International Legal Issues Of Cyber Attacks And Indian Perspective

International Legal Issues Of Cyber Attacks And Indian PerspectiveCyber security threats are global in nature due to the very nature of Internet and multifaceted stakeholders. Cyberspace also put forward complex problems of authorship attribution for cyber attacks and anonymity. Cyberspace also gives rise to conflict of laws in cyberspace where multiple laws of different jurisdictions may be applicable at the same time. Take the example of Target Corporation that is facing litigation in multiple jurisdictions as it failed to take cyber law due diligence despite becoming aware of the cyber attack and data breach. Similarly, cyber attacks are targeting Bitcoin users and Bitcoin Exchanges world over. Sophisticated Malware like Uroburos/Snake have been making the rounds undetected for years before they are found.

As the cyberspace and Internet has become very hostile and vulnerable to cyber attacks, countries across the world have started to strengthen their cyber security capabilities. While protecting their own cyberspace domain, various countries must understand that cyber security is an international issue (PDF) and not a national one. Therefore, an international cyber security treaty is required (PDF). In the absence of such globally acceptable cyber security treaty, the conflict of laws in cyberspace would continue to make the things difficult.

Of course, we have mutual legal assistance treaties (MLATs) between different nations that can help in collaborating and cooperating regarding an international cyber attack. However, these treaties are not always very helpful. For instance, the United States has not only refused to serve Indian summons upon US websites including Facebook and Google but has also blocked a MLAT attempt to make Google, Facebook, etc comply with Indian Laws. Similarly,  an Indo-American alert, watch and warn network for real time information sharing in cyber crime cases has been proposed between U.S. and India but its establishment and effectiveness is yet to be tested.

This would force India to search for alternatives where it has more direct and effective control over cyber incidences having Indian connections and effect. The cyber warfare policy of India (PDF) and e-surveillance policy of India (PDF) must be urgently drafted and implemented. Similarly, self defence and privacy protection in India must be ensured. To strengthen these efforts, cyber security laws in India are required to be formulated urgently. The cyber security of e-governance infrastructure of India is need of the hour. Recently, India announced that it would constitute a tri service cyber command for armed forces of India. However, the ultimate solution is to formulate a techno legal national security policy of India that covers cyber security aspects as well.

You may see International Legal Issues of Cyber Attacks if you are interested in reading more on this aspect.

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  1. Pingback: Law Firms Cyber Security Obligations Are Increasing | Centre Of Excellence For Cyber Security Research And Development In India (CECSRDI)

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