Will The Second Worldwide Cyber Security Summit Of London Succeed

One of the major problems with Cyber Law and Cyber Security is that it is International in nature. Nations across the World are committing mistake by considering it a National Issue and giving it a National Treatment.

This is also the main reason why we have no Cyber Law in many countries and a poor Cyber Law in some countries like India. Since there is no “International Obligation” to prevent Cyber Crimes and to protect the Cyber Rights and Properties of its Citizens, a country may have little incentives to stress upon Strong Cyber Law and Robust Cyber Security.

Consider the example of India. The Information Technology Act, 2000 (IT Act 2000) is the sole Cyber Law of India. It has been amended through the Information Technology Amendment Act 2008 (IT Act 2008). The purpose of IT Act 2008 was neither to strengthen the Cyber Law of India not to cater the growing needs of Cyber Security in India. Its main purpose was to empower Indian Government and its Agencies to indulge in Unaccountable and Unconstitutional E-Surveillance and Eavesdropping. The truth is that Cyber Law of India needs urgent repeal.

Further we have no Cyber Security in India, Cyber Security Policies and Strategies in India and Cyber Security Laws in India. Even India is not a party to any International Convention or Treaty on Cyber Law. This explains why India is the only country that has made its Cyberspace a “Safe Heaven” for Cyber Criminals by making almost all the Cyber Crimes Bailable.

Even US has said that existing Laws are sufficient for meeting the Cyber Law and Cyber Security requirements at the International level. Now if both US and India are not serious about “International Harmonisation” of Cyber Law and Cyber Security Framework, they can be little benefited out of Conferences like the Second Worldwide Cyber Security Summit Of London.

US has recently revealed its International Strategy for Cyberspace. Further, an India US Cyber Security Cooperation has also been signed recently. However, these are “Piecemeal Efforts” as without “International Harmonisation” Cyber Crimes and Cyber Security Attacks cannot be effectively tackled. International Organisations must be more proactive towards fighting Cyber Crimes at International level. Time has come to abandon the “Bilateral Agreements” approach and adopt Multilateral and International Harmonisation approach.

Cyber Security In India

Cyber security in India is not upto the mark and is an ignored world. Further, India has no cyber security policy and strategy that can be implemented under any legal framework. Merely mentioning that India has formulated a cyber security strategy or policy is not enough till it has a force of law.

One area that India has not touched at all pertains to enactment of cyber security laws. Till now we have no cyber security laws in India. Of course, one or two vague provisions have been incorporated in the information technology act, 2000 (IT Act 2000) of India that happens to be the sole cyber law of India.

Even the cyber law of India is weak and ineffective in tackling the fast growing cyber crimes in India. Many of the provisions contained in the IT Act 2000 have crossed the limits of constitutionality. This has made a dominant part of Indian cyber law unconstitutional. In fact, so bad is the position that a need to repeal the cyber law of India has been felt these days.

So we have neither a policy/strategy for cyber security nor legal framework for its implementation. All we have are uncodified and non implementable words that have no significance and legal value.

India has faced many cyber attacks in the past. Many of them were not detected for a very long period of time. Indian websites are regularly defaced by cyber miscreants. Cases of cyber espionage are rampant in India. Sensitive and strategic defence forces and ministries computer systems are frequently breached and sensitive data is occasionally stolen.

Perry4Law and Perry4Law Techno Legal Base (PTLB) firmly believe that it is high time for India to formulate effective cyber security policies/strategies and cyber security laws in India. Further the cyber law of India must also be repealed and a strong and robust law must be enacted that is also constitutionally and legally sound.