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Introduction

To every Indian’s pride, the maritime sector has seen tremendous growth under various government initiatives. Still, each step towards growth should be given due regard to security measures. Sadly, cybersecurity is still treated as a secondary requirement in various critical sectors, let alone to protect the maritime sector and its assets. Maritime cybersecurity includes the protection of digital assets and networks that are vulnerable to online threats. Without an adequate cybersecurity framework in place, the assets remain at risk from cyber threats, such as malware and scams, to more sophisticated attacks targeting critical shore-based infrastructure. Amid rising global cyber threats, the maritime sector is emerging as a potential target, underscoring the need for proactive security measures to safeguard maritime operations. In this evolving threat landscape, assuming that India's maritime domain remains unaffected would be unrealistic.

Overview of India’s Maritime Sector   

India’s potential in terms of its resources and its ever-so-great oceans. India is well endowed with its dynamic 7,500 km coastline, which anchors 12 major ports and over 200 minor ones. India is strategically positioned along the world’s busiest shipping routes, and it has the potential to rise to global prominence as a key trading hub. As of 2023, India’s share in global growth stands at a staggering 16%, and India is reportedly running its course to become the third-largest economy, which is no small feat for a country of 1.4 billion people. This growth can be attributed to various global initiatives undertaken by the government, such as “Sagarmanthan: The Great Oceans Dialogue,” laying the foundation of an insightful dialogue between the visionaries to design a landscape for the growth of the marine sector. The rationale behind solidifying a security mechanism in the maritime industry lies in the fact that 95% of the country’s trade by volume and 70% by value is handled by this sector. 

Current Cybersecurity Landscape in the Maritime Sector 

All across the globe, various countries are recognising the importance of their seas and shores, and it is promising that India is not far behind its western counterparts. India has a glorious history of seas that once whispered tales of Trade, Power, and Civilizational glory, and it shall continue to tread its path of glory by solidifying and securing its maritime digital infrastructure. The path brings together an integration of the maritime sector and advanced technologies, bringing India to a crucial juncture – one where proactive measures can help bridge the gap with global best practices. In this context, to bring together an infallible framework, it becomes pertinent to incorporate IMO’s Guidelines on maritime cyber risk management, which establish principles to assess potential threats and vulnerabilities and advocate for enhanced cyber discipline. In addition, the guidelines that are designed to encourage safety and security management practices in the cyber domain warn the authorities against procedural lapses that lead to the exploitation of vulnerabilities in either information technology or operational technology systems. 

Anchoring Security: Global Best Practices & Possible Frameworks

The Asia-Pacific region has not fallen behind the US and the European Union in realising the need to have a dedicated framework, with the growing prominence of the maritime sector and countries like Singapore, China, and Japan leading the way with their robust frameworks. They have in place various requirements that govern their maritime operations and keep in check various vulnerabilities, such as Cybersecurity Awareness Training, Cyber Incident Reporting, Data Localisation, establishing secure communications, Incident management, penalties, etc.

Every country striving towards growth and expanding its international trade and commerce must ensure that it is secure from all ends to boost international cooperation and trust. On that note, the maritime sector has to be fortified by placing the best possible practices or a framework that is inclined towards its commitment to growth. The following four measures are indispensable to this framework, and in the maritime industry, they must be adapted to the unique blend of Information Technology (IT) and Operational Technology (OT) used in ships, ports, and logistics. The following mechanisms are not exhaustive in nature but form a fundamental part of the framework:

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• Risk Assessment: Identifying, analysing, and ensuring that all systems that are susceptible to cyber threats are prioritized and vulnerability scans are conducted of vessel control systems and shore-based systems. The critical assets that have a larger impact on the whole system should be kept formidable in comparison to other systems that may not require the same attention.
• Access Control: Restrictions with regard to authorisation, wherein access must be restricted to verified personnel to reduce internal threats and external breaches. 
• Incident Response Planning: The nature of cyber risks is inherently dynamic in nature; there are no calls for cyber attacks or warfare techniques. Such attacks are often committed in the shadows, so as to require an action plan to respond to and to recover from cyber incidents effectively. 
• Continuous Staff Training: Regularly educating all levels of maritime personnel about cyber hygiene, threat trends, and secure practices. 

CyberPeace Suggests: Legislative & Executive Imperatives

It can be said with reasonable foresight that the Indian maritime sector is in need of a national maritime cybersecurity framework that operates in cooperation with the international framework. The national imperatives will include robust cyber hygiene requirements, real-time threat intelligence mechanisms, incident response obligations, and penalties for non-compliance. The government must strive to support Indian shipbuilders through grants or incentives to adopt cyber-resilient ship design frameworks. 

The legislative quest should be to incorporate the National Maritime Cybersecurity Framework with the well-established CERT-In guidelines and data protection principles. The one indispensable requirement set under the framework should be to mandate Cybersecurity Awareness Training to help deploy trained personnel equipped to tackle cyber threats. The rationale behind such a requirement is that there can be no “one-size-fits-all” approach to managing cybersecurity risk, which is dynamic and evolving in nature, and the trained personnel will play a key role in helping establish a customised framework. 

References

• https://pib.gov.in/PressNoteDetails.aspx?NoteId=153432&reg=3&lang=1 
• https://bisresearch.com/industry-report/global-maritime-cybersecurity-market.html#:~:text=Maritime%20cybersecurity%20involves%20safeguarding%20digital,and%20protection%20against%20potential%20risks. 
• https://www.shipuniverse.com/2025-maritime-cybersecurity-regulations-a-simplified-breakdown/#:~:text=Japan%3A,for%20incident%20response%20and%20recovery. 
• https://wwwcdn.imo.org/localresources/en/OurWork/Security/Documents/MSC-FAL.1-Circ.3-Rev.2%20-%20Guidelines%20On%20Maritime%20Cyber%20Risk%20Management%20(Secretariat)%20(1).pdf 

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Introduction

Misinformation is, to its basic meaning, incorrect or misleading information, it may or may not include specific malicious intent and includes inaccurate, incomplete, misleading, or false information and selective or half-truths. The main challenges in dealing with misinformation are defining and distinguishing misinformation from legitimate content. This complexity arises due to the rapid evolution and propagation which information undergoes on the digital platforms. Additionally, balancing the fundamental right of freedom of speech and expression with content regulation by state actors poses a significant challenge. It requires careful consideration to avoid censorship while effectively combating harmful misinformation. 

Acknowledging the severe consequences of misinformation and the critical need to combat misinformation, Bharatiya Nyaya Sanhita (BNS), 2023 has implemented key measures to address misinformation in India. These new provisions introduced under the new criminal laws in India penalise the deliberate creation, distribution, or publication of inaccurate information. Previously missing from the IPC, these sections offer an additional legal resource to counter the proliferation of falsehoods, complementing existing laws targeting the same issue.

Section 353 of the BNS on Statements Conducing to Public Mischief criminalises making, publishing, or circulating statements, false information, rumours, or reports, including through electronic means, with the intent or likelihood of causing various harmful outcomes. 

This section thus brings misinformation into its ambit, since misinformation has been traditionally used to induce public fear or alarm that may lead to offences against the State or public tranquillity or inciting one class or community to commit offences against another. The section also penalizes the promotion of enmity, hatred, or ill will among different religious, racial, linguistic, or regional groups. 

BNS also prescribes punishment of imprisonment for up to three years, a fine, or both for offences under section 353. Interestingly, a longer imprisonment of up to 5 years along with a fine has been prescribed to curb such offences in places of worship or during religious ceremonies. The only exception that may be availed under this section is granted to unsuspecting individuals who, believing the misinformation to be true, spread misinformation without any ill intent. However, this exception may not be as effective in curbing misinformation, since at the outset, the offence is hard to trace and has multiple pockets for individuals to seek protection without any mechanism to verify their intent.

The BNS also aims to regulate misinformation through Section 197(1)(d) on Imputations, assertions prejudicial to national integration. Under this provision, anyone who makes or publishes false or misleading information, whether it is in the form of spoken words, written, by signs, in visible representations, or through electronic communication, therefore, results in jeopardising the sovereignty, unity, integrity, or security of India is liable to face punishment in the form of imprisonment for up to three years, a fine, or both and if it occurs in a place of worship or during religious ceremonies, the quantum of punishment is increased to imprisonment for up to five years and may include a fine. Additionally, Section 212 (a) & (b) provides against furnishing false information. If a person who is legally obligated to provide information to a public servant, knowingly or reasonably believes that the information is false, and still furnishes it, they now face a punishment of six months imprisonment or a fine up to five thousand rupees or both. However,  if the false information pertains to the commission or prevention of an offence, or the apprehension of an offender, the punishment increases to imprisonment for up to two years, a fine, or both.

Enforcement Mechanisms: CyberPeace Policy Wing Outlook

To ensure the effective enforcement of these provisions, coordination between the key stakeholders, i.e., the law enforcement agencies, digital platforms, and judicial oversight is essential. Law enforcement agencies must utilize technology such as data analytics and digital forensics for tracking and identifying the origins of false information. This technological capability is crucial for pinpointing the sources and preventing the further spread of misinformation. Simultaneously, digital platforms associated with misinformation content are required to implement robust monitoring and reporting mechanisms to detect and address the generated misleading content proactively. A supporting oversight by judicial bodies plays a critical role in ensuring that enforcement actions are conducted fairly and in line with legal standards. It helps maintain a balance between addressing misinformation and upholding fundamental rights such as freedom of speech. The success of the BNS in addressing these challenges will depend on the effective integration of these mechanisms and ongoing adaptation to the evolving digital landscape.

Resources:

• Bharatiya Nyaya Sanhita, 2023 https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf 
• https://www.foxmandal.in/changes-brought-forth-by-the-bharatiya-nyaya-sanhita-2023/ 
• https://economictimes.indiatimes.com/news/india/spreading-fake-news-could-land-people-in-jail-for-three-years-under-new-bharatiya-nyaya-sanhita-bill/articleshow/102669105.cms?from=mdr 

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About Global Commission on Internet Governance 

The Global Commission on Internet Governance was established in January 2014 with the goal of formulating and advancing a strategic vision for Internet governance going forward. Independent research on Internet-related issues of international public policy is carried out and supported over the two-year initiative. An official commission report with particular policy recommendations for the future of Internet governance will be made available as a result of this initiative.

There are two goals for the Global Commission on Internet Governance. First, it will encourage a broad and inclusive public discussion on how Internet governance will develop globally. Second, through its comprehensive policy-oriented report and the subsequent marketing of this final report, the Global Commission on Internet Governance will present its findings to key stakeholders at major Internet governance events.‍

‍The Internet: exploring the world wide web and the deep web

The Internet can be thought of as a vast networking infrastructure, or network of networks. By linking millions of computers worldwide, it creates a network that allows any two computers, provided they are both online, to speak with one another.

The Hypertext Transfer Protocol is the only language spoken over the Internet and is used by the Web to transfer data. Email, which depends on File Transfer Protocol, Usenet newsgroups, Simple Mail Transfer Protocol, and instant messaging, is also used on the Internet—not the Web. Thus, even though it's a sizable chunk, the Web is only a part of the Internet [1]. In summary, the deep Web is the portion of the Internet that is not visible to the naked eye. It is stuff from the World Wide Web that isn't available on the main Web. Standard search engines cannot reach it. More than 500 times larger than the visible Web is this enormous subset of the Internet [1-2].

The Global Commission on Internet Governance will concentrate on four principal themes:

• Improving the legitimacy of government, including standards and methods for regulation;

• Promoting economic innovation and expansion, including the development of infrastructure, competition laws, and vital Internet resources; 

• Safeguarding online human rights, including establishing the idea of technological neutrality for rights to privacy, human rights, and freedom of expression;

• Preventing systemic risk includes setting standards for state behaviour, cooperating with law enforcement to combat cybercrime, preventing its spread, fostering confidence, and addressing disarmament-related issues.

Dark Web 

The part of the deep Web that has been purposefully concealed and is unreachable using conventional Web browsers is known as the "dark Web." Dark Web sites are a platform for Internet users who value their anonymity since they shield users from prying eyes and typically utilize encryption to thwart monitoring. The Tor network is a well-known source for content that may be discovered on the dark web. Only a unique Web browser known as the Tor browser is required to access the anonymous Tor network (Tor 2014). It was a technique for anonymous online communication that the US Naval Research Laboratory first introduced as The Onion Routing (Tor) project in 2002. Many of the functionality offered by Tor are also available on I2P, another network. On the other hand, I2P was intended to function as a network inside the Internet, with traffic contained within its boundaries. Better anonymous access to the open Internet is offered by Tor, while a more dependable and stable "network within the network" is provided by I2P [3].

Cybersecurity in the dark web

Cyber crime is not any different than crime in the real world — it is just executed in a new medium: “Virtual criminality’ is basically the same as the terrestrial crime with which we are familiar. To be sure, some of the manifestations are new. But a great deal of crime committed with or against computers differs only in terms of the medium. While the technology of implementation, and particularly its efficiency, may be without precedent, the crime is fundamentally familiar. It is less a question of something completely different than a recognizable crime committed in a completely different way [4].”

Dark web monitoring

The dark Web, in general, and the Tor network, in particular, offer a secure platform for cybercriminals to support a vast amount of illegal activities — from anonymous marketplaces to secure means of communication, to an untraceable and difficult to shut down infrastructure for deploying malware and botnets.

As such, it has become increasingly important for security agencies to track and monitor the activities in the dark Web, focusing today on Tor networks, but possibly extending to other technologies in the near future. Due to its intricate webbing and design, monitoring the dark Web will continue to pose significant challenges. Efforts to address it should be focused on the areas discussed below [5].

Hidden service directory of dark web

A domain database used by both Tor and I2P is based on a distributed system called a "distributed hash table," or DHT. In order for a DHT to function, its nodes must cooperate to store and manage a portion of the database, which takes the shape of a key-value store. Owing to the distributed character of the domain resolution process for hidden services, nodes inside the DHT can be positioned to track requests originating from a certain domain [6].

Conclusion

The deep Web, and especially dark Web networks like Tor (2004), offer bad actors a practical means of transacting in products anonymously and lawfully.

The absence of discernible activity in non-traditional dark web networks is not evidence of their nonexistence. As per the guiding philosophy of the dark web, the actions are actually harder to identify and monitor. Critical mass is one of the market's driving forces. It seems unlikely that operators on the black Web will require a great degree of stealth until the repercussions are severe enough, should they be caught. It is possible that certain websites might go down, have a short trading window, and then reappear, which would make it harder to look into them.

References

1. Ciancaglini, Vincenzo, Marco Balduzzi, Max Goncharov and Robert McArdle. 2013. “Deepweb and Cybercrime: It’s Not All About TOR.” Trend Micro Research Paper. October. 
2. Coughlin, Con. 2014. “How Social Media Is Helping Islamic State to Spread Its Poison.” The Telegraph, November 5. 
3. Dahl, Julia. 2014. “Identity Theft Ensnares Millions while the Law Plays Catch Up.” CBS News, July 14. 
4. Dean, Matt. 2014. “Digital Currencies Fueling Crime on the Dark Side of the Internet.” Fox Business, December 18.
5. Falconer, Joel. 2012. “A Journey into the Dark Corners of the Deep Web.” The Next Web, October 8. 
6. Gehl, Robert W. 2014. “Power/Freedom on the Dark Web: A Digital Ethnography of the Dark Web Social Network.” New Media & Society, October 15. http://nms.sagepub.com/content/early/2014/ 10/16/1461444814554900.full#ref-38.

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