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Technology, roughly speaking, is a process or method involving use of machines in general, which when applied increases the frequency, efficiency or speed of performing some act; such application resulting in a marked improvement in the state of affairs. Technology, then, is always a product of one's labour - physical as well as intellectual - and, hence, needs to be protected. In India, the internet started on a small scale but progressed well for a short time. However, its growth was slow and painful. Cybercrimes have become increasingly prevalent, with new kinds and manifestations of cybercriminal activities catching attention. According to the NCRB, India saw a rise of 24 percent in cybercrimes registered in 2022, as compared to 2021. There is therefore, a need to enact relevant government policies and cyber laws, which are necessary for regulating the cyber world in India. The legal system must play an important role in effectively regulating cybercriminal activities. The cybersecurity measures in India are quite ineffective.
Technology, roughly speaking, is a process or method involving use of machines in general, which when applied increases the frequency, efficiency or speed of performing some act; such application resulting in a marked improvement in the state of affairs. Technology, then, is always a product of one's labour - physical as well as intellectual - and, hence, needs to be protected. In India, the internet started on a small scale but progressed well for a short time. However, its growth was slow and painful. Cybercrimes have become increasingly prevalent, with new kinds and manifestations of cybercriminal activities catching attention. According to the NCRB, India saw a rise of 24 percent in cybercrimes registered in 2022, as compared to 2021. There is therefore, a need to enact relevant government policies and cyber laws, which are necessary for regulating the cyber world in India. The legal system must play an important role in effectively regulating cybercriminal activities. The cybersecurity measures in India are quite ineffective.
Introduction
The internet has become one of the integral part of our daily life. It has transformed the way we communicate, make friends, share updates, play games, and shop. Education is one of the important sectors for dissemination of information on prevention of cybercrimes, and for reiterating that students can act as a force multiplier to create an ecosystem for cybersecurity and to prevent cybercrimes.
Cyberspace connects us virtually with crores of online users across the globe. As a result, cybercrimes especially against women and children such as cyber stalking, cyber bullying, cyber harassment, child pornography, rape content, etc. have also been increasing rapidly. To stay safe in the online world, it is important to follow internet safety practices that may help in making our online experience productive.
Data is exchanged and accessed through an online medium; hence considerable sensitive data is also available online. Such data is prone to threats and attacks such as backdoor attacks, denial of service attacks, direct-access attacks, etc.
Evolution of Computers
In ancient times, people used either their fingers or pebbles along lines in the sand for counting or adding. Subsequently, a counting device called the abacus was built. This device allowed calculations by using a system of sliding beads arranged on racks. The abacus was simple to operate and was used worldwide for centuries. In fact, it is still used in many countries even today.
In 1642, French mathematician Blaise Pascal invented the first functional automatic calculator. This brass rectangular box, called a Pascaline, used eight movable dials to add sums up to eight figures long.
In 1694, German mathematician Gottfried Wilhem Von Leibniz extended Pascal's design to perform multiplication and division, and to find the square root. This machine is known as the stepped reckoner. It was the first mass-produced calculating device, designed to perform multiplication by repeated addition. The only problem with this device was that it lacked mechanical precision in its construction and was not very reliable.
Charles Babbage, an English Mathematics professor, is the father of modern computer. In 1822, he proposed a machine called the difference engine to perform differential equations. Subsequently, he stopped working on this machine and developed the analytical engine in 1833. In 1889, Herman Hollerith used cards to store data information, which he fed into a machine that compiled the results mechanically. This electronic calculating machine used relays, electromagnetic components to replace mechanical components. In 1946, John Eckert and John Mauchly developed the electronic numerical integrator and calculator (ENIAC). This computer used electronic vacuum tubes for the internal parts of the computer, and almost all the components and concepts of today's high speed electronic digital computers. Eckert and Mauchly also developed the electronic discrete variable automatic computer (EDVAC) which was the first electronic computer to use the stored programme concept introduced by John Von Neumann. In 1949, a team headed by Maurice Wilkes from Cambridge University developed the electronic delay storage automatic calculator (EDSAC), which was based on John Von Neumann's stored program concept. This computer used mercury delay lines for memory, and vacuum tubes for logic .The Eckert -Mauchly corporation manufactured the universal automatic computer (UNIVAC) in 1951, and its implementation marked the real beginning of the computer era. The following sections depict the various phases of development in computing.
Computer Generations1
The term generation in technology denotes advanced or upgraded versions of hardware or software. Each successive generation is much better in input and output mechanisms with new features for better functioning. The term also refers to the stage of improvement in the product development process. Computers were developed in five generations described as follows:
First Generation (1940-1956): Vacuum Tubes
First generation computers used vacuum tubes for circuitry and magnetic drums for memory and were often very big in size, taking up entire rooms. They were very expensive to operate and in addition to using a great deal of electricity, generated a lot of heat, which was often the cause of malfunctions. First generation computers relied on machine language to perform operations, and they could only solve one problem at a time. Machine languages were the only languages understood by computers.
While easily understood by computers, machine languages are almost impossible for humans to use because they consist entirely of numbers. Computer programmers, therefore, use either high level programming languages or an assembly language programming. An assembly language contains the same instructions as a machine language, but the instructions and variables have names instead of being just numbers.
Features of the First Generation of Computers
1. Vacuum tubes were used in the circuits of these computers.
2. Input and output operations were performed using punched card technology.
3. For external storage, magnetic tapes were used.
4. The machine was capable to do one job at a time, therefore batch processing was adopted.
5. Operations like setting of switches had to be done manually.
6. These computers used machine language and assembly language.
7. They were non-portable consumed lots of energy
Examples of first generation include ENIAC, EDVAC, UNIVAC, UNIVAC-I, IBM 650, IBM-701, and IBM750.
Second Generation (1956-1963): Transistors
Transistors replaced vacuum tubes in second generation computers. The transistor is a device composed of semiconductor material and is far superior to the vacuum tube, allowing computers to become smaller, faster, cheaper, more energyefficient and more reliable than their first-generation predecessors. Though the transistor still generated a great deal of heat that subjected the computer to damage, it was a vast improvement over the vacuum tube. Second generation computers still relied on punched cards for input and on printouts for output.
Second-generation computers moved from cryptic binary machine language to symbolic or assembly languages, which allowed programmers to specify instructions in words. High-level programming languages were also being developed at this time, such as early versions of COBOL and FORTRAN. These were also the first computers that stored their instructions in their memory, which moved from a magnetic drum to magnetic core technology.
Features of the Second Generation of Computers
1. Transistors were used in the circuits.
2. Input operations were performed by using punched cards and magnetic tapes, whereas punched cards and papers (printouts) were used for output operations.
3. For external storage, magnetic tapes were used.
4. These machines were orientated towards multiple users, i.e., they were capable of processing multiple tasks concurrently.
5. Human intervention was required for punched card operations only.
6. High level languages like FORTRAN, COBOL, BASIC, etc. were used by the computer.
7. They were still very costly to operate.
8. Examples of second generation computers include IBM 1620, IBM 7094, CDC 1604, CDC 3600, and UNI VAC 1108
Third Generation (1964-1971): Integrated Circuits
In the third generation of computers, transistors were substituted by integrated circuits (ICs) made of silicon chips which were smaller in size. The ICs drastically increased the speed and efficiency of computers and required less energy. Third generation computers used keyboards for input and monitors for output. Further, these machines also had operating systems, which allowed the device to run many different applications at a time with a central program that monitored the memory. Computers, for the first time, became accessible to a mass audience because they were smaller and cheaper than their predecessors.
Features of the Third Generation of Computers
1. Integrated circuits, which had the capacity to perform better in spite of their smaller size, replaced transistors.
2. Instead of punched cards, keyboards were used for data input operations, while monitors were used for output operations.
3. For external storage, magnetic disks were used.
4. Sophisticated operating systems capable of handling several jobs concurrently were used.
5. More advanced high level languages like PASCAL were used.
An example of third generation computers is the IBM System/360.
Fourth Generation (1971-1990): Microprocessor (VLIC)
The microprocessor characterized the fourth generation of computers, as thousands of integrated circuits were rebuilt onto a single silicon chip using a process commonly known as Very Large Scale Integration (VLSI). A silicon chip contains a Central Processing Unit (CPU). In the world of personal computers, the terms microprocessor and CPU are used interchangeably. The microprocessor is the heart of all personal computers and most workstations. It controls the logic of almost all digital devices, from clock radios to fuel-injection systems for automobiles.
Features of the Fourth Generation of Computers
1. The circuits used VLIC and microprocessors of virtually microscopic size, which led to a drastic reduction in the size of computers.
2. Input-output devices were the same, monitors, keyboards, printers, etc. but were more refined.
3. Microcomputers and the relevant software evolved and became more popular.
4. Magnetic disks were the primary devices used for external storage.
5. The use of special software for maintaining large data bases became popular.
Examples of fourth generation computers include IBM Systems/370, Burroughs B7700, etc.
Fifth Generation (Late 1990- Future): Artificial Intelligence (Al)
Fifth generation computing devices, based on artificial intelligence, are still in development. Artificial Intelligence is the branch of computer science concerned with making computers behave like humans. The term was coined in 1956 by John McCarthy at the Massachusetts Institute of Technology. Artificial intelligence includes games playing, expert systems, neural networks, robotics etc.
It is important to note that as we moved from first generation of computers to the fifth, speed, accuracy, versatility and reliability increased, whereas costs and sizes decreased.
What is Cyberspace?
The word cyberspace is believed to have been coined by author William Gibson in his science fiction novel 'Neuromancer', written in 1984. Gibson visualized the cyber space in these words:
"A consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts.A graphical representation of data abstracted from the banks of every computer in the human system. Unthinkable complexity, lines of light ranged in the non-space of the mind, clusters and constellations of data."
The term cyber world is closely related, almost synonymous, to the term cyberspace, denoting the world of computer savvy individuals, net surfers and the like. So is another word Cyberia. The term cyber world has been comprehensively described as (i) an online world where users have the mechanisms in place to transact any business or personal activity as easily and freely as they can transact them in the physical world; or (ii) an environment for sophisticated online computing; or the futuristic online world of computing (Mishra, 2014).
The cyber world has also been defined as "a global domain within the information environment consisting of the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, and embedded processors and controllers" (National Institute of Standards and Technology, 2012, p. B-3).
India is already one of the most attacked countries in cyberspace. In May 2021, the national airline Air India reported a cyberattack in which the data of 4.5 million of its customers across the world, was compromised. In October 2019, there was an attempted cyberattack on the Kudankulam nuclear power plant. In February 2022, a suspected ransomware attack briefly knocked out the management information system (MIS) at Jawaharlal Nehru Port Container Terminal (JNPCT), one of five marine facilities in India's top container gateway of JNPT (Nhava Sheva)2.
Cybersecurity
Computers, networks, data, and other digital assets are protected from unauthorised access, theft, damage, and other hostile actions by means of practices, processes, and technology known as cybersecurity.
Cybersecurity denotes the application of various processes, technologies and methods to protect systems, devices, data and the network from various cyberattacks. It covers a variety of subfields, including network security, application security, information security, cloud security, and others.
1. Application Security: The first and most crucial component of cybersecurity, it incorporates security elements inside programmes during the development phase to thwart cyberattacks. It defends against a range of cybersecurity attacks that use source code defects to harm websites and online software.
2. Information Security: The element of cybersecurity that deals with measures to thwart unauthorized access to, use of, disclosure of, interruption of, alteration of, or deletion of information. Information security is employed to protect the data, code, and information that businesses collect from their clients and users.
3. Network Security: A network is secured against attacks and illegal access. It is the duty of network administrators to take steps to shield their networks from potential dangers. Network security is an element of IT security, a means to safeguard computer networks and prevent unauthorized access.
4. Business Continuity Planning / Disaster Recovery Planning: Planning for disaster recovery or business continuity is the procedure that specifies how to resume operations efficiently after a disaster. The first step in creating a disaster recovery strategy should be to identify the applications that are normally crucial to running the business. Business continuity planning (BOP) links being prepared for cyber risk by detecting threats to the organization's schedule, understanding how potential disruptions to operations can influence them, and deciding how to deal with those disruptions.
5. Operational Security: In order to secure sensitive data from various dangers, managers are encouraged to view operations from the perspective of a hacker as part of a process known as operational security (OPSEC) or procedural security. An association's operations are protected using operations security (OPSEC). It keeps track of essential data and resources for spotting weaknesses in practical techniques.
6. End User Education: End-user training is the most critical component of computer security. End users can also be a threat to cybersecurity. One of the essential blunders that lead to data breaches is human mix-ups. An organization must educate its employees about network protection. Every employee too, must learn to recognize phishing assaults through messages and connection points and to foresee digital risks (Tejpal et al., 2023).
Necessities of Cybersecurity
1. Privacy
2. Data protection
3. Safety of identity
Cybersecurity Measures taken by the Indian Government
National Cyber Security Policy, 2013
This policy aims to build a secure and resilient cyberspace for citizens, businesses, and the government. It outlines various objectives and strategies to protect cyberspace information and infrastructure, build capabilities to prevent and respond to cyberattacks, and minimize damages through coordinated efforts of institutional structures, people, processes, and technology.
Strategies of NCSP
* Creating a secure cyber ecosystem
* Creating an assurance framework
* Encouraging open standards
* Strengthening the regulatory framework
* Creating mechanisms for early warning, vulnerability management and response to security threats
* Securing e-governance services
* Protection and resilience of critical information infrastructure
* Promotion of research and development in cyber security
* Reducing supply chain risks
* Creating cybersecurity awareness
* Developing effective public-private partnerships
* Information sharing and cooperation
* Prioritized approach for implementation3
Cyber Surakshit Bharat Initiative: The Cyber Surakshit Bharat Abhiyan was launched by India's Ministry of Electronics and Information Technology to ensure cyber-secure Bharat. The Cyber Secure Bharat initiative was launched in association with the National E-Governance Division (NeGD), on January 19,2018 in Delhi. This initiative was launched to raise awareness about cybercrimes and create safety measures for Chief Information Security Officers (CISOs) and frontline IT staff across all government departments4.
Indian Cyber Crime Coordination Centre: This centre was established to provide a framework and eco-system for law enforcement agencies to deal with cybercrimes in a comprehensive and coordinated manner. It has seven components, namely:
* National Cyber Crime Threat Analytics Unit
* National Cyber Crime Reporting Portal
* National Cyber Crime Training Centre
* Cyber Crime Ecosystem Management Unit
* National Cyber Crime Research and Innovation Centre
* National Cyber Crime Forensic Laboratory Ecosystem
* Platformfor Joint Cyber Crime Investigation Team. Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre): This centre was launched in 2017 to create a secure cyberspace by detecting botnet infections in India and notifying, enabling cleaning, and securing end user systems to prevent further infections.
The Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre) was set up in accordance with the objectives of the National Cyber Security Policy, which envisages creating a secure cyber ecosystem in the country. This centre operates in close coordination and collaboration with internet service providers and product/antivirus companies. This website provides information and tools for users to secure their systems/devices5. This centre is operated by the Indian Computer Emergency Response Team (CERT-ln) under provisions of Section 70B6 of the Information Technology Act, 2000.
Critical Information Infrastructure(CII): It is defined as a computer resource, the destruction of which, shall have a debilitating impact on national security, economy, public health or safety. The government has established the National Critical Information Infrastructure Protection Centre (NCIIPC) to protect the Cll of various sectors, such as power, banking, telecom, transport, government, and strategic enterprises.
Defence Cyber Agency (DCyA): The DCyA is a triservice command of the Indian Armed Forces that is responsible for handling cybersecurity threats. It has the capability to conduct cyber operations such as hacking, surveillance, data recovery, encryption, and countermeasures against various cyber threat actors. This agency is tasked with handling cybersecurity threats. The DCyA draws personnel from all three branches of the Armed Forces. The head of the DCyA is two-star-ranked officer, and reports to the Chief of Defence Staff (CDS) through the Integrated Defence Staff (IDS).
Computers, networks, data, and other digital assets are protected from unauthorized access, theft, damage, and other hostile actions by means of practices, processes, and technology known as cybersecurity. India is gearing up to bring in new encryption and privacy policies to take on the growing cybersecurity challenges. It may also amend the existing laws to make cyberspace more secure. The country has taken steps in establishing institutions and released the National Cyber Policy in 2013 to deal with cybersecurity issues. In recent times, India has launched a series of cybersecurity initiatives to digitally empower its citizens and safeguard cyberspace. In the wake of increasing cyber threats, India appointed its first chief information security officer (CISC). The appointment underlines India's commitment to combating cyberattacks. It will help India develop the vision and policy to fight cybercrime and manage cybersecurity more effectively7.
(a) The Indian government has taken a number of legal, technical and administrative policy measures for addressing cybersecurity. This includes the policies and laws such as National Cyber Security Policy (2013), Framework for Enhancing Cyber Security (2013), Information Technology (IT) Act, 2000, and the setting up of the Indian Computer Emergency Response Team8 (CERT-ln) and National Critical Information Infrastructure Protection Centre (NCIIPC) under the IT Act, 2000.
(b) The government has taken various steps in the form of legal frameworks, emergency response, awareness, training and implementation of best practices to tackle cyber security. Such steps include:
i. The Information Technology (IT) Act, 2000 provides a comprehensive legal framework to address the issues connected with cybercrime, cyberattacks and security breaches of information technology infrastructure. The said Act aims to provide a legal framework so that legal sanction is accorded to all electronic records and other activities carried out by electronic means. The said Act further states that, unless otherwise agreed upon, an acceptance of contract may be expressed by electronic means of communication and the same shall have legal validity and enforceability. The said Act purports to facilitate electronic intercourse in trade and commerce, eliminate barriers and obstacles coming in the way of electronic commerce, resulting from the uncertainties relating to writing and signature requirements over the internet. The Act also aims to fulfil its objectives of promoting and developing the legal infrastructure necessary to implement electronic commerce (Duggal, 2023).
ii. A Framework for Enhancing Cyber Security was implemented, with a multilayered approach for ensuring defence-in-depth and clear demarcation of responsibilities among the stakeholder organizations in the country.
iii. The National Critical Information Infrastructure Protection Centre (NCIIPC) was established as per the provisions of Section 70A9 of the IT Act, 2000 for protection of Critical Information Infrastructure in the country.
iv. With respect to the banking sector, the Reserve Bank of India set up a Cyber Security and IT Examination (CSITE) Cell within its Department of Banking Supervision in 2015 in order for a greater focus on IT related matters. The Bank issued a comprehensive circular on the Cyber Security Framework in Banks on June 2, 2016 covering best practices pertaining to various aspects of cybersecurity. The circular requires banks to have, among other things, a cybersecurity policy, a crisis management plan, a gap assessment visà-vis the baseline requirements indicated in the circular - monitoring certain risk indicators in the area, reporting unusual cybersecurity incidents within 2 to 6 hours, ensuring board involvement in the matter and robust vendor risk management. The progress of banks in scaling up their cybersecurity preparedness is monitored.
v. The RBI carries out an examination of the IT set-ups of banks separately from the regular financial examination of banks. This report has a special focus on cybersecurity. Reports have already been issued to the banks for remedial action. The RBI has also set up the Cyber Crisis Management Group to address any major incidents reported, including suggesting ways to respond and recover to / from them. The Department of Banking Supervision also conducts cybersecurity preparedness testing among banks on the basis of hypothetical scenarios with the help of CERT-ln.
vi. The RBI also has set up an IT subsidiary to focus, among other things, on cybersecurity within itself, as well as in regulated entities. The subsidiary is in the process of recruiting experts.
vii. The Indian Computer Emergency Response Team (CERT-ln) issues alerts and advisories regarding the latest cyber threats and countermeasures on regular basis. CERT-ln has published guidelines for securing IT infrastructure, which are available on its website.10 In order to detect a variety of threats and imminent cyberattacks from outside the country, periodic scanning of cyberspace is carried out. CERT-ln issued 372, 402 and 432 advisories during 2014, 2015 and 2016 respectively.
viii. The government formulated a crisis management plan for countering cyberattacks and cyber terrorism for implementation by all ministries / departments of the central and state governments and their organizations and critical sectors.
ix. Cybersecurity mock drills are conducted regularly to assess the cybersecurity posture and preparedness of organizations in the government and other critical sectors. Such drills have so far been conducted by CERT-ln where 110 organizations from different sectors such as Finance, Defence, Power, Telecom, Transport, Energy, Spaces and IT/ITeS participated.
x. The government is setting up the National Cyber Coordination Centre (NCCC) to generate the necessary situational awareness of existing and potential cybersecurity threats and enable timely information sharing for proactive, preventive and protective actions by individual entities.
xi. The government has established the Botnet Cleaning and Malware Analysis Centre to detect and clean infected systems in the country. The project was initiated in coordination with internet service providers and industry.
xii. Cyber Crime Cells have been set up in all states and union territories for the reporting and investigation of cybercrime cases.
xiii. The government has set up cyber forensic training and investigation labs in the states of Kerala, Assam, Mizoram, Nagaland, Arunachal Pradesh, Tripura, Meghalaya, and Manipur, and in Jammu & Kashmir for training Law Enforcement and Judiciary in these states. The NCCC, the group of experts constituted by the Ministry of Home Affairs to prepare a roadmap for effectively tackling cybercrimes in the country has recommended the setting up of an Indian Cyber Crime Coordination Centre (I4C) to fight against cybercrimes in the country.
xiv. Industry associations such as the Data Security Council of India (DSCI), NASSCOM, Cyber Forensic Labs, set up in certain Indian states, have taken up the task of awareness creation by conducting training programmes on cybercrime investigation. In Academia National Law School, Bangalore and NALSAR University of Law, Hyderabad are also engaged in conducting several awareness and training programmes on cyber laws and cybercrimes for judicial officers.
XV. A number of cyber forensics tools for the collection, analysis, and presentation of digital evidence have been developed indigenously; such tools are in use by law enforcement agencies.
xvi. CERT-ln and Centre for Development of Advanced Computing (C-DAC) are involved in providing basic and advanced training to law enforcement agencies, forensic labs and the judiciary on the procedures and methodology of collecting, analyzing and presenting digital evidence.
xvii. The Reserve Bank of India (RBI) issues circulars / advisories to all commercial banks on phishing attacks and preventive / detective measures to tackle phishing attacks. The RBI also issues advisories relating to fictitious offers of funds transfer, remittance towards participation in lottery, money circulation schemes and other fictitious offers of cheap funds. A sum of INR 500 crores was allocated for the Ministry of Electronics and Information Technology (MeitY) in the 12th Plan period (2012-17) for cyber security programmes including Cyber Safety, Security and Surveillance, Cyber Crime Investigations and Cyber Forensics
xviii. The National Cyber Security policy (NCSP; 2013) provided for the creation of a workforce of 5 lakh cybersecurity professionals in the following five years through capacity building, skill development and training.
xix. In order to protect the confidential data of the Defence sector from cyberattacks, the operational networks of the Armed Forces are air gapped from the internet. Further, Defence Services have established Cyber Emergency Response Teams (CERTs) to prevent and react to cyberattacks. Safeguards have been instituted in the form of audits and physical checks. Policies, guidelines and procedures have been laid down and periodic cyber security advisories are issued.
XX. The government implemented the Information Security Education and Awareness (ISEA) project to train professionals / government officials and create mass information security awareness among citizens. The project was implemented by 51 institutions across the country. Around 11,110 persons had been trained in various (Lok Sabha, Starred Question. No. 400,12 August 2016) formal / non-formal courses focusing on cybersecurity till 2016. CERTln conducted cybersecurity trainings for IT / cybersecurity professionals including Chief Information Security Officers (CISOs) of Government and critical sector organizations covering 580 participants during the year 2016. In addition, a workshop on security of digital payment systems was conducted for stakeholder organizations covering 110 participants.
xxi. Currently, 24security auditing organizations are empaneled to support and audit the implementation of information security best practices. The NIC protects cyber resources from possible compromises through a layered security approach in the form of practices, procedures and technologies that are put in place.
xxii. The NIC has deployed state-of-the-art security solutions including firewalls, intrusion prevention systems and antivirus solutions. Additionally, periodic security audits of resources are performed followed by subsequent hardening. These are complemented by round-the-clock monitoring of security events and remedial measures. A 24x7 security monitoring centre is in place at the NIC for detecting and responding to security incidents. Restoration is done after the detected incident is analyzed and the necessary remedial measures taken.
Other laws that contain cybersquatting-related provisions include the Indian Penal Code, 1860, which punishes offences committed in cyberspace (such as defamation, cheating, criminal intimidation and obscenity), and the Companies (Management and Administration) Rules, 2014, which require companies to ensure that electronic records and systems are secure from unauthorized access and tampering. There are also sector-specific rules issued by regulators and agencies, including the Reserve Bank of India, the Insurance Regulatory and Development Authority of India, the Department of Telecommunications, the Securities and Exchange Board of India, and the National Health Authority of India, among others, which mandate cybersecurity standards to be maintained.
International Collaboration on Cyber Security11
i. India and the U.S. agreed to cooperate on cyber security issues. As a part of the U.S. - India Cyber Relationship Framework, both countries agreed to share cybersecurity best practices, share threat information on a real-time basis, promote cooperation between law enforcement agencies and encourage collaboration in the field of cybersecurity research. India and the U.S. will also establish joint mechanisms to mitigate cyber threats and protect internet infrastructure and information.
ii. In 2015, India and the U.K. made a joint statement about cooperation in the cybersecurity space. The two countries agreed to work together to provide professional development and establish a Cyber Security Training Centre of Excellence. The U.K. also agreed to help launch the proposed National Cyber Crime Coordination Centre in India.
iii. India entered into cybersecurity cooperation with European Union and Malaysia.
iv. India and Japan have been collaborating on cybersecurity in the form of a Memorandum of Understanding (MoU) signed between CERTIn and Japan-CERT in 2015 for exchange of information on the latest threats and vulnerabilities, and mitigation strategies for cyberattacks. There is a strong case for India to collaborate with more countries, but in the meantime, these partnerships are a great foundation.
India has been ranked 23rd among 165 countries in the United Nations Global Cybersecurity Index, which measures countries' commitment to cybersecurity - in the "maturing" category between the 50th and 89th percentile. The "maturing stage" refers to the 77 countries that have developed complex commitments, and engage in cybersecurity programmes and initiatives. With a higher score of 0.683, India ranks one spot higher than Germany, which scored 0.679, while China is nine spots below India.
Conclusion
One of the biggest challenges facing the cyber world was that if it was not regulated by the rule of law, it would have turned into a virtual jungle where might is right. Further, countries slowly realized the significance of the cyberspace, in fact, in the early years, countries were not interested in its development. It was primarily the private sector which led the development of cyberspace, e-commerce and electronic governance. It was only when the private sector demonstrated, without any governmental interference, that cyberspace can be used for human advancement, that the governments of the world woke up to the significance of cyberspace. Consequently, the governments of the world also started realizing the need for ensuring protection of their sovereign interests in cyberspace. In this regard, the laws enacted have been found by all stakeholders to be extremely significant while dealing with the challenges faced by the cyber world.
Notes:
1. http://www.dia.eui.upm.es/asignatu/sis_op1/comp_hd/comp_ hd.htm accessed on 14.05.2010.
2. https://www.gatewayhouse.in/indias-cybersecurity-and-itsimpact-on-the-economy/ visited on 6/2/2024, time: 2:00 pm
3. https://www.meity.gov.in/writereaddata/files/downloads/ National_cyber_security_policy-2013%281 %29.pdf
4. Ministry of Electronics and Information technology
5. https://www.csk.gov.in
6. Section 70-B OF IT Act, 2000 (1) The Central Government shall, by notification in the Official Gazette, appoint an agency of the Government to be called the Indian Computer Emergency Response Team.
7. Rajya Sabha - Q. No. 3454 (16-12-2016)
8. The constituency of CERT-ln is the Indian cyber community. It is a nodal agency for responding to computer security incidents as and when they occur. CERT-ln is operational since January 2014.
9. Section 70A
(1) The Central Government may, by notification published in the Official Gazette, designate any organisation of the Government as the national nodal agency in respect of Critical Information Infrastructure Protection.
(2) The national nodal agency designated under sub-section (1) shall be responsible for all measures including Research and Development relating to protection of Critical Information Infrastructure.
(3) The manner of performing functions and duties of the agency referred to in sub-section (1) shall be such as may be prescribed.
10. www.certin.org.in
11. Ministry of Electronics & and Information Technology, letter No. 1 (1 )/2017-CLES dated 13/2/2017
References
Duggal, P. (2023). Cyber law (3rd edition). Universal LexisNexis.
Mishra, J. P. (2014). Introduction to cyber law (2nd edition). Central Law Publication.
National Institute of Standards & Technology. (2012). Information security: Guide for conducting risk assessments.<https://nvlpubs.nist.gov/nistpubs/Legacy /SP/nistspecialpublication800-30r1> .pdf
Statista. (2023). Number of cyber crimes reported across India from 2012 to 2022 [Infographie], https://www.statista. com/statistics/309435/india-cyber-crime-it-act/
Tejpal, K., Patole, J., & Ghugare, T. (2023). Cybersecurity: Pressing priority in India. The Online Journal of Distance Education and e-Learning, 11,(2) 20522061.
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