Background
The new-age world we live in today has witnessed, in recent times, rapid technological advances – more so in Cyber space and IT domain. Corporates and Consumers around the world are increasingly adopting new technology, while actively using artificial intelligence and cutting-edge scientific innovations in pursuit of the illusion of making human life more comfortable.
These technological innovations and scientific developments have brought about a profound transformation in society – so clearly visible in the radical changes in lifestyle and fast-changing shifts in our daily lives. No doubt, these have considerably helped to improve and raise the quality and standard of life of people from every strata of society.
Yet, there is a flip side to this technological windfall we all are benefitting from. Negative features have emerged from these new-age technologies that pose a serious challenge to man’s cherished pursuit of peace, tranquillity, stability and security in his daily life. Rising incidents of cyber-crimes have dented and diluted the benefits, putting in jeopardy an individual’s privacy and safety of assets.
The IT revolution also saw illegal methods being adopted – misusing technology and cyberspace for personal aggrandizement. Cyber hacking cases have increased exponentially in recent years, impacting Banking and Financial Services and Businesses around the world. Hackers have time and again carried out cyber-attacks to disable critical IT infrastructure. These have impinged on the very existence and sovereignty of states, while also changing the way wars are fought now.
Terrorist organizations and non-state actors around the world have leveraged IT and Cyberspace to pursue covert activities to disable national assets and critical infrastructure like power grids, transport network logistics and nuclear infrastructure.
Governmental agencies around the world, tasked with the responsibility to protect citizen’s privacy and personal data, have largely failed in neutralising this dangerous trend. One would be inclined to go with the consensus opinion that a lot more still needs to be done to safeguard the interests of citizens against cyber theft and cyber-intrusions.
Globally, authorities have been unable to frame adequately strong, binding and effective legal safeguards. Legislation to make suitable changes in law to combat cybercrime has failed to achieve the desired level of success.
India’s Cybersecurity Policy
India’s National Cyber Security Policy aims to develop bilateral and multilateral cyber security relationships through capacity-building support in this field. India’s cyber diplomacy places strong emphasis on upgrading skills and capacity; exchange and sharing of information and providing partner countries with access to technology for their national development.
Its main priorities include fostering strategic engagement with key partners and international organizations for enabling capabilities to respond to cyberattacks; and to jointly collaborate with partner countries to guarantee international security and a safe, secure cyberspace.
The Indian government aims to create and develop solid safeguards through dynamic policies to enhance the protection of India’s cyber ecosystem. India has borne the brunt of several cross-border cyber-attacks in the recent past – a direct threat to India’s internal security. International collaboration is one way of securing cyberspace.
The government’s Cyber Surakshit Bharat Initiative aims to raise domestic awareness about cyber crimes and create safety measures. It also seeks to focus on “skill development and training” in the next 4 to 5 years, for the creation of a talent pool of 500,000 IT professionals, having specialized knowledge and expertise in cyber security aspects. The public, telecom companies and other stakeholders are constantly notified of the need to use IT-enabled products from trusted sources only.
Agencies like the Defence Cyber Agency (DCyA) and the Indian Computer Emergency Response Team (CERT-In) have set up response systems to counter cyber threats, besides identifying vulnerable sectors in the country’s cyberspace. These and other allied agencies are also responsible for the Protection of Critical Infrastructure, conducting round-the-clock surveillance, and installing data encryption and data recovery systems to safeguard against cyber-hacks.
Global implications
Data protection and data privacy are critical issues in international relations, more so given the rapid expansion of cyber-space, the proliferation of global cyber activity across geographical boundaries, and the ever-increasing number of multinational technology companies.
Hostile hackers, spammers, and cybercriminals, who are a serious threat globally, have upped the ante, by resorting to cyber-attacks, ransomware attacks, identity theft, and data breaches – acts that cripple critical systems and cause heavy financial losses. Many other aspects of cyber fraud like money laundering and terrorist financing, seriously impact international banking, financial services and corporate business deals.
Mercenary elements in the form of Cyber hackers often operate with impunity under the guise of nation-states, posing serious risks to global security. Economically weaker and lower-middle-income countries are more susceptible to cyber-intrusions which could potentially have disastrous consequences for their weak fledgling economies.
Given the sheer magnitude and global spread of such cyber-attacks, it is difficult to precisely measure their disastrous impact. Yet there are estimations that cybercrime around the world amounts to trillions of dollars in losses annually to the global economy.
Fortunately, in recent times, there is growing recognition of the need to tackle this menace head-on. Governments around the world now invest more time, resources and funds in upgrading cyber-security systems and building safeguards to reduce the risks. Emphasis is laid on the protection of Intellectual property and combating security threats like financial frauds emanating from foreign lands. New technologies are being leveraged to augment global security and protection of national assets by improving defences against cyber threats.
International Law and Cybersecurity
International law has evolved and adapted to threats in cyberspace. Provisions and safeguards have been devised to strengthen cybersecurity and to contain or minimize the impact of cyber warfare. Sovereignty and Non-Intervention are the guiding principles for framing legal provisions on cyberspace activities. It also covers aspects of preventing data breaches and identity theft by protecting sensitive information from hackers, cybercriminals, and other hostile actors.
The biggest challenge facing cyber security diplomacy is the lack of uniform laws and clear-cut legal guidelines on data protection in different countries around the world. Questions get raised about the legitimacy, legality and jurisdiction of any potential measures envisaged under a common international cyber law.
While countries like the United States, Australia and The Netherlands rank high on the Global Cybersecurity Index (GCI), India figures very low in the pecking order. India lags primarily due to a dearth of critical infrastructure, under-achievement and gaps in adopting the “Digital Economy” and lack of robust, enforceable government regulations on cybersecurity.
The 2001 Budapest Convention on Cybercrime is a criminal justice treaty that aims to help countries investigate and prosecute cybercrime while providing a framework for international cooperation between police and judicial systems on issues of Copyright infringement, Computer-related fraud, Online Child pornography, and Network security violations. It attempts to harmonize national laws through international cooperation.
India has so far chosen not to join the Budapest Convention, taking the stand that sharing data with foreign law enforcement agencies would violate India’s national sovereignty.
India’s multilateral role
At the UN platform, India has advocated for global cooperation on cybersecurity, for harmonizing regulations, best practices, and benchmarks. India has participated in UN initiatives related to cybersecurity, including a 2022 meeting to discuss ransomware where India also chaired a working group on cyber-resilience. During India’s G20 Presidency, the grouping recognized cyber security as a critical component of the digital economy.
India has also been part of the Quad cybersecurity partnership and has supported initiatives on Secure Software, Cybersecurity of Critical Infrastructure, Supply Chain Resilience and Security.
Earlier this year, SIA India entered a collaborative partnership with ISAC – an international cybersecurity foundation.
The Way Forward
Cybercrimes have a debilitating effect on a nation’s economy and the society at large. We need to do our utmost to keep ourselves and the world safe from the predatory acts of both state and non-state actors in Cyber-space. International efforts need to focus on building a stable and secure domain for global Internet and cyberspace activities while guaranteeing the Rule of Law and the protection of democratic, fundamental and human rights of citizens across borders.
Policies on Cyberspace-related issues have cross-border and global implications, which make it incumbent on member states to actively maintain mutual coordination, collaboration and engagement.
The global community must collectively ensure the security of critical infrastructure and protect essential services like hospitals, energy grids, manufacturing facilities, transport logistics, airlines and railways from cyber-attacks. Governments must come together to establish uniform cyber norms, encourage ethical conduct of cyber activities, and collaborate in resolving crises triggered by hostile cyber acts.
The last word on CS must be left to the renowned cyber expert James Scott who once said – “There’s no silver bullet with cybersecurity; a layered defence is the only viable option.”
Let us hope for the sake of global security and the millions of internet users and citizens around the globe, nation-states will continue to collaborate and contribute to international efforts to keep our burgeoning cyberspace safe and protected.
Leave a Reply