By Raghunandan Malik, Director, EBC Learning
Our world today is undeniably digital. As our technologies become smarter and connected, the need to observe precaution and prevention has increased as well. Everything we do online is observed, stored, and shared. Therefore, as the line between virtual and real blurs, it is imperative that we treat cyber security as a national priority.
The approach needs to go beyond companies and extend protection at the individual level. As individuals, institutions, businesses, and even government entities pivot to digitization, there is an increased risk of cyber-attacks. As per a report by the Data Security Council of India (DSCI), India was the second-most affected country due to targeted cyberattacks between 2016 and 2018.
While there are measures in place to tackle cyber-attacks, the laws aren’t strong enough for the changing landscape of digitization. The IT Act in India currently comprises a marginal percentage of cyber threats. Recently spotted crimes such as spoofing, smashing, web-jacking, etc. aren’t yet a part of the Act. The legislation for cyber security threats i.e. The Information Technology Act, 2000 is more than two decades old. It was primarily introduced for digital transactions and electronic filing of documents with government agencies. The extensive use of the internet has outgrown the Act.
The cyber-attack on the health data of the All India Institute of Medical Sciences (AIIMS), New Delhi, is just one such example of how evolved cyber security challenges have become. The times that we live in necessitate the need for a comprehensive and agile cybersecurity framework. Simultaneously going beyond just banking the traditional way, the internet is now a part of our everyday lives accumulating data at every tryst with the web. Digital Payment, digital money, IoT connectivity, social media, social commerce, etc. have changed the very fabric of routine economic transactions.
One of the pillars of this strong foundation is a Public-Private Partnership (PPP). PPPs are collaborative and strategic partnerships between the public and the private sector including government agencies, like regulatory and law enforcement authorities. Public-Private Partnerships can go a long way in identifying and preventing evolved cyber threats. PPPs can augment the prosecution, prevention and investigation of cybercrime. With the reach of the public sector in terms of policies and regulations and the resources of the private sector, PPPs for cybercrime prevention can help in creating a net of safety around digital India. Public-Private Partnerships are integral for effective cybercrime legislation. Such partnerships can help in prioritizing threats, timely investigations, threat analysis, heightened risk awareness, and a better understanding of complex financial issues and their vulnerabilities.
The other pillar of this foundation is a comprehensive understanding of the law to prevent and flag cybercrimes. The role of academia or legal education in cyber security is not limited to just a responsive approach. Comprehensive legal education also aids in developing cutting-edge solutions and conducting research for the ever-changing nature of cyberspace. Continued legal education with portals can help legal professionals mitigate the cybercrime space.
The impact of cybercrimes is grave especially now that we can seldom separate virtual and real life. Be it for operational optimization, infotainment, business, education, or entertainment, the internet is what connects us. Therefore, the future of cybercrime legislation must prioritize and take into account this changing landscape. The legislation must be pruned and perfected to mirror the times we live in.