Cyber Security Must Be An International Issue

I personally believe that Cyber Security is an “International Issue” and not a “National One”. Those who believe it to be a National Issue are going to suffer a lot. Similarly, “Self Regulation” is not going to help us in the long run especially when countries all over the world are establishing Cyber Commands and Cyber Warfare Capabilities.

I also believe that despite all odds, we must try to formulate International Cyber Law Treaty and International Cyber Security Treaty. Without clearly demarcating the “Roles and Responsibilities” of Nations in the Cyberspace, International Mutual Cooperation in this regard is next to impossible.

United Nations has a bigger role to play in this regard. On the one hand it must formulate International Cyber Law and Cyber Security Treaty whereas on the other hand it must make these Treaties in conformity with the Human Rights in Cyberspace.

Developed Countries like US are not interested in Treaties on Cyber Law and Cyber Security except to the extent permitted by present International Legal Framework .This Framework was formulated at a different time and in a different context. It is high time to abandon the same in the larger interest of “International Community”.

The growing Cyber Attacks on Gmail, Citicorp, etc are happening because of this “Void” at the International level. This “Void” is also forcing the Countries to adopt their own Cyber Security safeguards. Australia has planned a Cyber Defence Strategy whereas European Union has set up a team of Cyber Crime Fighters. Countries are adopting this “National Approach” because there is no “International Framework” to deal with these issues.

The sooner we have International Frameworks for Cyber Law and Cyber Security related issue the better it would be for the interest of International Cyberspace Community at large.

Proposed Draft Right To Privacy Bill 2011 Of India

Right to Privacy is a very important Human Right. For long India ignored this important Civil Liberty despite demands for the same. Finally, Supreme Court of India interpreted Article 21 of the Constitution of India as a “Constitutional Source” of Right to Privacy in India.

Now Right to Privacy is a Fundamental Right in India. However, exercise of a Fundamental Rights is very difficult in India without a support of a “Statutory Right” in this regard. This is the reason why we need to enact a Statutory Law on Right to Privacy in India.

Privacy Rights have become even more important in this Information Era where Privacy of Netizens is in real danger. Indian Government has launched various Projects like Aadhar, NATGRID, CCTNS, Central Monitoring System (CMS), etc that are openly violating the Civil Liberties, including Privacy Rights, of Indians. This has forced the Law Ministry to consider enacting a Privacy Law of India.

Law Ministry has proposed a Right to Privacy Bill of India 2011. Surprisingly, the draft of Right to Privacy Bill of India 2011 has still not been made public so its analysis is not possible. However, this is a good beginning and I welcome this step of Law Minister Veerappa Moily.

I am not sure whether Human Rights in Cyberspace have been considered by the proposed draft Right to Privacy Bill of India 2011. However, Law Ministry must incorporate Privacy Rights in Cyberspace in the proposed Bill to make it effective and meaningful.

Privacy is very important for having peaceful and confidential phone conversations, e-mail communications and other forms of electronic communications. Indian Government has launched various Projects that can openly indulge in Unconstitutional Phone Tapping and Illegal E-Surveillance that also without any “Judicial Scrutiny”.

In the absence of Judicial Scrutiny and Privacy Laws, Indian Citizens are left with no choice but to use “Technological Self Defence Measures” to protect their Privacy Rights, especially in Cyberspace. Even this is not acceptable to Indian Government as it is harassing service providers like Blackberry, Gmail, Skype, etc that are using Encrypted Measures to protect Privacy Rights and to ensure Security. This is just like committing a wrong and then taking advantage of the same to one’s own benefits.

I hope this time we would finally have a Privacy Law of India as in the past as well many times it has been declared that Privacy Law for India would be enacted.