Wednesday, June 15, 2011

White House Is Mulling Federal Cyber Security Law

United States (US) is a country that takes its cyber security very seriously. Recently US declared its international cyberspace strategy. US is also entering into bilateral cyber security agreements with various countries including India. Further, US is also advocating international cooperation for cyber security issues, though within the limits of existing international law framework and not through a dedicated international cyber security treaty.

Cyber attacks at the international level are getting worst and more sophisticated. Recently cyber attacks at Gmail, Citicorp, International Monetary Fund, etc have proved the point. Cyber security has become a necessity these days. Since cyber security is techno legal in nature, both laws and technology must be used to tackle cyber attacks.

India has a bad cyber law, missing cyber security and cyber warfare policy and absent cyber security laws. US on the other hand has good cyber laws and is now planning to have a federal cyber security law. The focus seems to be on developing both offensive and defensive cyber warfare capabilities. The department of homeland security may be entrusted with the job to secure US cyberspace.

In the Indian context, expecting cyber security law before a decade would be pre mature and over optimism. India must first make its cyber law potent and strong by repealing the existing one. But given the preference of e-surveillance over cyber security capabilities in India, the information technology act, 2000 may continue on the statute book despite it being a bad law having unconstitutional provisions.

Cyber security is an international concept and so must be the regulations governing the same. We need international harmonisation because a national approach in this regard would not be sufficed.

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