cybersecurity challenges and has strong and
efficient guidelines to regulate all aspects of cybersecurity which should also
be inclusive of cyber-terrorism.
Cyber-terrorism should be considered
a matter of high importance as cyber – terrorism has the capacity to bring
destruction from the virtual world to the physical world. This is one crime for which universal
jurisdiction can and should be considered for being applied.
The administrators of the systems and
the government always need to be alert for any warning that they can receive
for any cyber-attack that could take place at any point of time.
There should be security guidelines
by the policy makers ensuring routine risk assessment of information
infrastructures that by law should be conducted on a regular basis and also be
given priority for proper risk management. There should be development of
policies based on cyber-warfare encryption.
Services related to E-governance
should be installed with additional security features. There should be a
creation of a cyber security agency which should act as for the protection of
government agencies and civil agencies which would improve the country's
resilience against electronic attacks, and also enhance the security measures.
Maintenance of systems should be priority by
instilling guidelines and regulations for the continuous check, it should
always be seen that the software and antivirus programs are always up to date.
There are active defense measures that should be adopted and should include,
finding the source of attacks and the legislations should be stringent to
impose serious risk and penalty, as well as counter attack measures. Each
attack should be analyzed and proper steps are to be taken to make sure that
these vulnerabilities are closed and cannot be a threat for the future
compromising the cybersecurity features or the systems as well.
India should also make an attempt to
make its laws and policies being complementary to the guidelines of
international conventions. This would help in building strong connections with
different nations all over the world. This would also eliminate the need of
jurisdictional issues. if conventions and treaties cover this aspect. There
should be a comprehensive analysis by the government of the needs and wants
regarding cyber security guidelines between itself and the various nations and
bais of that there should be comprehensive policy that should be formed and
abided by.
As there has been an increase in
digital access, the need for internet Literacy should also be increased, so
that each individual can maintain cyber security at their own individual level.
The best way to combat
cyber-terrorism can be by harmonizing the cyber laws of various countries
through joining or being a part of international treaties. This can be
considered a tremendously huge task. The initiation can be by adopting measures
such as sharing of data on terrorists, sharing new technologies between two
countries, quick response to bilateral requests and being of help to Interpol
and other international agencies.
It can also be seen that there is a
high need for each individual to maintain personal relationships to make sure
that the individual members of a family or their friends do not get influenced
by terrorist organizations like the ISIS. Young minds are more vulnerable to
fall for such influences and hence there is a need and obligation of parental
control and parental guidance in order to save them from falling to the acts of
being brainwashed by any terrorist organizations.
In Conclusion the researcher
interprets that, cyber terrorism can be seen as tool which could be used to
instigate terror through cyberspace. In light of the recent series of events
that happened India and other nations have been highly alarming. It may be
concluded that cyber-crime activities such as cyber terrorism, cyber warfare
and cyber-crimes, are of a matter of serious concern.
With the advancing of science and
technology, the world of cyber space aims to reach a level where is has the
potential to become a medium to propagate terror activities. It has become
important that the governments all around the world pay heed to the threat of
cyber-terrorism and take all measure steps in order to stop the menace.
National and international agencies are making efforts in order to build a safe
and secure cyberspace. The evolving nature of the cyber world requires scrutiny
and continuous upgrade in security measures.
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[6]Manohar Parrikar Institute For Defence
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[12] Journal of Positive School
Psychology http://journalppw.com 2022, Vol. 6, No. 2, 284 – 290
[13] ] Dr. Shrish Kumar Tiwari, Cyber
Crimes: A Threat to Humanity, 2 HSSR 1, 94-101 (2014)
[14] 2020 IJCRT | Volume 8, Issue 11
November 2020
[15] Maneela Bansal, Legal Dimensions
of Dreaded Cyber Terrorism in India, 3 CLJ 8, 20-22 (2010)
[16] Shaily Jain and Shrishti Soumya, A
Study of Acts of Terrorism through Cyberspace in India: Prevention and Remedies
dealing with Cyber and Technology related crimes, 1 DPILJCC 3, 1-16 (2016)
[18] Pti. (2024, January 22). India
witnesses 15% rise in cyber attack cases in 2023. mint. https://www.livemint.com/news/india/india-witnesses-15-rise-in-cyber-attack-cases-in-2023-emerges-as-2nd-most-targeted-nation-11705939863447.html#:~:text=Organisations%20across%20the%20globe%20experienced,per%20cent%20surge%20since%202022.
[19] Emerging Cyber Security India’s
Concern and Threats Aadil Ahmad Shairgojri1* , Showkat Ahmad Dar2 1Research
scholars of Political Science & public administration Annamalai University
Tamil Nadu, India
[20] ibid
[22] Information
Technology Act, 2000
[23] Article 19 (1) (G) Freedom to
practice Profession, Occupation, Trade or Business
[25] Somya, S. (n.d.). Cyber
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Resources.
https://www.legalserviceindia.com/legal/article-8949-cyber-terrorism-and-laws-in-india.html
[26] Narula. S and Jindal. N, Social
Media, Indian Youth and Cyber Terrorism Awareness: A Comparative Analysis, 5
JMCJ 2, 1-4 (2015)
Article Information
STRENGTHENING INDIAS CYBER DEFENSE: THE IMPERATIVE FOR ENHANCED CYBER LAWS AND COUNTERTERRORISM MEASURES
Authors: PRANAV DEEPANKAR KETHINENI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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