China is planning to formulate a comprehensive
national security law amid rapidly changing circumstances in online
and off line worlds. However, like other countries, China has also
stressed too much upon regulation and intelligence dependence than
balancing
the national security and civil liberties requirements. China has
also decided to launch its own operating system to remove dependence
upon foreign operating systems.
The proposed law seeks to punish companies and
individuals engaged in spying and espionage activities. It also
includes provisions pertaining to sealing, seizure and confiscation
of device, money, venue, supplies and other properties that are
related to espionage activities. Illegal income attributable to such
activities can also be confiscated.
On the other hand, the national
security policy of India is grossly deficient on numerous
counts. The biggest lacuna is that it lacks a techno
legal orientation and implementation. There are certain
essential
components of national security policy of India that are
still missing. Even the national
cyber security policy of India is defective and is still
not implemented.
India has been planning to undergo technological
upgrade of border broadcast infrastructure due to Chinese
broadcasts. The Telecom Commission Cellular
Loop’s Proposal would also strengthen mobile based
surveillance on national security grounds in India. However, absence
of a techno legal national security law of India is the biggest
hurdle.
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