Wednesday, September 7, 2011

Cyber Warfare’s Concept Still Haunts International Community

If we do not have an “Internationally Acceptable Definition” and “Legal Framework” for concepts like Cyber Law, Cyber Security, Cyber Forensics, Cyber Warfare, Cyber Terrorism, Cyber Espionage, etc, “Dissatisfaction and Chaos” is bound to occur. Thus, International Harmonisation of Legal Framework in these fields is “Urgently Required”.

This is more so when Information and Communication Technology (ICT) has empowered the Individuals with Powers and Capabilities that are far beyond contemplation in traditional Warfare. So there are no “Parallels and Comparison” between Traditional Warfare and Cyber Warfare in that sense. Traditionally you could not visualise or imagine an Individual to raise a War against a Nation but the modern Individual is “Capable” of launching Cyber Warfare if he/she has enough “Knowledge and Resources”.

Further, the lack of "Definition" and a "Harmonised Legal Framework" at International Level that can deal with an Act or Omission of an Individual, Organisation or Government Sponsored Institution are also “Big Hurdles” in dealing with Cyberspace issues at the International Level.

Till now we have no “Universally Acceptable” Cyber Crimes and Cyber Security Treaty or Convention. Further, we also do not have any International Legal Framework to deal with Cyber Espionage, Cyber Terrorism and Cyber Warfare. Till United Nations (UN) steps in and enacts “Universally Acceptable” International Cyber Law Treaty and International Cyber Security Treaty, this problem would remain murky and difficult to resolve.

Take the example of various Cyber Attacks and Cyber Espionage cases at the Country Level. In the majority of cases the blame for the same is put upon China. Not only China has been “Denying” the same but now China has been claiming to be a “Victim” of such Cyber Attacks itself.

We could keep on blaming China or some other Country as a “Rouge State” for various Cyber Attacks but beyond that we cannot do anything. Even we cannot "Prove with Certainty" that the Cyber Attacks were launched from China or any other Country. The Internet Protocol (IP) Addresses may “Point” to a particular Jurisdiction, but to prove the guilt of the same Jurisdiction “Conclusively” is a totally different Challenge.

Till International Cooperation in the fields like Cyber Law and Cyber Security are achieved, the Blame Game can go on forever with little benefits. However, International Legal Frameworks for Cyber Law, Cyber Security and Cyber Forensics are very difficult to achieve. Nonetheless they are “Absolutely Required” and the more we delay them the greater are the chances of “Global Cyberspace Unrest”.

1 comment:

  1. I fear it will be a long evolution towards such frameworks. How many hundreds of years of warfare passed in Europe before the Geneva Convention?

    The G-8 have been meeting to discuss cybercrime agreements for ten years with little results.