UN member states have adopted the Convention Against Cybercrime
Kartavya Desk Staff
#### Syllabus: Internal Security: Cybercrime
#### Source: UN News
Context: The UN member states have adopted the Convention Against Cybercrime after nearly three years of negotiations.
What is Cybercrime?
Cybercrime refers to criminal activities conducted via the Internet or involving computer systems. It includes:
• Hacking: Unauthorized access to computer systems or networks.
• Phishing: Fraudulent attempts to obtain sensitive information by pretending to be a trustworthy entity.
• Online Fraud: Scams or deceitful schemes to steal money or personal information.
• Malware: Software designed to harm or exploit computers and networks.
• Cyberstalking: Harassment or stalking conducted online.
Cybercrimes fall under State subjects as per the Seventh Schedule of the Constitution of India.
What is the Convention Against Cybercrime?
It is a treaty adopted by the United Nations to create a global legal framework for combating cybercrime. It aims to address various cybercrimes, including online fraud, scams, harassment, child sexual abuse imagery, and money laundering, by establishing common standards for investigation and prosecution across member states.
Key Points:
• Objective: To provide a unified approach to prevent and combat cybercrime internationally, ensuring cooperation among countries in investigating and prosecuting such crimes.
• Adoption: The convention was adopted by all UN member states after extensive negotiations. It reflects a global consensus on the need for a robust response to cybercrime.
• Ratification: The treaty will enter into force once ratified by at least 40 UN member states.
Key Provisions:
• Domestic Legislation: Requires states to criminalize unauthorized access to information and communications systems.
• Child Protection: Mandates that states criminalize the production, distribution, and sale of online child sexual content.
• Human Rights: Ensures that treaty implementation aligns with international human rights obligations.
• Data Collection: Allows states to collect or record data for convictions and compel service providers to provide incriminating information.
Key issues with the UN Cybercrime Treaty:
• Human Rights Concerns: Criticized for potentially enabling authoritarian regimes to suppress dissent and violate freedoms.
• Surveillance Risks: Lacks oversight on data access and sharing, raising global surveillance concerns.
• Implementation Challenges: Poor drafting may endanger security researchers and journalists, and allow secretive IT interventions.
• Lack of Oversight: No measures for judicial oversight or proper handling of electronic evidence.
India’s Position on the Convention:
• Data Transfer Clause: India opposed a clause promoting bilateral or multilateral data transfer arrangements, prioritizing data sovereignty. India supports transferring personal data with prior written authorization and safeguards.
• India supports transferring personal data with prior written authorization and safeguards.
• Points of Contact: India supports designating 24/7 points of contact for cybercrime investigations and cooperation.
Budapest Convention:
The Budapest Convention, established by the Council of Europe in 2001 and effective in 2004, is the only binding international treaty on cybercrime. It facilitates cross-border cybercrime investigations and serves as a model for national cybercrime laws and international cooperation. It also includes a protocol on xenophobia and racism online. While it highlights the limitations of the Mutual Legal Assistance Treaty (MLAT) for digital issues, India has chosen not to join the convention despite ongoing calls for its participation.
Countermeasures taken by India against cyber threats.
• For Critical information infrastructure (CII)- Creation of the National Critical Information Infrastructure Protection Centre, the national nodal agency in respect of CII protection. It was envisaged to act as a 24×7 centre to battle cyber security threats in strategic areas such as air control, nuclear and space.
• Establishment of Defence Information Assurance and Research Agency for cyber security issues of the tri-services and Defence Ministry.
• For the Financial sector – CERT-Fin will work closely with all financial-sector regulators and stakeholders on issues of cyber security.
• Establishment of cyber security infrastructure
• CERT-in – The main function of CERT-In is to provide early security warning and effective incident response. It is also a national agency to collects, analyzes and disseminates information on cyber incidents and takes emergency measures for handling cyber-attacks.
• IT Act 2000 – This act provides a legal framework against cybercrimes related to “electronic commerce”.
• National Cyber Security Policy 2013 has been framed to create a secure cyber ecosystem, ensure compliance with global security systems and strengthen the regulatory framework.
Others
• I4C (Indian Cyber Crime Coordination Center) was set up in 2016 to look into every kind of cybercrime.
• The Indian Common Criteria Certification Scheme (IC3S)is to evaluate and certify IT Security Products and Protection Profiles.
• Cyber Swachhta Kendra was introduced for internet users to clean their computers and devices by wiping out viruses and malware.
• Cyber Surakshit Bharat Initiative was launched to spread awareness about cybercrime and build capacity for safety measures for Chief Information Security Officers (CISOs) and frontline IT staff across all government departments.
Global Effort: Bletchley Declaration:
The Bletchley Declaration, named after the historic code-breaking site, signifies a global commitment to addressing AI’s ethical and security challenges, particularly generative AI. Signed at the AI Safety Summit (in 2023), it highlights the increasing global recognition of AI risks and involves major world powers like China, the EU, India, and the US.
Insta Links:
• Cybersecurity Challenges in India
Mains Link:
Keeping in view India’s internal security, analyse the impact of cross-border cyber-attacks. Also, discuss defensive measures against these sophisticated attacks. (UPSC 2021)
Prelims Link:
With the present state of development, Artificial Intelligence can effectively do which of the following? (UPSC 2020)
• Bring down electricity consumption in industrial units
• Create meaningful short stories and songs
• Disease diagnosis
• Text-to-Speech Conversion
• Wireless transmission of electrical energy
Select the correct answer using the code given below:
(a) 1, 2, 3 and 5 only (b) 1, 3 and 4 only (c) 2, 4 and 5 only (d) 1, 2, 3, 4 and 5
Ans: B