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Introduction

The US national cybersecurity strategy was released at the beginning of March this year. The aim of the cybersecurity strategy is to build a more defensive and resilient digital mechanism through general investments in the cybersecurity infrastructure. It is important to invest in a resilient future, And the increasing digital diplomacy and private-sector partnerships, regulation of crucial industries, and holding software companies accountable if their products enable hackers in.

What is the cybersecurity strategy  

The US National cybersecurity strategy is the plan which organisations pursue to fight against cyberattacks and cyber threats, and also they plan a risk assessment plan for the future in a resilient way. Through the cybersecurity strategy, there will be appropriate defences against cyber threats.

US National Cybersecurity Strategy-

the national cybersecurity strategy mainly depends on five pillars-

1. Critical infrastructure- The national cybersecurity strategy intends to defend important infrastructure from cyberattacks, for example, hospitals and clean energy installations. This pillar mainly focuses on the security and resilience of critical systems and services that are critical.
2. Disrupt & Threat Assessment- This strategy pillar seeks to address and eliminate cyber attackers who endanger national security and public safety.
3. Shape the market forces in resilient and security has driven-
4. Invest in resilient future approaches.
5. Forging international partnerships to pursue shared goals.

Need for a National cybersecurity strategy in India –

India is becoming more reliant on technology for day-to-day purposes, communication and banking aspects. And as per the computer emergency response team (CERT-In), in 2022, ransomware attacks increased by 50% in India. Cybercrimes against individuals are also rapidly on the rise. To build a safe cyberspace, India also required a national cybersecurity strategy in the country to develop trust and confidence in IT systems.

Learnings for India-

India has a cybersecurity strategy just now but India can also implement its cybersecurity strategy as the US just released. For the threats assessments and for more resilient future outcomes, there is a need to eliminate cybercrimes and cyber threats in India.

Shortcomings of the US National Cybersecurity Strategy-

• The implementation of the United States National Cybersecurity Strategy has Some problems and things that could be improved in it. Here are some as follows:

• Significant difficulties: The cybersecurity strategy proved to be difficult for government entities. The provided guidelines do not fulfil the complexity and growing cyber threats.
• Insufficient to resolve desirable points: the implementation is not able to resolve some, of the aspects of national cybersecurity strategies, for example, the defined goals and resource allocation, which have been determined to be addressed by the national cybersecurity strategy and implementation plan.
• Lack of Specifying the Objectives: the guidelines shall track the cybersecurity progress, and the implementation shall define the specific objectives.
• Implementation Alone is insufficient: cyber-attacks and cybercrimes are increasing daily, and to meet this danger, the US cybersecurity strategy shall not depend on the implementation. However, the legislation will help to involve public-private collaboration, and technological advancement is required.
• The strategy calls for critical infrastructure owners and software companies to meet minimum security standards and be held liable for flaws in their products, but the implementation and enforcement of these standards and liability measures must be clearly defined.

Conclusion

There is a legitimate need for a national cybersecurity strategy to fight against the future consequences of the cyber pandemic. To plan proper strategies and defences. It is crucial to avail techniques under the cybersecurity strategy. And India is increasingly depending on technology, and cybercrimes are also increasing among individuals. Healthcare sectors and as well on educational sectors, so to resolve these complexities, there is a need for proper implementations.

Introduction

The world has been riding the wave of technological advancements, and the fruits it has born have impacted our lives. Technology, by its virtue, cannot be quantified as safe or unsafe it is the application and use of technology which creates the threats. Its times like this, the importance and significance of policy framework are seen in cyberspace. Any technology can be governed by means of policies and laws only. In this blog, we explore the issues raised by the EU for the tech giants and why the Indian Govt is looking into probing Whatsapp.

EU on Big Techs

Eu has always been seen to be a strong policy maker for cyberspace, and the same can be seen from the scope, extent and compliance of GDPR. This data protection bill is the holy grail for worldwide data protection bills. Apart from the GDPR, the EU has always maintained strong compliance demographics for the big tech as most of them have originated outside of Europe, and the rights of EU citizens come into priority above anything else.

New Draft Notification

According to the draft of the new notification, Amazon, Google, Microsoft and other non-European Union cloud service providers looking to secure an EU cybersecurity label to handle sensitive data can only do so via a joint venture with an EU-based company. The document adds that the cloud service must be operated and maintained from the EU, all customer data must be stored and processed in the EU, and EU laws take precedence over non-EU laws regarding the cloud service provider. Certified cloud services are operated only by companies based in the EU, with no entity from outside the EU having effective control over the CSP (cloud service provider) to mitigate the risk of non-EU interfering powers undermining EU regulations, norms and values.

This move from the EU is still in the draft phase however, it is expected to come into action soon as issues related to data breaches of EU citizens have been reported on numerous occasions. The document said the tougher rules would apply to personal and non-personal data of particular sensitivity where a breach may have a negative impact on public order, public safety, human life or health, or the protection of intellectual property.

How will it secure the netizens?

Since the EU has been the leading policy maker in cyberspace, it is often seen that the rules and policies of the EU are often replicated around the world. Hence this move comes at a critical time as the EU is looking towards safeguarding the EU netizens and the Cyber security industry in the EU by allowing them to collaborate with big tech while maintaining compliance. Cloud services can be protected by this mechanism, thus ensuring fewer instances of data breaches, thus contributing to a dip in cyber crimes and attacks.

The Indian Govt on WhatsApp

The Indian Govt has decided to probe Whatsapp and its privacy settings. One of the Indian Whatsapp users tweeted a screenshot of WhatsApp accessing the phone’s mic even when the phone was not in use, and the app was not open even in the background. The meta-owned Social messaging platform enjoys nearly 487 million users in India, making it their biggest market. The 2018 judgement on Whatsapp and its privacy issues was a landmark judgement, but the platform is in violation of the same.

The MoS, Ministry of Electronics and Information Technology, Rajeev Chandrashekhar, has already tweeted that the issue will be looked into and that they will be punished if the platform is seen violating the guidelines. The Digital Personal Data Protection Bill is yet to be tabled at the parliament. Still, despite the draft bill being public, big platforms must maintain the code of conduct to maintain compliance when the bill turns into an Act.

Threats for Indian Users

The Indian Whatsapp user contributes to the biggest user base un the world, and still, they are vulnerable to attacks on WhatsApp and now WhatsApp itself. The netizens are under the following potential threats –

• Data breaches
• Identity theft
• Phishing scams
• Unconsented data utilisation
• Violation of Right to Privacy
• Unauthorised flow of data outside India
• Selling of data to a third party without consent

The Indian netizen needs to stay vary of such issues and many more by practising basic cyber safety and security protocols and keeping a check on the permissions granted to apps, to keep track of one’s digital footprint.

Conclusion

Whether it’s the EU or Indian Government, it is pertinent to understand that the world powers are all working towards creating a safe and secured cyberspace for its netizens. The move made by the EU will act as a catalyst for change at a global level, as once the EU enforces the policy, the world will soon replicate it to safeguard their cyber interests, assets and netizens. The proactive stance of the Indian Government is a crucial sign that the things will not remain the same in the Indian Cyber ecosystem, and its upon the platforms and companies to ensure compliance, even in the absence of a strong legislation for cyberspace. The government is taking all steps to safeguard the Indian netizen, as the same lies in the souls and spirit of the new Digital India Bill, which will govern cyberspace in the near future. Still, till then, in order to maintain the synergy and equilibrium, it is pertinent for the platforms to be in compliance with the laws of natural justice.

Introduction

Twitter Inc.’s appeal against barring orders for specific accounts issued by the Ministry of Electronics and Information Technology was denied by a single judge on the Karnataka High Court. Twitter Inc. was also given an Rs. 50 lakh fine by Justice Krishna Dixit, who claimed the social media corporation had approached the court defying government directives.

As a foreign corporation, Twitter’s locus standi had been called into doubt by the government, which said they were ineligible to apply Articles 19 and 21 to their situation. Additionally, the government claimed that because Twitter was only designed to serve as an intermediary, there was no “jural relationship” between Twitter and its users.

The Issue

In accordance with Section 69A of the Information Technology Act, the Ministry issued the directives. Nevertheless, Twitter had argued in its appeal that the orders “fall foul of Section 69A both substantially and procedurally.” Twitter argued that in accordance with 69A, account holders were to be notified before having their tweets and accounts deleted. However, the Ministry failed to provide these account holders with any notices.

On June 4, 2022, and again on June 6, 2022, the government sent letters to Twitter’s compliance officer requesting that they come before them and provide an explanation for why the Blocking Orders were not followed and why no action should be taken against them.

Twitter replied on June 9 that the content against which it had not followed the blocking orders does not seem to be a violation of Section 69A. On June 27, 2022, the Government issued another notice stating Twitter was violating its directions. On June 29, Twitter replied, asking the Government to reconsider the direction on the basis of the doctrine of proportionality. On June 30, 2022, the Government withdrew blocking orders on ten account-level URLs but gave an additional list of 27 URLs to be blocked. On July 10, more accounts were blocked. Compiling the orders “under protest,” Twitter approached the HC with the petition challenging the orders.

Legality

Additionally, the government claimed that because Twitter was only designed to serve as an intermediary, there was no “jural relationship” between Twitter and its users.

Government attorney Additional Solicitor General R Sankaranarayanan argued that tweets mentioning “Indian Occupied Kashmir” and the survival of LTTE commander Velupillai Prabhakaran were serious enough to undermine the integrity of the nation.

Twitter, on the other hand, claimed that its users have pushed for these rights. Additionally, Twitter maintained that under Article 14 of the Constitution, even as a foreign company, they were entitled to certain rights, such as the right to equality. They also argued that the reason for the account blocking in each case was not stated and that Section 69a’s provision for blocking a URL should only apply to the offending URL rather than the entire account because blocking the entire account would prevent the creation of information while blocking the offending tweet only applied to already-created information.

Conclusion

The evolution of cyberspace has been substantiated by big tech companies like Facebook, Google, Twitter, Amazon and many more. These companies have been instrumental in leading the spectrum of emerging technologies and creating a blanket of ease and accessibility for users. Compliance with laws and policies is of utmost priority for the government, and the new bills and policies are empowering the Indian cyberspace. Non Compliance will be taken very seriously, and the same is legalised under the Intermediary Guidelines 2021 and 2022 by Meity. Referring to Section 79 of the Information Technology Act, which pertains to an exemption from liability of intermediary in some instances, it was said, “Intermediary is bound to obey the orders which the designate authority/agency which the government fixes from time to time.”