Open Access Research Article
EMERGING THREATS AND LEGAL RESPONSES OF CYBER WARFARE
Published Paper
Article Details
EMERGING
THREATS AND LEGAL RESPONSES OF CYBER WARFARE
AUTHORED BY - SIMAR KAUR CHAWLA
Abstract
The emergence of cyberwarfare has
completely changed the way war is fought, raising doubts on the traditional
views about international law and warfare. This research examines the new risks
that cyberwarfare poses in the current scenarios. This paper also delves into
the legal frameworks controlling cyber operations and evaluates how well they
match the difficulty of existing cyberthreats. This study also examines how
international organisations and legal frameworks contribute to the improvement
of cyber security and stability. This paper also tries to make the people aware about
the types of cyber war attacks. The study also analyses the effectiveness of legal
actions and defensive measures implemented by countries and the international
community to reduce the threats posed by cyber warfare. It also looks at how
new developments in artificial intelligence, quantum computing etc will affect
the nature of cyberwarfare in the future and the laws that will govern it.
In the end, this research advances
our knowledge of the dynamic nature of cyberthreats and the need for strong
legal defences to protect national security, respect international law, and
maintain the stability of the global cyberspace.
Keywords:
Cyberwarfare, Cyber-attack, Cyber
Threats, Cyber Space, Cybersecurity, Cybercriminals
Introduction
Cyber Warfare is a cyber-attack
by a foreign country towards any other country or organisation with the aim to
disrupt or damage their infrastructure, computer systems or information network
with the use of computer viruses, malwares, etc. The main aim for cyber warfare
is not financial gain but to weaken the country or the enemy state or any
organisation. Since cyber warfare is a series of cyber-attacks, we must know
what cyber-attack means. Cyber-attack is the attempt to get unauthorised access
to another’s computer network with the intention to destroy, damage, disrupt
these networks and also to meddle with and tamper the data stored in these
computers or electronic devices. There is no universal or one clear definition
of cyber warfare and there is even a debate going on among the cyber security experts
as to what cyber-attack constitutes a cyber warfare.[1] The cyber warfare takes place in the cyber
space which is virtual world with interconnected computer network systems or
electronic mediums which are used for communication, transfer of data,
interaction among people from all over the world, sharing ideas, playing games
etc. Cyber security is one of the most difficult challenges in cyber space and
when this security is not taken care of then this results into cyber-attack and
cyber warfare.
Background
The world has evolved a lot with the help of
information technology. This information technology has brought people closer
to each other irrespective of their geographical boundaries. This has no doubt had
a lot of advantages and it has helped many economies in developing but it has
also created challenges for cyber security. There have been quite a few
instances of cyber warfare and it had a lot of disastrous impacts on the
economy and people of the particular country, state or organisation on which
the attack was made. The origins of cyber warfare can be traced back to 2010,
when Stuxnet was the first actual cyberweapon designed to cause physical
damage. A worm attacked Iran's nuclear programme. It is one of the most
advanced cyber-attacks in history. Malware transmitted through infected USB
devices, which targeted data collecting and supervisory control systems.
According to most sources, the attack severely harmed Iran's ability to produce
nuclear weapons.[2]
This May 2014, Russia vs. Ukrainian
election commission: Three days before Ukraine's presidential election, a
hacking gang based in Russia brought down both the election committee and its
backup system. The attack was intended to cause confusion and promote the
pro-Russian candidate. June 2015, Russia vs. German Parliament: German
investigators revealed that hackers had hacked the Bundestag's computer
network. The BfV, Germany's domestic intelligence organisation, later stated
that the attack was carried out by Russia and said that they were looking for
information on the operations of the Bundestag, German politicians, NATO, and
other. May 2017, WannaCry: This attack is believed to have affected over
200,000 machines in 150 countries. WannaCry was a type of ransomware cryptoworm
that attacked systems running Microsoft Windows. June 2017, NotPetya: This is
the first major incidence of weaponized ransomware. The NotPetya
software was camouflaged as ransomware, but its ultimate objective was to
delete files. While the attack began in Ukraine, it swiftly went globally. It
is unclear how much damage was caused during this strike, although it is
thought that the overall loss exceeded $10 billion USD.[3]
Sony Pictures Hack- Following the
theatrical release of movie "The Interview," which depicted Kim Jong
Un negatively, an attack was launched against Sony Pictures. The attack is
blamed on North Korean government hackers. The FBI discovered commonalities
with prior North Korean malware operations, such as code, encryption methods,
and data destruction mechanisms.[4]
Cyber Attack on Indian
Healthcare Websites
- In 2019, cyber-attacks targeted Indian healthcare websites. According to
cyber security organisations based in the United States, hackers broke into and
infiltrated a major healthcare website in India. The hacker grabbed 68 lakh
details of patients and doctors.[5]
The objective of cyberwarfare is to weaken,
destroy, and damage another nation. Cybercriminals use a variety of
cyberwarfare techniques, including destabilisation, to target nation-state
governments by breaking into their systems of banking, transportation, water supply,
power supply, hospitals, and other infrastructure. By attacking through infrastructure,
they can easily disrupt the working of the nation. These cyberwarfare attacks
have various effects. Just as mentioned about the sectors like banking can have
serious effect of the cyber attack like there could be a huge financial loss
and if the data of the banking companies is stolen then it can cause huge
losses to the banking company and it will prove to be a very big problem for
the economy. Same way the hackers can also disrupt the transportation system by
hacking the technology. This all can lead to delay in transportation facilities
provided to the civilians like delay in trains etc.[6]
There has been a
significant evolution in the nature of cyber threats over the time period. Cyber-attacks
are not just limited to random pop-ups on our screens or fake emails it has
evolved a lot to data breaches, cloud vulnerabilities, phishing etc. The main
reason for these new threats is the fast-developing technology. One of the best
examples for this new evolving technology is the AI which has imposed a serious
threat on the virtual world and is helping the cyber criminals to launch
attacks more easily.
Types of Cyberwarfare attack
Espionage: It involves keeping an
eye on other nations in order to obtain secrets. In cyberwarfare, this can mean
hacking into computer systems that are vulnerable by using spear phishing or
botnets, and then stealing sensitive data. This attack is often considered same
as the cyberwarfare but its different as the main aim of cyberwarfare is to
disrupt the activities of the nation-state but the main aim of espionage is to
stay inside the network system for as long as possible and steal their data by
spying on them.[7]
·
Sabotage: Government
organisations must identify sensitive data and the dangers associated with its
exploitation. Foreign governments or terrorists may steal information, destroy
it, or exploit insider threats such as dissatisfied or negligent personnel, or
government workers with ties to the attacking country.
·
Denial-of-service
(DoS) Attack:
DoS attacks prohibit actual users from visiting a website by flooding it with
false requests, forcing the website to handle them. This form of attack has the
potential to interrupt important operations and systems, as well as prevent
individuals, military and security professionals, or research organisations
from accessing sensitive websites.
·
Propaganda
attacks:
These attacks aim to influence the minds
of those residing in or fighting for a specific country. Propaganda is commonly
used to disclose uncomfortable truths, propagate lies to destroy people's
belief in their government, or align with their enemy.[8]
·
Data
Theft-
In an attack like this these cybercriminals steal the sensitive data of the
individual and hold it for ransom or sell it or they can even destroy these
important, sensitive data.
People and organisations
can protect themselves from these cyberwarfare attacks. The first thing that
needs to be done to prevent from becoming a prey to these attacks is to create
awareness among the organisations and the people about the various cyber-attacks
that are prevailing in the cyberspace and how dangerous their impacts can be.
People can protect themselves from these attacks by downloading cybersecurity
software’s which are easily available, protect the data with the help of
two-factor verification so that it becomes difficult for the attacker to gain
access to your personal data etc. With increasing cyber-attacks there is also
evolution of cybersecurity measures and these measures should be used by the
individuals to stay protected from these attacks.
Emerging Cyber Threats
New cyber threats are
emerging everyday due to the fast-growing technology. Due to these fast-evolving
technologies it has become easy for the attackers to exploit the cyber space
and these attackers can be anyone be it a state or an individual hacker or even
a group. It is very difficult to keep pace with such evolving technology. Some
examples of evolving cyber threats are:
·
Advanced
Persistent Threat (APT)-
These are cyber-attacks conducted by a single or a group of experienced cyber
criminals. The main motive of this type of attack is to get inside the network
systems and to steal as much data as possible. This attack is not just to get
in and out, during this attack the intruders try to stay in the network as long
as possible and after they establish a foothold then they try to gather as much
data as possible without getting caught and even try to expand their area.
These attacks are sometimes even sponsored by the states. After the intruders
have collected enough data, they extract the data from the network without
being detected with the help of white noise tactics. These attacks are used as
cyberwar weapons.[9]
·
AI-Powered
Attacks-
AI is now being used as a cyber security weapon. It has the mechanism to detect
cyber-attacks and helps to prevent it. On the other hand, cybercriminals are
using this technology to enhance the effectiveness of their attacks. So, on one
hand it is helping in preventing cyber threats and on the other creating new
ones.
·
Supply
Chain Attacks-
This is a type of attack in which the cybercriminals attack the third party that
is the supplier of that particular company to get access to the company’s data.
These attacks can be done on software providers or cloud storage providers etc.
These suppliers become an easy source to get unauthorised access to a
particular organisations network system and data and so are prone to these
attacks.
·
State
Sponsored Attacks-
State-sponsored cyberattacks are digital operations carried out or sponsored by
national governments for political, economic, or military goals. These attacks target
government organisations, essential infrastructure, military systems, or
private businesses. Attribution of state-sponsored attacks is frequently
difficult due to the use of proxies, false flag operations, and complex
tradecraft. This is also a weapon of cyber warfare.
·
Internet
of Things (IoT)-
It is a network of interconnected devices which facilitated communication
between the devices. IoT is going to be an essential element in future because
these devices do not have a strong security system which is a drawback and
which is a loophole for the cybercriminals to attack on these devices for
example security cameras. It becomes necessary for the organisations to have a
strong security software for these devices which will prevent cyber threats
related to these devices that is IoT. They can even use two factor verification
for more protection.
Legal Framework
There was an urgent need
for special cybersecurity legislation in light of recent technological
advancements and emerging cyberthreats. India adheres to the Information
Technology Act, 2000, which was revised in 2008 and is currently known as the
Information Technology Amendment Act, 2008, as the country lacks specific
cybersecurity legislation.
We'll talk about a
couple of this act's crimes and its provisions that address cybersecurity and
are related to cyberwarfare.
·
S.43-
Penalty and compensation for damage to computer, computer system, etc.
(Amendment vide ITAA-2008):
This section talks about the provisions regarding unauthorised actions and
access relating to computer and computer networks. It prohibits individuals from
accessing the computer or its networks without proper permission and also
prohibits downloading or extracting information without authorisation. It
prohibits the individuals from introducing any virus into the computer system
or damage the computer, database or its programs. It also prohibits the
individuals from manipulating any data that is deletion or alteration in the
information stored in the computer or its system is prohibited. S.66 mentions
the punishment to be given to a person who does any act prohibited under
section 43 and that he shall be punished with imprisonment for a term which may
extend to 2-3 years or with fine which may extend to 5 lakhs rupees or with
both.[10]
Chapter XI of this amendment act is OFFENCES
and has some crimes and its provisions related to cyberwarfare:
·
S.66C-
Punishment for identity theft: Anybody found to have used another person's password,
electronic signature, or other unique identifying feature dishonestly or
fraudulently faces up to three years in prison and a fine of up to one lakh
rupees.[11] During cyberwarfare the
attackers try to steal the sensitive data from the computer networks which also
can be unique identity information or a data base of passwords or digital
signatures. The attackers may use this information for identity theft and can
be punished under this section.
·
S.65-
Tampering with computer source code: If someone is found to have
purposefully concealed, destroyed, altered, or caused another to do so with
respect to any computer source code used for a computer, computer programme,
computer system, or computer network and the source code is required to be kept
or maintained for the duration of the law, they could face up to three years in
prison, a fine of up to two lakh rupees, or both.[12]
National
Cyber Security Policy, 2013:
With the goal of safeguarding India's information infrastructure from online
attacks, this strategy establishes a framework for cyberspace security.
Although the strategy doesn't specifically define terms that relate to
"cyberwarfare" in the traditional sense, but it does establish a
number of important objectives and strategies meant to improve India's
cybersecurity position. The policy tries to create a secure cyber ecosystem to
insure the safety of the cyberspace. To effectively reduce cyberthreats, it
involves cooperation between governmental bodies, businesses, academic
institutions, and international organizations. This policy also encourages the
need for more skill development in the cybersecurity professionals so that they
become more capable to prevent the cyber-attacks and cyber threats.
Challenges in
enforcing cyber related laws
·
Problems
with attribution:
It is frequently difficult to correctly attribute cyberattacks due to the
complexity and the involvement of numerous countries in determining the genuine
origin and identity of cyber attackers.
·
The
cross-border nature of cybercrime: Cybercriminals can operate from any area with an
internet connection, as cybercrime has no geographical bounds. It can be
difficult and time-consuming to coordinate investigations and enforcement
activities across international borders.
·
Restricted
Technical Knowledge:
It's possible that courts and law enforcement organisations lack the resources
and technological know-how necessary to adequately investigate and prosecute
cybercrimes. Technological complexity is a common tool used by cybercriminals
to avoid detection and prosecution.
·
Ambiguity
in Jurisdiction:
Due to the international character of cyberspace, there are concerns regarding
national laws' applicability to cross-border cyber activity as well as
jurisdiction. It can be difficult to establish jurisdiction and decide which
laws apply, particularly when there are international individuals involved.
·
Data
Privacy Issues:
A major problem lies in creating a balance between need for law enforcement to
have access to electronic evidence and people's right to privacy. It is
difficult to obtain access to protected data and electronic personal
communications for investigation purposes while maintaining privacy rights.
Gaps in the
current legal framework
·
Lack
of Harmonization:
Legal frameworks relating to cybersecurity and cybercrime are very different in
all the countries which leads to inconsistency. Improving cooperation globally
and harmonizing legislation are necessary to effectively overcome cross-border
cyber threats.
·
Insufficient
Cybercrime laws:
Due to the lack of comprehensive cybercrime laws there is a gap which is
preventing us to tackle the problem of cybersecurity. There is a need for
robust laws to fight against cyber-attacks.
·
Lack
of International Cooperation: International cooperation that is cooperation among
various countries is very essential to fight against and to prevent cyber-attacks.
The existing international cooperations are insufficient and slow and hinders
the coordination among countries.
These are some of the
gaps in the current legal framework that needs to be filled which will make the
country sufficient in itself to fight against all the cyber threats in future.
Submission
In conclusion, the
research paper on emerging threats and legal responses on cyberwarfare has
shown how cyberwarfare has changed the notion of warfare and international law.
It shows how with evolution of time and technology these technological changes
have posed a significant threat to the cyberspace and cybersecurity. Through
the analysis of present legal framework, we get both its strength and weakness
in tackling the problem of modern cyber warfare. Through this paper we also get
the idea about the emerging cyber threats. Anticipating and minimizing the
risks associated with future cyber threats is essential as we manage the
effects of developing technologies like artificial intelligence, quantum
computing, and the Internet of Things. This study emphasises how important
strong legal measures are to maintaining cyberspace stability, promoting
international coordination, and protecting national security. The evolving
nature of cyber threats demand flexibility in adapting with the new challenges
both nationally and internationally. From the researcher’s point of view, I
would like to recommend that a separate and robust legislation should be made
for all cyber related matters be it an attack or a war. Its hight time that it
is made because with new cyber attacks coming on a regular basis it becomes
very difficult to legally deal with them without any proper legislation. Only
with a proper legislation will victims of cybercrime be able to get justice.
*Ms.
Simar Kaur Chawla, Student BBA LLB 3rd year, Bharati Vidyapeeth
(Deemed to be University) New Law College, Pune.
[1] What is Cyberwarfare, TechTarget, (https://www.techtarget.com,
last visited-20/1/24,2:00PM)
[2] What is Cyber Warfare/Types,
Examples and Mitigation, imperva, (https://www.imperva.com, last visited-21/1/2024,12:35PM)
[3] A Brief History of Cyberwarfare, Gra
quantam, (https://graquantum.com/a-brief-history-of-cyberwarfare/, last visited-24/1/2024,1:20PM)
[4] Imperva, (https://www.imperva.com,lastvisited,23/1/2024,1:30PM)
[5] Kratikal Blog, (https://kratikal.com/blog/5-biggest-cyber-attacks-in-india/,lastvisited,24/1/2024,1:35PM)
[6]Dhanya Airen, Cyber Warfare And its
Impact Legal Service India, (https://www.legalserviceindia.com,last visited-24/1/24,2:10PM)
[7] supra note 1
[8] supra note 3
[9] Advanced persistent threat (APT), imperva,
(https://www.imperva.com, last visted-25/1/24,4:30PM)
[10] Section 43 of Information
Technology Amendment Act, 2008, No.10 of 2009(India)
[11] Section 66C of Information
Technology Amendment Act, 2008, No.10 of 2009(India)
[12] Section 65 of Information
Technology Amendment Act, 2008, No.10 of 2009(India)
Article Information
EMERGING THREATS AND LEGAL RESPONSES OF CYBER WARFARE
Authors: SIMAR KAUR CHAWLA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.