Tuesday, October 30, 2012

Will The Third (3rd) Worldwide Cyber Security Summit Of Delhi Succeed?

Cyber security, like any other initiative, requires dedicated, actual and ground level work. If the actual work and will is missing, thousands of partnerships and conferences cannot bring any result.

Of course, techno legal initiatives like National Cyber Security Database of India (NCSDI) and Cyber Security Research and Development Centre of India (CSRDCI) can be really helpful in bringing ground level and actual cyber security improvement and strengthening efforts in India.

In the past as well we have heard this question “Will the Second Worldwide Cyber Security Summit of London Succeed”?  After more than a year of posing of this question, it seems to have been answered in “negative”. Coincidentally, the Third (3rd) Worldwide Cyber Security Summit of New Delhi, India is in progress. Now the question is “Will the Third (3rd) Worldwide Cyber Security Summit of Delhi Succeed”?

We are reposting below this guest post of Praveen Dalal, managing partner of Perry4Law and CEO of PTLB for the larger debate on this issue.

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 Public International Law(s) 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.