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What is Cyber Terrorism?

Team Lawyered
Team Lawyered
  • Feb 6, 2023
  • 12 min to read
What is Cyber Terrorism? Lawyered

Terrorism is defined as intentionally instilling fear or horror in the minds of the public and intimidating them through the use of force, weapons, or other means. This is done to achieve some irrational political, religious, or financial goals. The European Union explains the objective of "terrorism" as "destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country." The Federal Bureau of Investigation of the United States defines terrorism as: "the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives."

 

Cyber terrorism refers to the act of pre-planned use of technology and the internet with the intention to cause disruption or harm. With the computers and internet increasingly playing a significant role in our everyday life, traditional forms of terrorism have also evolved to include a dangerous combination of technology and automation. As the technology is constantly evolving, it is very difficult to precisely define 'cyber terrorism'.

 

Definition of Cyber Terrorism

Section 66F of the Information Technology (Amendment) Act, 2008 defines and provides punishment for cyber terrorism. According to this section, 

"Punishment for cyber terrorism

1) Whoever.

A. With intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by-

I.        denying or cause the denial of access to any person authorized to access computer resource; or 

II.      attempting to penetrate or access a computer resource without authorization or exceeding authorized access; or

III.    introducing or causing to introduce any computer contaminant,

and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under Section 70, or 

B. knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and through such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the state or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism. 

2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment, which may extend to imprisonment for life."

 

The North Atlantic Treaty Organization (NATO) has defined cyber terrorism as: "A cyberattack using or exploiting computer or communication networks to cause sufficient destruction or disruption to generate fear or to intimidate a society into an ideological goal."

 

The National Infrastructure Protection Center (NIPC) has defined cyber terrorism as: "A criminal act perpetrated by the use of computers and telecommunications capabilities resulting in violence, destruction and/or disruption of services to create fear by causing confusion and uncertainty within a given population, with the goal of influencing a government or population to conform to a political, social or ideological agenda."

 

According to The Federal Bureau of Investigations, cyber terrorism means: Any "premeditated, politically motivated attack against information, computer systems, computer programs, and data which results in violence against non-combatant targets by sub-national groups or clandestine agents."

 

Legislative steps against Cyber Terrorism in India

Information Technology Act:

The Section 66F of the Information Technology Act addresses cyber terrorism. It was added in 2008 with various changes. These changes are the result of the well-known 26/11 terror attack. This tragedy is a memorable example of cyber network misuse. Terrorists used communication services in this case, resulting in more shooting attacks and casualties. Individuals who engage in terrorism-related cybercrime must face appropriate punishment. 

 

Blocking Access to Information:

Section 69A of the Information Technology Act, 2000 allows the Central Government or any of its officers specially authorised by it in this behalf to block any content online "in the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offense relating to above." The intermediary who fails to comply with the direction issued shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine.

 

Indian Computer Emergency Response Team (CERT-In):

Section 70B of the Information Technology Act, 2000, empowers the Central Government to constitute the Indian Computer Emergency Response Team. The Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 provides the nature and size of the Indian Computer Emergency Response Team, i.e., CERT-In. Under CERT Rule No. 12, any corporation or individual may report cyber security events to CERT-In.

 

Cyber Security Policy 2013:

The Government of India enacted the National Cyber Security Policy on July 2, 2013. Its guiding principle was to "protect information and information infrastructure in cyberspace, build capabilities to prevent and respond to cyber threats, reduce vulnerabilities and minimize damage from cyber incidents through a combination of institutional structures, people, processes, technology and cooperation." With increasing information movement and transactions in cyberspace, a national plan was much needed.

 

References:

https://blog.ipleaders.in/cyber-terrorism-laws-india/

https://www.jcreview.com/admin/Uploads/Files/61dd71b6d1e197.04881290.pdf

https://www.legalservicesindia.com/article/365/Historical-Perspective-of-Terrorism-&-Cyber-Terrorism.html

 

Team Lawyered
Team Lawyered

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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