Internet has become a necessity for all Countries of
the World. Internet has also connected the virtual territories of
different Countries to a collective area known as Cyberspace. This
connectivity element has provided many opportunities and benefits to
Cyberspace Netizens and stakeholders at large. However, this
connectivity has also given rise to the possibilities and
opportunities for committing wrongs and crimes by various criminal
elements.
Newer concepts like Cyber Terrorism, Cyber Warfare,
Cyber Espionage, etc have also emerged that have disastrous effects
if not properly safeguarded and tackled. As on date there is no
globally acceptable Cyber Law or Cyber Security Treaty.
Similarly, there is also no full proof and absolutely certain way to
ascertain Authorship
Attribution for Cyber Crimes and Cyber Attacks. Presence of
Conflict of Laws
in Cyberspace and absence of Civil
Liberties Protection in Cyberspace has further complicated the
international Cyber Law and Cyber Security related issues. Privacy
Protection in the Information Era has also become an invincible
task for Governments around the world.
In these circumstances, International
Legal Issues of Cyber Attacks are not easy to manage. This is
more so for India that is still not Cyber
Prepared for International Cyber Attacks. Take the example of
recent episode of hacking
of Sony’s systems. Despite the strong statements of United
States and its Agencies, it is very difficult to accept that North
Korea was behind the hack. This is because United States has failed
to prove authorship Attribution in a “Convincing and Proper
Manner”. Thus, despite all allegations, counter allegations and
other materials, it may not be possible to trace back the true
attacker.
There is no “Neutral Authority” that can analyse
the claims of both United States and North Korea in this regard. Both
Countries may stick to their respective stands but in the end not
much could be achieved through the same. Of course, this episode may
give impetus to revive the lapsed or suspended Laws in United States
that would have serious Civil Liberties Issues.
At a time when “Net
Neutrality” is in grave danger, imposing own Standards and
Measures against Potential, Actual and Invented Cyber Attacks by any
Country should be sternly discouraged. It is also high time to
resolve International Legal Issues of Cyber Attacks at a global
scale.
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