Wednesday, June 8, 2011

Cyber Security Laws In India

The debate between self regulatory environment and a regulatory environment has always been a part of technology related laws. Some believe that issues like cyber law, cyber security, cyber forensics, etc must be regulated by the government whereas others believe that they should be left to individuals and organisations as self regulatory mechanisms.

In this present fragile and dangerous cyberspace it would not be advisable to leave everything upon self regulation mechanism. Issues like cyber law, cyber security, cyber forensics, etc deserve to be regulated at national and international level.

We have no legal framework or laws for cyber security in India. Of course, a few provisions have been incorporated in this regard in the information technology act, 2000 of India that is the sole cyber law of India. However, we need express and dedicated cyber security legislation in India as soon as possible.

Even the cyber law of India needs to be upgraded and strengthened. We need stringent provisions against cyber criminals and not the soft provisions that are presently incorporated in the Indian cyber law. By making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders.

It seems the problems of Indian cyber security are multi facet in nature. We do not have sufficient laws, we lack proper strategies and policies, and we do not care much about cyber security.

To start with we must formulate a pro active cyber security policy of India. Then we must proceed towards strengthening our existing cyber law and enacting an effective cyber security law of India. The sooner we consider these issues the better it would be for the cyber security of India.

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