Cyber law issues, cyber security and national
security are on agenda of Indian government these days. However, till
now cyber
security in India is not upto the mark and cyber
law of India requires an urgent repeal. This is because
the entire approach and attitude of India government is defective.
Indian government has failed to understand that
e-surveillance
is not a substitute for cyber security capabilities.
Instead of developing
cyber security capabilities of India, the Indian
government is stressing upon growing use of e-surveillance
in India and Internet
censorship in India.
All these exercises of India government have been
done without any legal framework supporting these initiatives of
Indian government. Phones are tapped in India without a
constitutionally valid phone
tapping laws in India. The central
monitoring system project of India (CMS Project of India)
is also not supported by any legal framework. Surveillance
of Internet traffic in India is also another area that
requires a sound legal framework. Various authorities with far
reaching powers have been created without any legal backing.
Now the government has proposed setting up of
National Cyber Coordination Centre (NCCC) of India. The NCCC would
provide actionable alerts to government departments in cases of
perceived security threats. It is hoped that this would help in
fighting terrorists and other cyber criminals.
The NCCC will scan whole cyber traffic flowing at
the point of entry and exit at India’s international Internet
gateways. The web scanning centre will provide actionable alerts for
proactive actions to be taken by government departments. All
government departments will now talk to the Internet Service
Providers (ISPs) through NCCC for real time information and data on
threats. Presently, the monitoring of web traffic is done by Centre
for Development of Telematics (C-DoT) which has installed its
equipments at the premises of ISPs and gateways.
All tweets, messages, emails, status updates and
even email drafts will now pass through the new scanning centre. The
centre may probe further into any email or social media account if it
finds a perceived threat.
India’s National Security Council Secretariat
(NCSC) has asked various departments to assess their needs for
officials, who will coordinate with the scanning agency. The National
Security Council handles the political, nuclear, energy and strategic
security concerns of the country.
This can be another agency without a legal
framework. Creating agencies without legal framework is counter
productive as it violates civil liberties and human rights. The
Indian government must keep this in mind while creating NCCC.
Source: ICTPS
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