India Is A Sitting Duck In The Cyberspace And Civil Liberties Protection Regime

PRAVEEN DALAL MANAGING PARTNER OF PERRY4LAW CEO PTLBIndian Citizens, Political Organisations and Government Departments have been systematically targeted for Cyber Attacks for long. India was least bothered about these issues as India lacked Cyber Security Capabilities to tackle these sophisticated cyber attacks. The Cyber Security Trends in India 2013 (PDF) and Global Cyber Security Trends and Updates 2014 by Perry4Law and PTLB have highlighted many “Shortfalls and Weaknesses” of Indian Cyber Security Efforts and Initiatives.

Amid all these chaos the Indian Government introduced the National Cyber Security Policy of India 2013 (NCSP 2013). The NCSP 2013 can be accessed Here (PDF) and an analysis of the same makes it clear that it failed to address many crucial Techno Legal Issues including Privacy and Data Protection.  We have no dedicated Privacy and Data Protection Laws (PDF) in India as on date despite the pressing requirement for the same.

India is a Sitting Duck in the Cyberspace and Civil Liberties Protection Regime. Malware like Stuxnet, Duqu, Flame, Uroburos/Snake, Blackshades, FinFisher, Gameover Zeus (GOZ), etc cannot be tackled by India due to lack of Offensive and Defensive Cyber Security Capabilities. Cyber Security Breaches are increasing World over and India must be “Cyber Prepared” to deal with the same. The Cyber Security Challenges before the Narendra Modi Government are not easy to manage and Indian Cyberspace must be protected on a “Priority Basis”.

Civil Liberties like Privacy Rights must be respected by all. However, US FISA Court is a big trouble for Indian Privacy and Civil Liberties. For too long issues like Privacy Laws have been ignored in India and the Narendra Modi Government must ensure Privacy to Indians on a “Priority Basis”. The Policies in this regard must be changed urgently and work in the direction of enactment of dedicated Privacy and Data Protection Laws of India must be started as soon as possible. Intelligence Agencies Reforms in India must also be placed on the “Priority List” of Modi Government.

India must also stress upon “Indigenous Cyber Capabilities” to neutralise any isolation attempts through mechanisms like Wassenaar Arrangement. India has recently opposed the proposal to include Cyber Security Technologies under the Wassenaar Arrangement.

But the ultimate test for Modi Government is to “Stand Up” and show that India is not a Sitting Duck in the fields of Cyber Security, Civil Liberties Protection and Cyber Security Capabilities. Of course, India must make her “Own House in Order” before proving that “Character and Strength”.

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