Cybersecurity in the Power Sector; The Central Electricity Authority released draft regulations for public comments
Introduction
The Central Electricity Authority (CEA) has released the Draft Central Electricity Authority (Cyber Security in Power Sector) Regulations, 2024, inviting ‘comments’ from stakeholders, including the general public, which are to be submitted by 10 September 2024. The new regulation is intended to make India’s power sector more cyber-resilient and responsive to counter emerging cyber threats and safeguard the nation's power infrastructure.
Key Highlights of the CEA’s New (Cyber Security in Power Sector) Regulations, 2024
- Central Electricity Authority has framed the ‘Cyber Security in Power Sector Regulations, 2024’ in the exercise of the powers conferred by sub-section (1) of 177 of the Electricity Act, 2003 in order to make regulations for measures relating to Cyber Security in the power sector.
- The scope of the regulation entails that these regulations will be applicable to all Responsible Entities, Regional Power Committees, Appropriate Commission, Appropriate Government and Associated Power Sector Government Organizations, and Training Institutes recognized by the Authority, Authority and Vendors.
- One key aspect of the proposed regulation is the establishment of a dedicated Computer Security Incident Response Team (CSIRT) for the power sector. This team will coordinate a unified cyber defense strategy throughout the sector, establishing security frameworks, and serving as the main agency for handling incident response and recovery. The CSIRT will also be responsible for creating/developing Standard Operating Procedures (SOPs), security policies, and best practices for incident response activities in consultation with CERT-In and NCIIPC. The detailed roles and responsibilities of CSIRT are outlined under Chapter 2 of the said regulations.
- All responsible entities in the power sector as mentioned under the scope of the regulation, are mandated to appoint a Chief Information Security Officer (CISO) and an alternate CISO, who need to be Indian nationals and who are senior management employees. The regulations specify that these officers must directly report to the CEO/Head of the Responsible Entity. Thus emphasizing the critical nature of CISO’s roles in safeguarding the nation’s power grid sector assets.
- All Responsible Entities shall establish an Information Security Division (ISD) dedicated to ensuring Cyber Security, headed by the CISO and remain operational around the clock. The schedule under regulation entails that the minimum workforce required for setting up an ISD is 04 (Four) officers including CISO and 04 officers/officials for shift operations. Sufficient workforce and infrastructure support shall be ensured for ISD. The detailed functions and responsibilities of ISD are outlined under Chapter 5 regulation 10. Furthermore, the ISD shall be manned by sufficient numbers of officers, having valid certificates of successful completion of domain-specific Cyber Security courses.
- The regulation obliged the entities to have a defined, documented and maintained Cyber Security Policy which is approved by the Board or Head of the entity. The regulation also obliged the entities to have a Cyber Crisis Management Plan (CCMP) approved by the higher management.
- As regards upskilling and empowerment the regulation advocates for organising or conducting periodic Cyber Security awareness programs and Cyber Security exercises including mock drills and tabletop exercises.
CyberPeace Policy Outlook
CyberPeace Policy & Advocacy Vertical has submitted its detailed recommendations on the proposed ‘Cyber Security in Power Sector Regulations, 2024’ to the Central Electricity Authority, Government of India. We have advised on various aspects within the regulation including harmonisation of these regulations with other rules as issued by CERT-In and NCIIPC, at present. As this needs to be clarified which set of guidelines will supersede in case of any discrepancy that may arise. Additionally, we advised on incorporating or making modifications to specific provisions under the regulation for a more robust framework. We have also emphasized legal mandates and penalties for non-compliance with cybersecurity, so as to make sure that these regulations do not only act as guiding principles but also provide stringent measures in case of non-compliance.
References:
Related Blogs
Introduction
US President Biden takes a step by signing a key executive order to manage the risks posed by AI. The new presidential order on Artificial intelligence (AI) sets rules on the rapidly growing technology that has big potential but also covers risks. The presidential order was signed on 30th October 2023. It is a strong action that the US president has taken on AI safety and security. This order will require the developers to work on the most powerful AI model to share their safety test results with the government before releasing their product to the public. It also includes developing standards for ethically using AI and for detecting AI-generated content and labelling it as such. Tackling the many dangers of AI as it rapidly advances, the technology poses certain risks by replacing human workers, spreading misinformation and stealing people's data. The white house is also making clear that this is not just America’s problem and that the US needs to work with the world to set standards here and to ensure the responsible use of AI. The white house is also urging Congress to do more and pass comprehensive privacy legislation. The order includes new safety guidelines for AI developers, standards to disclose AI-generated content and requirements for federal agencies that are utilising AI. The white house says that it is the strongest action that any government has taken on AI safety and security. In the most recent events, India has reported the biggest ever data breach, where data of 815 million Indians has been leaked. ICMR is the Indian Council of Medical Research and is the imperial medical research institution of India.
Key highlights of the presidential order
The presidential order requires developers to share safety test results. It focuses on developing standards, tools & tests to ensure safe AI. It will ensure protection from AI-enabled frauds and protect Americans' privacy, advance equity and civil rights, stand up for consumers and workers, promote innovation and competition, protect against risks of using AI to engineer dangerous material and provide guidelines for detecting AI -AI-generated content and establishing overall standards for AI safety and security.
Online content authentication and labelling
Biden administration has asked the Department of Commerce to set guidelines to help authenticate content coming from the government, meaning the American people should be able to trust official documents coming from the government. So, focusing on content authentication, they have also talked about labelling AI-generated content, making the differentiation between a real authentic piece of content and something that has been manipulated or generated using AI.
ICMR Breach
On 31/10/2023, an American intelligence and cybersecurity agency flagged the biggest-ever data breach, putting the data of 81.5 crore Indians at stake and at at potential risk of making its way to the dark market. The cyber agency has informed that a ‘threat actor’, also known as ‘pwn001’ shared a thread on Breach Forums, which is essentially claimed as the ‘premier Databreach discussion and leaks forum’. The forum confirms a breach of 81.5 crore Indians. As of today,, ICRM has not issued any official statement, but it has informed the government that the prestigious Central Bureau of Investigation (CBI) will be taking on the investigation and apprehending the cybercriminals behind the cyber attack. The bad actor’s alias, 'pwn001,' made a post on X (formerly Twitter); the post informed that Aadhaar and passport information, along with personal data such as names, phone numbers, and addresses. It is claimed that the data was extracted from the COVID-19 test details of citizens registered with ICMR. This poses a serious threat to the Indian Netizen from any form of cybercrime from anywhere in the world.
Conclusion:
The US presidential order on AI is a move towards making Artificial intelligence safe and secure. This is a major step by the Biden administration, which is going to protect both Americans and the world from the considerable dangers of AI. The presidential order requires developing standards, tools, and tests to ensure AI safety. The US administration will work with allies and global partners, including India, to develop a strong international framework to govern the development and use of AI. It will ensure the responsible use of AI. With the passing of legislation such as the Digital Personal Data Protection Act, 2023, it is pertinent that the Indian government works towards creating precautionary and preventive measures to protect Indian data. As the evolution of cyber laws is coming along, we need to keep an eye on emerging technologies and update/amend our digital routines and hygienes to stay safe and secure.
References:
- https://m.dailyhunt.in/news/india/english/lokmattimes+english-epaper-lokmaten/biden+signs+landmark+executive+order+to+manage+ai+risks-newsid-n551950866?sm=Y
- https://www.hindustantimes.com/technology/in-indias-biggest-data-breach-personal-information-of-81-5-crore-people-leaked-101698719306335-amp.html?utm_campaign=fullarticle&utm_medium=referral&utm_source=inshorts
Introduction
In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.
What is DPDP, 2022?
Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.
The bill highlights the following keen aspects-
- Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
- Data Principle- The individual to whom personal data is related.
- Processing- The entire cycle of operations that can be carried out concerning personal data.
- Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
- Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
- Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
- Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
- Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.
Data Protection Board
The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.
Global Comparison
Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:
- European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
- United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
- Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
- Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
- Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.
Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.
Parliamentary Asscent
The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight. The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.
Conclusion
India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.
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Introduction to Grooming
The term grooming is believed to have been first used by a group of investigators in the 1970s to describe patterns of seduction of an offender towards a child. It eventually evolved and began being commonly used by law enforcement agencies and has now replaced the term seduction for this behavioural pattern. At its core, grooming refers to conditioning a child by an adult offender to further their wrong motives. In its most popular sense, it refers to the sexual victimisation of children whereby an adult befriends a minor and builds an emotional connection to sexually abuse, exploit and even trafficking such a victim. The onset of technology has shifted the offline physical proximity of perpetrators to the internet, enabling groomers to integrate themselves completely into the victim’s life by maintaining consistent contact. It is noted that while grooming can occur online and offline, groomers often establish online contact before moving the ‘relationship’ offline to commit sexual offences.
Underreporting and Vulnerability of Teenagers
Given the elusive nature of the crime, cyber grooming remains one of the most underreported crimes by victims, who are often unaware or embarrassed to share their experiences. Teenagers are particularly more susceptible to cyber grooming since they not only have more access to the internet but also engage in more online risk-taking behaviours such as posting sensitive and personal pictures. Studies indicate that individuals aged 18 to 23 often lack awareness regarding the grooming process. They frequently engage in relationships with groomers without recognising the deceptive and manipulative tactics employed, mistakenly perceiving these relationships as consensual rather than abusive.
Rise of Cyber Grooming incidents after COVID-19 pandemic
There has been an uptick in cyber grooming after the COVID-19 pandemic, whereby an adult poses as a teenager or a child and befriends a minor on child-friendly websites or social media outlets and builds an emotional connection with the victim. The main goal is to obtain intimate and personal data of the minor, often in the form of sexual chats, pictures or videos, to threaten and coerce them into continuing such acts. The grooming process usually begins with seemingly harmless inquiries about the minor's age, interests, and family background. Over time, these questions gradually shift to topics concerning sexual experiences and desires. Research and data indicate that online grooming is primarily carried out by males, who frequently choose their victims based on attractiveness, ease of access, and the ability to exploit the minor's vulnerabilities.
Beyond Sexual Exploitation: Ideological and Commercial Grooming
Grooming is not confined to sexual exploitation. The rise of technology has expanded the influence of extremist ideological groups, granting them access to children who can be coerced into adopting their beliefs. This phenomenon, known as ideological grooming, presents significant personal, social, national security, and law enforcement challenges. Additionally, a new trend, termed digital commercial grooming, involves malicious actors manipulating minors into procuring and using drugs. Violent extremists are improving their online recruitment strategies, learning from each other to target and recruit supporters more effectively and are constantly leveraging children’s vulnerabilities to reinforce anti-government ideologies.
Policy Recommendations to Combat Cyber Grooming
To address the pervasive issue of cyber grooming and child recruitment by extremist groups, several policy recommendations can be implemented. Social media and online platforms should enhance their monitoring and reporting systems to swiftly detect and remove grooming behaviours. This includes investing in AI technologies for content moderation and employing dedicated teams to respond to reports promptly. Additionally, collaborative efforts with cybersecurity experts and child psychologists to develop educational campaigns and tools that teach children about online safety and identify grooming tactics should be mandated. Legislation should also be strengthened to include provisions specifically addressing cyber grooming, ensuring strict penalties for offenders and protections for victims. In this regard, international cooperation among law enforcement agencies and tech companies is essential to create a unified approach to tackling cross-border online threats to children's safety and security.
References:
- Lanning, Kenneth “The Evolution of Grooming: Concept and Term”, Journal of Interpersonal Violence, 2018, Vol. 33 (1) 5-16. https://www.nationalcac.org/wp-content/uploads/2019/05/The-evolution-of-grooming-Concept-and-term.pdf
- Jonie Chiu, Ethel Quayle, “Understanding online grooming: An interpretative phenomenological analysis of adolescents' offline meetings with adult perpetrators”, Child Abuse & Neglect, Volume 128, 2022, 105600, ISSN 0145-2134,https://doi.org/10.1016/j.chiabu.2022.105600. https://www.sciencedirect.com/science/article/pii/S014521342200120X
- “Online child sexual exploitation and abuse”, Sharinnf Electronic Resources on Laws and Crime, United Nations Office for Drugs and Crime. https://sherloc.unodc.org/cld/en/education/tertiary/cybercrime/module-12/key-issues/online-child-sexual-exploitation-and-abuse.html
- Mehrotra, Karishma, “In the pandemic, more Indian children are falling victim to online grooming for sexual exploitation” The Scroll.in, 18 September 2021. https://scroll.in/magazine/1005389/in-the-pandemic-more-indian-children-are-falling-victim-to-online-grooming-for-sexual-exploitation
- Lorenzo-Dus, Nuria, “Digital Grooming: Discourses of Manipulation and Cyber-Crime”, 18 December 2022 https://academic.oup.com/book/45362
- Strategic orientations on a coordinated EU approach to prevention of radicalisation in 2022-2023 https://home-affairs.ec.europa.eu/system/files/2022-03/2022-2023%20Strategic%20orientations%20on%20a%20coordinated%20EU%20approach%20to%20prevention%20of%20radicalisation_en.pdf
- “Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System”, United Nations Office on Drugs and Crime, 2017. https://www.unodc.org/documents/justice-and-prison-reform/Child-Victims/Handbook_on_Children_Recruited_and_Exploited_by_Terrorist_and_Violent_Extremist_Groups_the_Role_of_the_Justice_System.E.pdf
