On 18th Oct 2021, while inaugurating the services of Techno-Para-Legal by Mayakshi, Lt Gen (Dr) Rajesh Pant, National Information Security Coordinator felt that there is a need of a Cyber Security Act.
The Information Technology Act 2000 came into being to enable e-commerce and meet India’s commitment to the United Nations. The primary objective was to enable and empower the user to make online transactions that can be recognised by the government and courts. Certain civil and criminal liabilities were introduced to strengthen the confidence in net-based transactions.
The world has moved on since the year 2000, and now information technology impacts every aspect of human life. The nation-states, non-state actors, Cyber terrorists, organised criminals to common mischiefs makers use the Internet-based applications along with the masses. The Information technology Act which is an enabler for the usage of the networks cannot effectively perform the act inhibitor for cyberspace. The involvement of technology has become so great that the Information Technology Act half-baked procedures are being used at par with Major Acts.
Being prevailed to be the first National Information Security Coordinator, I had reasonable insight and experience to share for the good of the nation. Let me share my vision as to how the Cyber Security Act of India should look like. It may far from perfect but probably a first step in the direction. Please share your thoughts in the comment box or write to me.
The Cyber Security Act of India
(only the core part)
Shades of Threats in Cyberspace
Cyber war
Cyber social invasion and PsyOps
Cyber intelligence
Cyber surveillance
Cyber Espionage
Cyber Terrorism
Cyber Crime
Cyber infraction
Innocent errors
Financial Assurance Framework
Electronic Financial transactions
E-Commerce
E-Contract (especially long life e-contracts viz-a-viz life limitation of electronic signature)
Taxation
Physical products and Digital products
Transactions Within India
Purchases from outside India
Sale to outside India entity
Foreign currency management in online transaction
Virtual Currency, money laundering and taxation
Virtual or mixed barter system
Electronic Signature Management
Managing identification, authentication, accuracy and non-repudiation
Indian Public Key Infrastructure
International Public Key Infrastructure
Organisational Key generation and management infrastructure
Non-PKI based Electronic signature
Technology management and technology roll-over
Electronic signature of devices
Quantum Key Distribution and cryptology
Standards, Audits, Certification and Accreditation
International Organisation of Standards
International Telecommunication Union
Indian Standards
National Accreditation Board
Ministry of Electronics and Information Technology
Auditing and Certification Framework
Assurance mechanisms
Support, Sharing and Coordination
Intra-government coordination
Critical Infrastructure entities and organisations
Intra-Sectoral ( Private as well as public)
With International nations and entities
Incident reports and periodic returns
Warning and State of Readiness flag
Decryption and Interception
Procedures
Privacy safeguards
Responsibility and Accountability
Citizens
Entities
Law Enforcement Agencies
Service Providers
National Cyber Security Structures
Cyber Security Commission
National Information Board
Cyber Security Regulator
Web of Certs/ Cyber Coordination Centres
Department of Electronics and Information Technology
National Cyber Defence Command
National Technical Research Organisation
National Information Infrastructure Protection Centre
Intelligence Agencies
Industry Confederations and organisations
Law Enforcement Agencies
Judiciary
Cyber Forensic Labs
Private Cyber Investigation
International Cooperation
Inter nation-state investigation procedure
International Cooperation and coordination for cyber security
Digital Evidence management and presentation
Extradition
Investigation support agreements
Cyber Crime Control
Computer as a source of crime
Cyberspaces as a medium for crime
Computer as a target of crime
Crime committed by machines of their own
Inducing for crime or suicide
Organised cyber crime
Cyber crime against children
Consolidation of minor crimes into large crime
Offender and victim both within Indian Territory but Cyber resources used are outside India
Offender and victim both outside the Indian Territory but Cyber some resource used are within India
Offender, victim and resources within India
Electronic Evidence management and investigation procedures
Qualification and rating of cyber forensic experts, tools and software
Search procedure for electronic evidence
Procedure for the seizure of electronic evidence by investigating agency
By non-technical investigator
With help of Cyber Forensic experts
Urgency versus procedure ( where, when and how)
Procedure for search and seizures in cases of, Non-Cognizable offences and civil offences
Electronic evidence analysis and use of data analytics
Privacy, redaction, pseudo-anonymising and anonymising
Electronic evidences searched, seized or analysed by the person(s)/ entity(s) outside India.
Offences and infractions
Civil offences
Criminal offences
Regulatory offences
Disciplinary actions
Future Technologies and conversion of technologies
Impact of Artificial Intelligence including machine learning
Impact of convergence of technologies
Quantum Computing
Cyber intrusion/crime/war from open seas and space
Cyber-attack on Space vehicles and satellites
Miscellaneous issues
Rating Agencies
Education, awareness and skill development
Innovation management, Research & Development
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