Cyber security is a complicated process to manage. It requires both technological expertise and legal compliances. Some developed nations have enacted cyber security regulations but they have outlived their natural lives. The present day cyber security regulations require a techno legal orientation that is a big challenged for legislators around the world.
India has enacted the information technology act, 2000 that governs legal issues of e-commerce, e-governance, cyber crimes, etc. However, techno legal experts believe that Indian laws like IT Act 2000 and telegraph act require urgent repeal and new and better techno legal laws must be enacted to replaces these laws.
There are no dedicated cyber security laws in India. Indian government has drafted the cyber security policy of India 2013 but the same has not been implemented so far. Further, the policy is also suffering from many shortcomings including lack of privacy and civil liberties protection and absence of cyber security breaches disclosure norms. The cyber security trends of India (PDF) have also shown poor cyber security preparedness of India to protect its cyberspace and critical infrastructures.
India has still to take care of issues like critical infrastructure protection (PDF), cyber warfare policy (PDF), cyber terrorism, cyber espionage, e-governance cyber security, e-commerce cyber security, cyber security of banks, etc. Companies and individuals are also required to cyber insure their businesses from cyber threats.
A cyber crime prevention strategy of India may be formulated very soon by Indian government. This has come in the wake of a public interest litigation (PIL) filed at the Supreme Court of India that has asked the centre to frame regulations and guidelines for effective investigation of cyber crimes in India. Simultaneously, the cyber crime investigation trainings in India are also needed.
The offensive and defensive cyber security capabilities of India are also required to be developed. A cyber attacks crisis management plan of India must also be formulated to tackle cyber attacks and cyber terrorism against India. The proposed National Cyber Coordination Centre (NCCC) of India is a good initiative regarding strengthening of Indian cyber security capabilities. The National Critical Information Infrastructure Protection Centre (NCIPC) of India would also come handy in protecting Indian cyberspace.
The ambitious project named Digital India would also required very robust and effective cyber security infrastructure and capabilities on the part of Indian government and its agencies. There is no international cyber security treaty (PDF) or cyber law treaty that can help in resolving conflict of laws in cyberspace. Even a simple task of obtaining digital information from foreign companies like Google takes months to achieve. Till that time the crucial evidence is already gone and the received information proves worthless.
We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that the cyber security breaches have significantly increased world over. The cyber security challenges in India are not easy to manage especially when India is a late entrant in this field. There is no doubt that Indian cyberspace must be protected on a priority basis as India would be relying more and more on digital services in the near future.