law relating to cyberterrorism

Upload: arpan-kamal

Post on 20-Feb-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

  • 7/24/2019 Law Relating to Cyberterrorism

    1/4

    Law relating to Cyberterrorism

    Before looking into the issue of Cyberterrorism it is important to understand that it should

    not be confused with Internet and terrorism i.e. Presence of terrorist groups on the

    internet.

    Cyberterrorism

    Defining Cyberterrorism is quite difficult task. owe!er" #sian $chool of Cyber %aws has

    defined the term as&'

    Cyber terrorism is the premeditated use of disruptive activities, or the threat thereof, in

    cyber space, with the intention to further social, ideological, religious, political or similar

    objectives, or to intimidate any person in furtherance of such objectives.

    (he underlying premise in this definition is that cyber crime and cyber terrorism differ only

    on the basis of the moti!e and intention of the perpetrator.Incidence

    %et)s ha!e look at some ma*or Cyberterrorism incidents to understand the definition.

    In +,,-" a Boli!ian terrorist organiation had assassinated four /.$. army personnel. # raid

    on one of the hideouts of the terrorist)s yielded information encrypted using symmetric

    encryption. # +0'hour brute force attack resulted in the decryption of the information and

    subsequently led to one of the largest drug busts in Boli!ian history and the arrest of the

    terrorists.

    In +,,, hackers attacked 1#(2 computers. (he computers flooded them with email and hitthem with a denial of ser!ice 3Do$4. (he hackers were protesting against the 1#(2

    bombings in 5oso!o. Businesses" public organiations and academic institutions were

    bombarded with highly politicied emails containing !iruses from other 6uropean countries.

    In 077+" in the back drop of the downturn in /$'China relationships" the Chinese hackers

    released the Code 8ed !irus into the wild. (his !irus infected millions of computers around

    the world and then used these computers to launch denial of ser!ice attacks on /$ web

  • 7/24/2019 Law Relating to Cyberterrorism

    2/4

    sites" prominently the web site of the 9hite ouse.

    In 0770" numerous prominent Indian web sites were defaced. :essages relating to the

    5ashmir issue were pasted on the home pages of these web sites. (he Pakistani acker

    Club" led by Doctor 1eukar is belie!ed to be behind this attack.

    In :ay 077- 6stonia was sub*ected to a mass cyber'attack by hackers inside the 8ussian;ederation which some e!idence suggests was coordinated by the 8ussian go!ernment"

    though 8ussian officials deny any knowledge of this. (his attack was apparently in response

    to the remo!al of a 8ussian 9orld 9ar II war memorial from downtown 6stonia.

    In December" 07+7 the website of the Central Bureau of In!estigation 3CBI4 was hacked by

    programmers identifying themsel!es as Pakistani Cyber #rmy.

    Tools of Terror

    Cyber terrorists use !arious tools and methods to unleash their terrorism. $ome of the

    ma*or tools and methodologies are&' acking

  • 7/24/2019 Law Relating to Cyberterrorism

    3/4

    or disruption of supplies or ser!ices essential to the life of the community or ad!ersely affect

    the critical information infrastructure specified under $ection -7" or

    3B4 knowingly or intentionally penetrates or accesses a computer resource without

    authorisation or eAceeding authorised access" and by means of such conduct obtains

    access to information" data or computer database that is restricted for reasons for thesecurity of the $tate or foreign relations" or any restricted information" data or computer

    database" with reasons to belie!e that such information" data or computer database so

    obtained may be used to cause or likely to cause in*ury to the interests of the so!ereignty

    and integrity of India" the security of the $tate" friendly relations with foreign $tates" public

    order" decency or morality" or in relation to contempt of court" defamation or incitement to an

    offence" or to the ad!antage of any foreign nation" group of indi!iduals or otherwise"

    commits the offence of cyber terrorism.

    Punishment

    9hoe!er commits or conspires to commit cyber terrorism shall be punishable with

    imprisonment which may eAtend to imprisonment for life. I.e. Imprisonment not eAceeding

    fourteen years 3$ec. " IPC4

    (his $ection has defined con!entional Cyber attacks like" unauthorised access" denial of

    ser!ice attack" etc" but as discussed abo!e" moti!e and intention of the perpetrator

    differentiates the attack from an ordinary to an act of terrorism.

    Illustration

    8ohit" a acker" gains unauthorised access into 8ailway traffic control grid 3the grid has

    been declared as Critical Information Infrastructure /=$ec. -74 and thereby strikes terroramongst people" 8ohit is said to ha!e done an act of Cyberterrorism.

    Sagar Rahurkar

    [email protected]

    Sagar Rahurkar, a Law graduate, is Head(Maharashtra) at Asian School of Cyer Law

    Sagar s!eciali"es in Cyer Law, #ntellectual $ro!erty Law and Cor!orate Law. Sagaralso teaches law at nu%erous educational institutes and has also trained officials fro%

    &arious law enforce%ent agencies.

    mailto:[email protected]:[email protected]
  • 7/24/2019 Law Relating to Cyberterrorism

    4/4

    http://www.chmag.in/article/nov2011/law-relating-cyberterrorism