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Cyber Terrorism: Legal Challenges

These days, computers and the internet are almost necessities. Both individuals and society use them to make their lives simpler. Like keeping records, communicating, processing data, coordinating machinery, typing, editing, designing, and drawing, as well as nearly every other facet of office work. Because of computers' enormous potential, terrorists and criminals have chosen to use them as their primary means of target attack. In the current internet era, the number of "Cyber Crimes" rises daily.

The difference between "cyber crime" and "conventional crime" is not really great. Both involve actions or inactions that violate the law and are reconciled by the government's penalties. Additionally, this crime is done online or in a networked setting. A computer can be used as a target, a tool, or both while committing this kind of crime.

Identity theft, carding, hacking, Web jacking cracking, cyber or child pornography, cyber stalking, cyber squatting, computer fraud or forgery, cyber terrorism, and cyber warfare are a few examples of the many different kinds of cybercrimes.

Cyber terrorism and cyber welfare are the two types of cybercrimes that have an impact on national security. The unauthorized assaults and threats such attacks towards the network, computer, and data that is kept on it. cyber terrorist attacks on the websites of numerous academics, executives from the government and intelligence services, etc.The combination of cyberspace and terrorism is known as cyber terrorism. The Information Technology Act's Section 66F addresses cyber terrorism and associated penalties. The closest thing to cyber terrorism to date may have been the Internet Black Tigers' 1998 email attack of Sri Lankan embassies.

Introduction
Cyber Terrorism and Cyber Warfare are two cybercrimes that have an impact on national security. Unlawful assaults and threats against the network, computer, and data that is kept on it. The term "cyber terrorism" refers to the deliberate employment of disruptive actions, or the threat of such activities, in cyberspace with the goal of advancing political, social, ideological, or other related objectives, or of intimidating any individual in the process.

Attacks on computer networks are used by terrorists to further their political goals of destroying large amounts of property, instilling fear in the populace, and attacking government targets. The goal of cyber terrorism is to break into networks that protect the country's security and destroy data that is crucial to strategy.

Hacking into different critical infrastructure (CI) systems can result in severe environmental damage, international economic instability, and the loss of human life. It is one of the biggest risks to national security . cyber-terrorism stands out for its ability to employ economic might to secure unprecedented levels of fear over cyberspace and the physical world through the deployment of cyber-engineered techniques such as data exfiltration, denial-of-service assaults, and network devastation.

The threats posed by cyber-terrorism demand prompt international attention. States, however, have not been able to advance a cooperative strategy that would allow various acts of terrorism in cyberspace to be brought to justice.

What Difficulties Do Cyber-attacks Present for India?

  • Critical Vulnerability in Infrastructure: Critical infrastructure in India, including networks for communication, power grids, and transportation systems, is susceptible to cyberattacks that might jeopardize national security and key services.
     
  • Threats to the Financial Sector: Cybercriminals who aim to make money by stealing or extorting money pose a serious threat to India's financial sector. Financial losses, identity theft, and a decline in confidence in the financial system can result from attacks on banks, financial institutions, and online payment systems.

    For example, a malware assault on the SWIFT system of the City Union Bank in March 2020 resulted in unlawful transactions totaling $2 million USD.
     
  • Data Breaches and Privacy Issues: With India transitioning to a digital economy, there is a rise in the quantity of private and public data being kept online. Additionally, this raises the possibility of data breaches, in which unauthorized users get and divulge private data. Data breaches can have detrimental effects on an organization's and an individual's security and privacy.
     
  • Cyber Espionage: The use of cyberattacks to spy on or undermine the objectives of other nations or organizations is known as cyberespionage. Like other nations, cyber espionage operations target India in an effort to obtain a tactical advantage and steal sensitive data.

    APTs, or advanced persistent threats, APTs are lengthy, intricate cyberattacks that are typically executed by highly experienced and resourceful groups. Because APTs employ sophisticated methods and instruments to get beyond security systems, they are challenging to identify and counter.
     
  • Chain of Supply Vulnerabilities: Vulnerabilities in the hardware or software that enterprises and the government employ to run their operations are referred to as supply chain vulnerabilities. In December 2020, for instance, a worldwide cyberattack on the software company SolarWinds, based in the United States and offering network management tools, had an impact on a number of Indian organizations, such as the Ministry of Electronics and Information Technology (MeitY), Bharat Heavy Electricals Limited (BHEL), and the National Informatics Centre (NIC).

India's initiatives include the Information Technology Act and the Cyber Terror Law

The Information Technology Act (hereinafter referred to as the Act) enforces legislative laws pertaining to cyber terrorism. Section 66F of the Act establishes a statutory framework for cyber terrorism. It allows for punishment, ranging from life imprisonment, for cyber terrorism, as well as three fundamental criteria for an act to be considered cyber terrorism:

Intention: The act must be intended to instill fear among people or threaten India's unity, integrity, security, or sovereignty.

The act must result in unlawful denial of access to authorized individuals, unauthorized intrusion into computer resources, or the introduction of computer contaminants.

Harm: The act must also cause harm, such as death, injuries to individuals, unfavorable or destructive effects on the vital information infrastructure (CII), damage or destruction of property, or such disruptions likely to cause disturbances in such services or supplies that are essential to life.

Furthermore, Section 66F applies in cases where a person intentionally penetrates or accesses a computer resource without authorization or exceeds his legitimate authorization and gains access to data, information, or a computer base that has been restricted for Indian security interests, or whose disclosure would jeopardize India's sovereign interests, etc.

Secure systems and Critical Information Infrastructure (CII) The Act includes a provision for 'protected systems', which allows the appropriate government to declare any computer resource that directly or indirectly affects the facility of CII as a 'protected system'. Section 70(3) punishes a person with a fine of up to ten years for securing or attempting to secure access to a protected system. Section 70's explanation clause defines CII as "the computer resource whose incapacitation or destruction will have a debilitating impact on national security, economy, public health, or safety."

Under Section 70A of the Act, the federal government designated the National Critical Information Infrastructure Protection Centre (NCIIPC) as the National Nodal Agency for CII protection. The union government has also established the Defense Cyber Agency. Indian Computer Emergency Response Team (CERT-IN) Section 70B of the Act establishes CERT-In to safeguard India's cybersecurity and counter cyber attacks against it. The CERT-In is meant to defend India's cyberspace from cyber attacks, issue alerts and advisories on the most recent cyberthreats, and coordinate countermeasures to prevent and respond to any potential cybersecurity incident.

The national watch and alert system collects, analyzes, and disseminates information on cybersecurity incidents, forecasts and issues alerts, implements emergency measures, coordinates response activities, and issues guidelines and advisories.

Conclusion And Suggestions:
The development of cyberspace has resulted in a decentralized communication network that transcends national boundaries. Therefore, to effectively combat cyber-terrorism, a cooperative cybersecurity framework and international regulation are necessary.

It is time to fortify international law so that it can combat cyber-terrorism, as the current framework is ill-equipped to handle the threat. Additionally, India needs to consider updating its legal system or passing special cybersecurity laws that might include provisions for cyber-terrorism.

Cyberspace has been integrated into a number of disciplines, including governance, public administration, trade, and business operations. This is partly because of the global pandemic and the prime minister's advocacy of using technology for development and administration. Furthermore, there is ongoing integration of the internet with CI.

It is necessary to develop a multidimensional cybersecurity framework as a result. The COVID-19 pandemic has expedited the digitization of economic enterprises and various other endeavors. Terrorist cyberattacks have the potential to completely shut down the nation's financial and economic systems, including the Goods and Services Tax (GST) network in India. Therefore, to encourage governments to implement countermeasures against cyber-terrorism

'Cybersecurity' as one of the factors to determine the ease of doing business index, and fortify the cybersecurity framework. Along with trying to align its laws and procedures with international best practices, India must also work to lessen overlap among cybersecurity organizations.

In addition, the pandemic's acceleration of digital corporate operations has made the state constitutionally obligated to safeguard India's internet. The right to practice or pursue any kind of livelihood within the bounds of the law is granted by Article 19(1)(g) of the Constitution, as read in conjunction with the Sodan Singh and Anuradha Bhasin instances. Therefore, the state needs to ensure that Indian citizens' fundamental freedom to work from home in cyberspace is safeguarded under the current legal framework. It is important to remember that any organization can only thrive in a digital environment if there is a secure cyberspace in place. As a result, the government is required under the constitution to defend India's cyberspace against online dangers, such as cyber-terrorism.

These days, India's major commercial, economic, and other interests connect with the cyberspace. The union must implement strict deterrent policies and cybersecurity reforms at all levels of operation in order to safeguard India's strategic, sovereign, economic, and commercial interests in cyberspace. When analyzing cyber-terrorism concerns, it's critical to have a broad view. New procedures and corrective measures must be devised, with a particular emphasis on the state's constitutional obligations under Article 19(1)(g) and Article 355 of the Indian Constitution.

References:
  • Section 66F (2)
  • Section 66F (1) (A)(i)
  • Section 66F (1) (A)(ii)
  • Section 66F (1) (A)(iii)
  • Section 70
  • Section 70B

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