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Introduction:

This Op-ed sheds light on the perspectives of the US and China regarding cyber espionage. Additionally, it seeks to analyze China's response to the US accusation regarding cyber espionage.

What is Cyber espionage?

Cyber espionage or cyber spying is the act of obtaining personal, sensitive, or proprietary information from individuals without their knowledge or consent. In an increasingly transparent and technological society, the ability to control the private information an individual reveals on the Internet and the ability of others to access that information are a growing concern. This includes storage and retrieval of e-mail by third parties, social media, search engines, data mining, GPS tracking, the explosion of smartphone usage, and many other technology considerations. In the age of big data, there is a growing concern for privacy issues surrounding the storage and misuse of personal data and non-consensual mining of private information by companies, criminals, and governments. 

Cyber espionage aims for economic, political, and technological gain. Fox example Stuxnet (2010) cyber-attack by the US and its allies Israel against Iran’s Nuclear facilities. Three espionage tools were discovered connected to Stuxnet, such as Gauss, FLAME and DuQu, for stealing data such as passwords, screenshots, Bluetooth, Skype functions, etc.

Cyber espionage is one of the most significant and intriguing international challenges globally. Many nations and international bodies, such as the US and China, have created their definitions and have always struggled over cyber espionage norms.

The US Perspective

In 2009, US officials (along with other allied countries) mentioned that cyber espionage was acceptable if it safeguarded national security, although they condemned economically motivated cyber espionage. Even the Director of National Intelligence said in 2013 that foreign intelligence capabilities cannot steal foreign companies' trade secrets to benefit their firms. This stance is consistent with the Economic Espionage Act (EEA) of 1996, particularly Section 1831, which prohibits economic espionage. This includes the theft of a trade secret that "will benefit any foreign government, foreign agent or foreign instrumentality. 

Second, the US advocates for cybersecurity market standards and strongly opposes transferring personal data extracted from the US Office of Personnel Management (OPM) to cybercrime markets. Furthermore, China has been reported to sell OPM data on illicit markets. It became a grave concern for the US government when the Chinese government managed to acquire sensitive details of 22.1 million US government workers through cyber intrusions in 2014.

Third, Cyber-espionage is acceptable unless it’s utilized for Doxing, which involves disclosing personal information about someone online without their consent and using it as a tool for political influence operations. However, Western academics and scholars have endeavoured to distinguish between doxing and whistleblowing. They argue that whistleblowing, exemplified by events like the Snowden Leaks and Vault 7 disclosures, serves the interests of US citizens. In the US, being regarded as an open society, certain disclosures are not promoted but rather required by mandate.

Fourth, the US argues that there is no cyber espionage against critical infrastructure during peacetime. According to the US, there are 16 critical infrastructure sectors, including chemical, nuclear, energy, defence, food, water, and so on. These sectors are considered essential to the US, and any disruption or harm would impact security, national public health and national economic security.

The US concern regarding China’s cyber espionage

According to James Lewis (a senior vice president at the Center for US-China Economic and Security Review Commission), the US faces losses between $ 20 billion and $30 billion annually due to China’s cyberespionage. The 2018 U.S. Trade Representative (USTR) Section 301 report highlighted instances, where the Chinese government and executives from Chinese companies engaged in clandestine cyber intrusions to obtaining commercially valuable information from the U.S. businesses, such as in 2018 where officials from China’s Ministry of State Security, stole trade from General Electric aviation and other aerospace companies.    

China's response to the US accusations of cyber espionage

China's perspective on cyber espionage is outlined by its 2014 anti-espionage law, which was revised in 2023. Article 1 of this legislation is formulated to prevent, halt, and punish espionage actions to maintain national security. Article 4 addresses the act of espionage and does not differentiate between state-sponsored cyber espionage for economic purposes and state-sponsored cyber espionage for national security purposes. However, China doesn't make a clear difference between government-to-government hacking (spying) and government-to-corporate sector hacking, unlike the US. This distinction is less apparent in China due to its strong state-owned enterprise (SOE) sector. However, military spying is considered part of the national interest in the US, while corporate spying is considered a crime.

China asserts that the US has established cyber norms concerning cyber espionage to normalize public attribution as acceptable conduct. This is achieved by targeting China for cyber operations, imposing sanctions on accused Chinese individuals, and making political accusations, such as blaming China and Russia for meddling in US elections. Despite all this, Washington D.C has never taken responsibility for the infamous Flame and Stuxnet cyber operations, which were widely recognized as part of a broader collaborative initiative known as Operation Olympic Games between the US and Israel. Additionally, the US takes the lead in surveillance activities conducted against China, Russia, German Chancellor Angela Merkel, the United Nations (UN) Secretary-General, and several French presidents. Surveillance programs such as Irritant Horn, Stellar Wind, Bvp47, the Hive, and PRISM are recognized as tools used by the US to monitor both allies and adversaries to maintain global hegemony.

China urges the US to cease its smear campaign associated with Volt Typhoon’s cyberattack for cyber espionage, citing the publication of a report titled “Volt Typhoon: A Conspiratorial Swindling Campaign Targets with U.S. Congress and Taxpayers Conducted by U.S. Intelligence Community” by China's National Computer Virus Emergency Response Centre and the 360 Digital Security Group on 15 April. According to the report, 'Volt Typhoon' is a ransomware cyber criminal group self-identified as the 'Dark Power' and is not affiliated with any state or region. Multiple cybersecurity authorities in the US collaborated to fabricate this story just for more budgets from Congress. In the meantime, Microsoft and other U.S. cybersecurity firms are seeking more big contracts from US cybersecurity authorities. The reality behind “Volt Typhoon '' is a conspiratorial swindling campaign to achieve two objectives by amplifying the "China threat theory" and cheating money from the U.S. Congress and taxpayers.

Beijing condemned the US claims of cyber espionage without any solid evidence. China also blames the US for economic espionage by citing the European Parliament report that the National Security Agency (NSA) was also involved in assisting Boeing in beating Airbus for a multi-billion dollar contract. Furthermore, Brazilian President Dilma Rousseff also accused the US authorities of spying against the state-owned oil company “Petrobras” for economic reasons.

Conclusion

In 2015, the US and China marked a milestone as both President Xi Jinping and Barack Obama signed an agreement, committing that neither country's government would conduct or knowingly support cyber-enabled theft of trade secrets, intellectual property, or other confidential business information to grant competitive advantages to firms or commercial sectors. However, the China Cybersecurity Industry Alliance (CCIA) published a report titled 'US Threats and Sabotage to the Security and Development of Global Cyberspace' in 2024, highlighting the US escalating cyber-attack and espionage activities against China and other nations. Additionally, there has been a considerable increase in the volume and sophistication of Chinese hacking since 2016. According to a survey by the Center for International and Strategic Studies, out of 224 cyber espionage incidents reported since 2000, 69% occurred after Xi assumed office. Therefore, China and the US must address cybersecurity issues through dialogue and cooperation, utilizing bilateral and multilateral agreements.

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Introduction

Cert-In (Indian Computer Emergency Response Team) has recently issued the “Guidelines on Information Security Practices” for Government Entities for Safe & Trusted Internet. The guideline has come at a critical time when the Draft Digital India Bill is about to be released, which is aimed at revamping the legal aspects of Indian cyberspace. These guidelines lay down the policy framework and the requirements for critical infrastructure for all government organisations and institutions to improve the overall cyber security of the nation.

What is Cert-In?

A Computer Emergency Response Team (CERT) is a group of information security experts responsible for the protection against, detection of and response to an organisation’s cybersecurity incidents. A CERT may focus on resolving data breaches and denial-of-service attacks and providing alerts and incident handling guidelines. CERTs also conduct ongoing public awareness campaigns and engage in research aimed at improving security systems. The Ministry of Electronics and Information Technology (MeitY) oversees CERT-In. It regularly releases alerts to help individuals and companies safeguard their data, information, and ICT (Information and Communications Technology) infrastructure.

Indian Computer Emergency Response Team (CERT-In) has been established and appointed as national agency in respect of cyber incidents and cyber security incidents in terms of the provisions of section 70B of Information Technology (IT) Act, 2000.

CERT-In requests information from service providers, intermediaries, data centres, and body corporates to coordinate reaction actions and emergency procedures regarding cyber security incidents. It is a focal point for incident reporting and offers round-the-clock security services.  It manages cyber occurrences that are tracked and reported while continuously analysing cyber risks. It strengthens the security barriers for the Indian Internet domain.

Background

India is fast becoming one of the world’s largest connected nations – with over 80 Crore Indians  (Digital Nagriks) presently connected and using the Internet and cyberspace – and with this number is expected to touch 120 Crores in the coming few years. The Digital Nagriks of the country are using the Internet for business, education, finance and various applications and services including Digital Government services. Internet provides growth and innovation and at the same time it has seen rise in cybercrimes, user harm and other challenges to online safety. The policies of the Government are aimed at ensuring an Open, Safe & Trusted and Accountable Internet for its users. Government is fully cognizant and aware of the growing cyber security threats and attacks.

It is the Government of India’s objective to ensure that Digital Nagriks experience a Safe & Trusted Internet. Along with ubiquitous applications of Information & Communication Technologies (ICT) in almost all facets of service delivery and operations, continuously evolving cyber threats have become a concern for the Government. Cyber-attacks can come in the form of malware, ransomware, phishing, data breach etc., that adversely affect an organisation’s information and systems. Cyber threats leading to cyber-attacks or incidents can compromise the confidentiality, integrity, and availability of an organisation’s information and systems and can have far reaching impact on essential services and national interests. To protect against cyber threats, it is important for government entities to implement strong  cybersecurity measures and follow best practices. As ICT infrastructure of the Government entities is one of the preferred targets of the malicious actors, responsibility of implementing good cyber security practices for protecting computers, servers, applications, electronic systems, networks, and data from digital attacks, also remain with the ICT assets’ owner i.e. Government entity.

What are the new Guidelines about?

The Government of India (distribution of business) Rules, 1961’s First Schedule lists a number of Ministries, Departments, Secretariats, and Offices, along with their affiliated and subordinate offices, which are all subject to the rules. They also comprise all governmental organisations, businesses operating in the public sector, and other governmental entities under their administrative control.

“The government has launched a number of steps to guarantee an accessible, trustworthy, and accountable digital environment. With a focus on capabilities, systems, human resources, and awareness, we are extending and speeding our work in the area of cyber security, according to Rajeev Chandrasekhar, Minister of State for Electronics, Information Technology, Skill Development, and Entrepreneurship.

The Recommendations

• Various security domains are covered in the standards, including network security, identity and access management, application security, data security, third-party outsourcing, hardening procedures, security monitoring, incident management, and security audits.
• For instance, the rules advise using only a Standard User (non-administrator) account to use computers and laptops for regular work regarding desktop, laptop, and printer security in the workplace. Users may only be granted administrative access with the CISO’s consent.
• The usage of lengthy passwords containing at least eight characters that combine capital letters, tiny letters, numerals, and special characters; Never save any usernames or passwords in your web browser. Likewise, never save any payment-related data there.
• They include guidelines created by the National Informatics Centre for Chief Information Security Officers (CISOs) and staff members of Central government Ministries/Departments to improve cyber security and cyber hygiene in addition to adhering to industry best practises.

Conclusion

The government has been proactive in the contemporary times to eradicate the menace of cybercrimes and therreats from the Indian cyberspace and hence now we have seen a series of new bills and polices introduced by the Ministry of Electronics and Information Technology, and various other government organisations like Cert-In and TRAI. These policies have been aimed towards being relevant to time and current technologies. The threats from emerging technologies like web 3.0 cannot be ignored and hence with active netizen participation and synergy between government and corporates will lead to a better and improved cyber ecosystem in India.

Introduction: 

The G7 Summit is an international forum that includes member states from France, the United States, the United Kingdom, Germany, Japan, Italy, Canada and the European Union (EU). The annual G7 meeting that is held every year was hosted by Japan this year in May 2023. It took place in Hiroshima. Artificial Intelligence (AI) was the major theme of this G7 summit. Key takeaways from this G7 summit highlight that leaders together focused on escalating the adoption of AI for beneficial use cases across the economy and the government and improving the governing structure to mitigate the potential risks of AI. 

Need for fair and responsible use of AI:

The G7 recognises that they really need to work together to ensure the responsible and fair use of AI to help establish technical standards for the same. Members of the G7 countries agreed to adopt an open and enabling environment for the development of AI technologies.  They also emphasized that AI regulations should be based on democratic values. G7 summit calls for the responsible use of AI. The ministers discussed the risks involved in AI technology programs like ChatGPT. They came up with an action plan for promoting responsible use of AI with human beings leading the efforts. 

Further Ministers from the Group of Seven (G7) countries (Canada, France, Germany, Italy, Japan, the UK, the US, and the EU) met virtually on 7 September 2023 and committed to creating ‘international guiding principles applicable for all AI actors’, and a code of conduct for organisations developing ‘advanced’ AI systems. 

What is HAP (Hiroshima AI Process)

Hiroshima AI Process (HAP) aims to establish trustworthy AI technical standards at the international level. The G7 agreed on creating a ministerial forum to prompt the fair use of AI. Hiroshima AI Process (HAP) is an effort by G7 to determine a way forward to regulate AI. The HAP establishes a forum for international discussions on inclusive AI governance and interoperability to achieve a common vision and goal of trustworthy AI at the global level.

The HAP will be operating in close connection with organisations including the Organisation for Economic Co-operation and Development (OECD) and the Global Partnership on AI (GPAI).

This Hiroshima AI Process (HAP) initiated at the Annual G7 Summit held in Hiroshima, Japan is a significant step towards regulating AI and the Hiroshima AI Process (HAP) is likely to conclude by December 2023.

G7 leaders emphasized fostering an environment where trustworthy AI systems are designed, developed and deployed for the common good worldwide. They advocated for international standards and interoperable tools for trustworthy AI that enable Innovation by creating a comprehensive policy framework, including overall guiding principles for all AI actors in the AI ecosystem.

Stressing upon fair use of advanced technologies:

The impact and misuse of generative AI was also discussed by the G7 leaders. The G7 members also stressed misinformation and disinformation in the realm of generative AI models. As they are capable of creating synthetic content such as deepfakes. In particular, they noted that the next generation of interactive generative media will leverage targeted influence content that is highly personalized, localized, and conversational. 

In the digital landscape, there is a rapid advancement of technologies such as generative 

Artificial Intelligence (AI), deepfake, machine learning, etc. Such technologies offer convenience to users in performing several tasks and are capable of assisting individuals and business entities. Since these technologies are easily accessible, cyber-criminals leverage AI tools and technologies for malicious activities, hence certain regulatory mechanisms at the global level will ensure and advocate for the ethical, reasonable and fair use of such advanced technologies. 

Conclusion: 

The G7 summit held in May 2023 focused on advanced international discussions on inclusive AI governance and interoperability to achieve a common vision and goal of trustworthy AI, in line with shared democratic values. AI governance has become a global issue, countries around the world are coming forward and advocating for the responsible and fair use of AI and influence on global AI governance and standards. It is significant to establish a regulatory framework that defines AI capabilities and identifies areas prone to misuse. And set forth reasonable technical standards while also fostering innovations. Hence overall prioritizing data privacy, integrity, and security in the evolving nature of advanced technologies. 

References:

• https://www.politico.eu/wp-content/uploads/2023/09/07/3e39b82d-464d-403a-b6cb-dc0e1bdec642-230906_Ministerial-clean-Draft-Hiroshima-Ministers-Statement68.pdf
• https://www.g7hiroshima.go.jp/en/summit/about/
• https://www.drishtiias.com/daily-updates/daily-news-analysis/the-hiroshima-ai-process-for-global-ai-governance
• https://www.businesstoday.in/technology/news/story/hiroshima-ai-process-g7-calls-for-adoption-of-international-technical-standards-for-ai-382121-2023-05-20

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