With India becoming the fourth worst-hit from Chinese Net hackers, the Indian police is still not equipped to counter the use of Internet and modern spying technologies by terror groups which pose a serious challenge, say cyber experts. A Chinese cyber spy network has hacked into nearly 1,300 computers across 103 countries and the infected machines include those at Indian embassies and other government organisations, according to an investigation by Canada-based internet research firm Information Warfare Monitor (IWM).
"Although India is IT leader of the world, in computer security it is far lagging behind. Indian police is not adequately equipped to handle cyber crime investigations. Many times when I am contacted for help, the kind of questions I am asked are very basic," says Ankit Fadia, a cyber security expert. "Look at engineering colleges across the country. None of them offer any courses on computer security. This is the primary reason for a lack of experts in the country. We need more courses, education and awareness," he adds.
Cyber law experts say there are many loopholes that makes it difficult to keep track of terror transactions.
"At the time when different countries have come up with legislation to deal with Cyber Terrorism, having a single provision on Cyber Terrorism, is not likely to help India in the long run," says Pavan Duggal, a cyber law expert. India ranks fifth among countries reporting the maximum number of cyber crimes, according to the latest report released by Internet Crime Complaint Centre of the United States.
While adding there is a need for specialised cyber terror courts to be established, Duggal says, "Indian government needs to be complimented for coming up with the detailed provision on Cyber Terrorism which makes it as a penal offence punishable with life imprisonment and fine," he says.
Taking a dig at the police system, Fadia says, "At a recent conference in Delhi where I was speaking, police officials were attending and during the Q&A session one police official asked me: "yeh internet ki building kidhar hain?" (Where is the building called Internet located?). How will such an ill equipped police force ever be able to protect the country?" As per the Indian Cyberlaw, Section 69 of the Information Technology Act 2000 provides for interception of any electronic communication transmitted through any electronic resource within India.
But the interception can only be ordered on the orders of the Controller of Certifying Authorities, which is statutory authority under the IT Act. "The Central Government could apply to the CCA and if it is satisfied that the same is necessary in interest of sovereignty of the country, friendly relations with other nations, or for preventing any incitement to the commission of any offence or contravention of public order, the CCA may direct any interception of any electronic communication passed into any computer resource," Duggal says.
Information Technology Amendment Act 2008 has brought in certain amendments under which both the Central and State government could direct interception blocking or monitoring depending on the peculiar facts and circumstances of each case However, the same have not yet been notified. "These provisions are yet to be tested in judicial waters," says Duggal.