January 11, 2019 at 12:17 pm #1222
B SinghKey MasterThis is an organic article and we would update it from time to time.
Internet is an inter connected system of computers, technologies, protocols, etc working in a largely decentralised manner. Stakeholders that are part of Internet infrastructure include private, public, academic, business, and government networks ranging from local to global scales. The Internet infrastructure is connected with the help of numerous electronic, wireless, and optical networking technologies.
Internet is still evolving and taking newer shape in one form or other. Darknet, deep web and hidden Internet are also in existence along with Internet. When we use Internet, we use an Internet Protocol Address (IP Address) that is attributable to us for a particular usage or session. Tracking a particular cyber attack or cyber crime usually starts with IP Address tracking. However, IP Address should not be the sole basis for conviction of an accused person. This is because it is easier to point towards an IP Address than to establish the authorship attribution with conclusive certainty due to IP Address Spoofing and other reasons.
Many countries are also claiming long arm jurisdictions, whether officially or unofficially, making the IP Address criteria really doubtful. Countries have established cyber armies to engage in cyber espionage and cyber warfare (pdf). Even the Tallinn Manual is not applicable to international cyber attacks and cyber warfare issues. We do not have any international cyber law or cyber security treaty (pdf) as well to regulate our conducts in the cyberspace.
This has given almost a free hand to countries to engage in cyber warfare and cyber espionage activities around the world. For instance, recently the US Supreme Court approved amendments in the Rule 41 of the Federal Rules of Criminal Procedure. This would give a long arm jurisdiction to US law enforcement agencies to meddle with the sovereignty and laws of other nations. For instance, the trans border hacking and search activities of FBI would violate civil liberties and cyber laws of different nations. These types of rules and regulations must be avoided by all nations, including India as it would speed up the race for cyber warfare and cyber espionage all over the world. This would not be good for the Internet as it would ultimately result in complete centralisation of Internet at national levels that has already started in many countries.
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