Cyber Security – CERTs, Policy, etc

In the Pegasus case, a stark difference in the efficiency of law enforcement in India and the US

Note4Students

From UPSC perspective, the following things are important :

Mains level: Cybercrime;

Why in the News?

The US court ruling found the maker of Pegasus spyware guilty of hacking WhatsApp, while in India, the investigation ended quietly without any results.

What are the implications of the US court ruling against NSO Group?

  • Legal Accountability Established: The US District Court’s ruling that NSO Group is liable for hacking WhatsApp users marks a significant legal precedent. It affirms that private companies engaged in illegal surveillance can be held accountable in a court of law, which may encourage other jurisdictions to take similar actions against such entities.
  • Protection of Privacy Rights: The ruling underscores the importance of user privacy and proprietary technology protection. It emphasizes that courts can act decisively to safeguard individual rights against corporate malfeasance, setting a standard for privacy protection that could influence global norms.
  • Pressure on NSO Group: The verdict amplifies economic and operational pressures on NSO Group, potentially leading to stricter regulations and oversight of surveillance technology firms worldwide. This could deter similar future actions by other companies in the industry.

Why has India’s inquiry into the Pegasus allegations been ineffective?

  • Government Evasion: The Indian government’s refusal to confirm or deny the use of Pegasus spyware has significantly hampered any meaningful investigation. This silence has been framed as a matter of national security but is perceived as a deliberate evasion of accountability.
  • Lack of Cooperation: The Supreme Court’s appointed committee faced challenges due to the government’s lack of cooperation.
    • Key stakeholders like WhatsApp and Apple were not compelled to provide evidence or testimony, limiting the committee’s ability to draw conclusive findings.
  • Judicial Delays and Inaction: India’s judicial system is plagued by delays and inefficiencies, which have further stalled inquiries into Pegasus. Parliamentary debates have devolved into unproductive exchanges, failing to generate actionable outcomes.

 

What are the legislations related to spyware attacks in India?

  • Information Technology Act, 2000 (IT Act):
    • Section 43: Criminalizes unauthorized access to computer systems and networks, making hacking a punishable offense.
    • Section 66: Addresses cybercrime and provides penalties for violations of computer-related laws.
    • Section 69: Allows government agencies to intercept data on grounds of national security but does not authorize the installation of spyware like Pegasus on devices without proper oversight.
  • Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009: These rules require that no interception can occur without the direction and approval of a competent authority, aiming to provide some level of oversight.
  • Digital Personal Data Protection Act (DPDPA): Recently passed in 2023, this act has faced criticism for allegedly providing legal cover for state surveillance while lacking robust protections for individual privacy rights. Critics argue that its vague language allows for arbitrary government.

What should be the next steps for Indian authorities following the US verdict? (Way forward)

  • Reinitiate Investigations: Indian authorities should consider reopening investigations into Pegasus with renewed vigour, leveraging insights from the US court ruling. This includes calling for transparency from technology companies involved in the case.
  • Engage with Stakeholders: Authorities should actively engage with WhatsApp, Apple, and other relevant parties to gather comprehensive evidence regarding the spyware’s use in India. This collaboration is crucial for establishing accountability.
  • Legislative Reforms: There is an urgent need for systemic reforms in surveillance laws and practices in India. Authorities should work towards creating robust frameworks that protect citizens’ privacy rights and establish clear guidelines for state surveillance activities.
  • Public Disclosure: To rebuild public trust, it is essential for the government to disclose findings from previous inquiries and commit to transparency moving forward. This includes making reports from technical committees publicly available

Mains PYQ:

Q Discuss different types of cyber crimes and measures required to be taken to fight the menace. (UPSC IAS/2020)

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