Enough Law of Horses and Elephants Debated…, …Let’s Discuss the Cyber Law Seriously

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International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 5, May-June 2017

Sandeep Mittal, IPS
Director
LNJN National Institute of Criminology & Forensic Science
Ministry of Home Affairs, New Delhi, India
sandeep.mittal@nic.in
Prof. Priyanka Sharma
Professor & Head
Information Technology & Telecommunication,
Raksha Shakti University, Ahmedabad, India
ps.it@rsu.ac.in

 

Abstract: The unique characteristic of cyberspace like anonymity in space and time, absence of geographical borders, capability to throw surprises with rapidity and potential to compromise assets in virtual and real world has attracted the attention of criminal minds to commit crimes in cyberspace. The law of crimes in the physical world faces challenge in its application to the crimes in cyberspace due to issues of sovereignty, jurisdiction, trans-national investigation and extra-territorial evidence. In this paper an attempt has been made to apply routine activity theory (RAT) of crime in physical world to crime scene cyberspace. A model for crime in cyberspace has been developed and it has been argued that the criminal law of crime in physical world is inadequate in its application to crimes in virtual world. To handle crime in cyberspace there is a need to address issues of ‘applicable laws and ‘conflicting jurisdiction by regulating the architecture of the internet through special laws of cyberspace. A case has been put forward for having an International Convention of Cybercrime with Council of Europe Convention on Cybercrime as yard stick.

Keywords: Cybercrime; Cyber Law; Cyberspace; Routine Activity Theory (RAT); Cyber-criminology; EU Convention on Cybercrime; Law of Horse

I. INTRODUCTION

The ‘Internet’ has today become an essential part of our lives and revolutionised the way communication and trade take place far beyond the ambit of national and international borders. It has, however, also allowed unscrupulous criminals to misuse the Internet and exploit it for committing numerous cybercrimes pertaining to pornography, gambling, lottery, financial frauds, identity thefts, drug trafficking, and data theft, among others [1]. Cyberspace is under both perceived and real threat from various state and non-state actors [2] [3] [4]. The incidence of cyber-attacks on information technology assets symbolises a thin line between cybercrime and cyber war, both of which have devastating outcomes in the physical world [5] [6]. The scenario is further complicated by the very nature of cyber space, manifested in its anonymity in both space and time, and asymmetric results that are disproportionate to the resources deployed, and the fact that the absence of international borders in cyber space makes it impossible to attribute the crime to a tangible source [7]. In the context of these characteristics of cyberspace, ‘the transnational dimension of cybercrime offence arises where an element or substantial effect of the offence or where part of the modus operandi of the offence is in another territory’, bringing forth the issues of ‘sovereignty, jurisdiction, transnational investigations and extraterritorial evidence’; thus necessitating international cooperation [8]. The evolution of cybercrimes from being simple acts perpetrated by immature youngsters to complex cyber-attack vectors through the deployment of advanced technology in cyberspace has necessitated the development of a distinct branch of Law, The Law of Cyberspace. However, the question of whether ‘the law of cyberspace’ can evolve into an independent field of study or would remain just an extension of the criminal laws of the physical world in the virtual world has become the subject of an interesting debate among legal and social science scholars. The scope of this essay is to critically analyse and compare traditional crimes with cybercrimes to assess if a new set of laws is required for tackling crimes in cyberspace or otherwise.

II. THE CYBER-ZOO: THE ELEPHANT VERSUS THE HORSE AS SYMBOLS OF CYBERSPACE REALITIES

In his poem, ‘The Blind Men and the Elephant’, John Godfrey Saxe describes the dilemma of six blind men while trying to describe the elephant (which) “in (this) sense represents reality, and each of the worthy blind sages represents a different approach to understanding this reality. In all objectivity, and in line with the poem of John Godfrey Saxe, all the sages (blind men) have correctly described their piece of reality, but fail by arguing that their reality is the only truth.” [9] To quote,

“And so these men of Indostan,
Disputed loud and long,
Each in his own opinion,
Exceeding stiff and strong,
Though each was partly in the right,
And all were in the wrong!”[10]

In the context of this article, cyberspace can be compared with the elephant, which is understood and described differently by different stakeholders in the realms of sociology, criminology, law, technology, and commerce, among other disciplines. However, each of the stakeholder largely ignores the perspective of the others while also understating or overstating the complexity inherent in the physical and virtual processes manifested through the interplay of ‘technology with technology’ and ‘technology with humans’ in virtual space, which, in turn, is not constrained by the barriers of geography, culture, ethnicity and sovereignty of state, but still has manifestation in the physical world. A few legal scholars have also explored the concept of the cyber elephant for determining the principles needed to regulate cyberspace [11].

In 1996, Judge Frank Easterbrook delivered a lecture [12] at the University of Chicago where he discussed his ideas on ‘property in cyberspace’. He explained that coalescing two fields, without knowing much about either, in the name of ‘cross-sterilisation of ideas’ is putting [lawyers] at the ‘risk of multi-disciplinary dilettantism’. He argued that there are a large number of cases relating to various aspects of dealing with horses such as the sales of horses, people being kicked by horses, theft of horses, racing of horses or medical care of horses, but this alone cannot be the reason for designing a course on “The Law of Horses”, as that would signify shallow efforts towards understanding the unifying principles of such a law [13]. This led to the current debate on the need for a separate law of cyberspace [14]. However, scholars have strongly challenged the position taken by Judge Easterbook [15] [16] [17].

III. TRADITIONAL CRIMES IN THE REAL WORLD VERSUS CYBERCRIMES

Acquiring a deep understanding of the theories of traditional crime in the physical world and their application to crimes in cyberspace would help us in identifying the factors that might govern the regulation of cyberspace. The basic components of acts of crime in the real world and how they intrinsically differ from crimes in cyberspace have been discussed and summarised in Table 1 [18]. Brenner concludes that “cybercrime differs in several fundamental respects from real-world crime and the traditional model is not an effective means of dealing with cybercrimes” [19] and that the “matrices for the real world crime do not apply to cybercrime, as it differs in the methods that are used in its commission and in the nature and extent of the harms it produces” [20]. Interestingly, Brenner had earlier adopted a more conservative stand on the law applying to cybercrime [21].
Theories of criminology have been applied to cyberspace to explore its interaction with the human dimension, as perceived by criminologists (potential dilettante) [23] [24]. The Routine Activity Theory (RAT) relating to crime in the real world has been studied by scholars to analyse if it can be transposed to cybercrime or otherwise [25]. RAT assumes that the minimum three factors required for a crime are an ‘opportunity’ in the form of a suitable target (victim), a ‘motivated offender’ with criminal inclination, and the ‘absence of a capable guardian’ (a law enforcement agency, the neighborhood, etc.). Lack of any one of these factors would prevent the occurrence of the crime [26] [27]. The different controls in traditional crimes and cybercrimes seen in the context of RAT have been depicted in Figure 1 [28] [29] [30].

The three constituents of RAT, viz. the Victim, Offender and Guardian, have been represented by the three vertices of the largest triangle. Each of these three controls is further dependent on sub-factors, which, in turn, are represented as three triangles (for each of these sub-factors, a low value is assigned to the Centre and a high value to the vertex) placed respectively, at each of the vertices of the main triangle. The distinction between traditional crime (Red) and cybercrime (Blue) due to the complex interplay of multiple factors is obvious. Last but not the least, the blue triangle in the Centre characterises cybercrime. The basic tenets of RAT thus fit in well with the paradigm of cybercrimes.

Table 1: Traditional Crimes versus Cybercrimes [22]

1. Proximity—the perpetrator and the victim are physically proximate at the time of committing of the crime. No physical proximity is required between the offender and the victim.
2. The crime is a ‘one-to-one’ event involving the perpetrator(s) and victim(s). A perpetrator can automate the process of victimisation and commit thousands of cybercrimes with high speed at the same time.
3. The committing of the crime is subject to ‘physical constraints’ governing all activities in the physical world. Real-world constraints do not affect perpetrators of cybercrimes, as they can be committed with anonymity, at lightning speed, and traverse beyond transnational borders.
4. The demographic contours and geographical patterns of the incidence of crime are identifiable. It is difficult to identify the patterns and contours of cybercrime due to the lack of uniformity in the definition of cybercrimes, absence of laws, technologies evolving at a faster pace, the anonymity that the perpetrator of the cybercrime enjoys in space and time, and the under-reporting of cybercrimes due to the fact that it poses a risk to many reputations.

It has been argued that the routine activity approach has both significant continuities and discontinuities in the configuration of terrestrial and virtual crimes. “While motivated offenders are likely to be almost homogeneous in both environments, the construction of suitable targets is complex, with similarity on value scale but significantly different in respect of inertia, visibility and accessibility.” [31] The concept of the ‘capable guardian’ fits in well in both settings but the degree of fitness varies. However, the spatio-temporal environment of routine activities is organised in the real world but organically disorganised in the virtual world [32]. Thus, these features of cyberspace make it a domain-distinct from the real world,[33] resulting in noticeably low level of reporting of cybercrimes as compared to that of traditional crimes, as depicted in Figure 2 [34].

Figure 1: RAT and Interplay of Different Controls in Traditional Versus Cyber Crimes

 

Figure 2: A Comparison of Traditional Property Crimes versus Cybercrimes over a Period of Five Years in India
(Source of Statistics: Crime in India Statistics, NCRB)

 

Thus, the various factors that incite an individual to commit a cybercrime include the lack of deterrents, increased anonymity, and repressed desires to offend in the real world [35]. While the issue of repressed desires can be handled in traditional ways, the other two issues need to be handled through regulation of both the law and technology, or one of the two facilitating regulation of the other. The absence of any perimeter in cyberspace also makes it easily permeable, thereby making it difficult to assign an appropriate capable guardian for overseeing activities in cyberspace [36].

Thus an individual commit cybercrime due to the lack of deterrents, Some economists have averred that people are actively involved in “transforming their relationships into social capital and their experiences into human capital (conventional or criminal)” and that these economic considerations are more compelling than the criminologist’s simple theory that a crime occurs in response to ‘associations’ and ‘events’ [37]. In fact, altering the criminal’s economic choice pattern may also help alter his behavior [38] [39]. The model of cybercrime portrayed in Figure 1 does not contradict this contention.

IV. MOVING FROM THE ‘DILETTANTISM’ OF CYBER-CRIMINOLOGY TO THE LAW OF CYBERSPACE

After analysing and understanding the various factors that contribute to the commission of a crime in cyberspace, it may be suggested that any law enacted to regulate cyberspace would have to address the following three unique features of cyberspace [40]:

(a) As ‘computer-assisted’ low-cost efforts produce asymmetric results disproportionate to the resources deployed, the law should thus develop mechanisms for increasing the cost entailed in the crime and decrease the probability of its success. For example, there should be a thorough investigation of the crimes wherein victims implemented security measures to make their systems fool proof and exercised due diligence, whereas an enhanced-sentencing regime should be employed where dual-use technology like encryption techniques or anonymity has been used to commit the crime.

(b) There is a need to add third parties (such as Internet Service Providers or ISPs) to the traditional ‘offender-victim’ scenario of the crime. The law could consider imposing responsibilities on these third parties though it may be difficult to implement in view of the costs and liabilities implied in such actions. For example, in the United States, the Digital Millennium Copyright Act (DMCA) specifies the liability of ‘online-intermediaries’ in case of intellectual property right violations but no liability of ‘online-intermediaries’ is provided for defamation under The Communications Decency Act (CDA).

(c) The invisibility of the action in cyberspace and anonymity of the offender limit the capability of the guardian to regulate. It is possible for the law to address this issue. For example, the law may make implementation of IPV06 mandatory for the more specific attribution of acts in cyberspace or the law may mandate a change in the Internet architecture to include controls that would help in the identification of the perpetrators. As most of the Internet architecture is designed, maintained, controlled and governed by private bodies, the law would have to factor in the responsibilities and liabilities of these private stakeholders through either state regulation or self-regulation. Another example would be to make the use of digital signatures (using PKI) mandatory for communication in cyberspace, which in itself would not only prevent the occurrence of many crimes but also assist in the detection of crimes that still manage to be perpetrated despite the imposition of stringent checks.

Therefore, technology-intensive cybercrimes compel us to revisit the role and limitations of criminal law, just as criminal law forces us to reinvent the role and limitations of technology [41]. However, there is a symbiotic relationship between the two.

The adage, “On the Internet, nobody knows that you’re a dog” [42] is as true today as it has been throughout the history of the Internet, but the problem plaguing law enforcement agencies today is that, “on the Internet, nobody knows where the dog is” [43]. This is because the functionality of the Internet and its architecture are technologically indifferent to geographical location [44], leaving no scope for coherence in real space and cyberspace, wherein the latter is characterised by ‘geographical indeterminacy’ [45]. This gives rise to the legal issue of ‘appropriate jurisdiction’ or even ‘conflicting jurisdiction’ for cybercrimes. Criminal law is territorial in its applicability, and as territory itself is indeterminate in cyberspace, the applicable law and the appropriate jurisdiction would need to be determined in accordance with the principles of private international law, as is being done in the resolution of e-commerce disputes. But, do the principles of the civil liability transpose well into the realm of criminal liability? Although this is procedurally possible, the answer would still be substantively ‘no’, particularly when the definition of cybercrime itself may not be known in many jurisdictions. These legal issues need to be addressed for detection, investigation, prosecution and conviction of the criminals in cyberspace. And international cooperation is imperative in order to find where the ‘dog’ is, as it involves issues of sovereignty, jurisdiction, transnational investigations and examination of extraterritorial evidence.

V. THE CODE: THE INTERNET DOG, TECHNOLOGY, THE LAW, AND THE INTERNET GOD

Lawrence Lessig, in his theoretical model of cyberspace regulation [46], argued that behaviour is regulated by four constraints, viz., laws, social norms, markets, and nature [47]. The law, however, indirectly regulates behaviour while directly influencing the other three constraints, namely, social norms, markets, and nature. Applying this concept to cyberspace, Lessig postulated that in cyberspace, the equivalent of ‘nature’ is ‘code’ [48], with the latter being a more pervasive and effective constraint in cyberspace. The code is also more susceptible to being changed by law than the nature. Therefore, both the ‘code’ and ‘law’ have the potential of regulating the behaviour in cyberspace [49]. It has been argued that regulation in cyberspace would be more efficient and effective if the law regulates code rather than individual behavior [50].

The ‘code’ being expounded by Lessig was meant to include merely the software. With the advent of advanced technology in cyberspace, however, it is obvious that code would have to include not only the software, but also the concomitant hardware, Internet protocols, standards, biometrics, and privately controlled governance structures. All these components collectively contribute to the character and peculiarities of the Internet, making it the way it is. The code could then be safely given a new name, viz., ‘cyberspace architecture’ [51], with every component of this architecture having the potential of being regulated by law.

However, as pointed out earlier, even if various national Governments have enacted some type of law pertaining to cybercrimes, inconsistencies and disharmony remain in their application in transnational environments as criminal law is territorial. This necessitates international cooperation in either an informal or formal manner. Further, evidence gathered through the former is not admissible in courts, while evidence gathered through the latter is delayed due to the prevalence of long-drawn procedures, resulting in the escape of the ‘dog’. The solution could thus lie in the creation of an ‘International Framework on Cybercrime’ for addressing various legal issues relating to cyberspace.

The Council of Europe Convention on Cybercrime (the Convention) [52] is the first comprehensive framework on cybercrime which puts forth ‘instruments to improve international cooperation’ [53] and ‘duly takes into account the specific requirements of the fight against cybercrime’ [54]. The Convention has the potential of becoming an International Cyber Law like the Private International Law that has evolved over a period of time, but would have to be used in harmony with the substantive criminal law of the territory. The complex interaction between the two underscores the necessity for the enactment a separate set of laws to handle cybercrime.

VI. CONCLUSION

Cyberspace is increasingly becoming a favourite domain for criminals for not only committing crimes but also for maintaining secret global criminal networks. This is because the organic nature of cyberspace is manifested in anonymity in space and time, immediacy of effects, non-attribution of action, and the absence of any international borders. Due to the unique nature of cyberspace, it is difficult to apply the laws of criminal liability for traditional crimes to cybercrimes. An examination of the traditional theories reveals that cybercrime is fundamentally different from crimes in the real world, and the traditional models are not effective in dealing with cybercrime. However, the dynamics of cybercrime was explained by transposing the factors operating in Routine Activity Theory (RAT) to cyberspace. It was demonstrated that the higher levels of anonymity, confidence and technological skills enjoyed by the offender motivate him to choose and target a victim who has been rendered vulnerable by the prevalent low level of security, trust and crime-reporting emanating from poorly defined laws, poor technical skills, and deficit of trust in the law enforcement machinery. The detection, investigation, prosecution, and successful conviction of the perpetrator of a cybercrime require the law to address the specific features of crime in virtual space. Anonymity and invisibility of action in cyberspace and its ‘geographic indeterminacy’ give rise to the legal issues of ‘applicable laws’ and ‘conflicting jurisdiction’. The architecture of the Internet needs to be governed by law, which has the potential to improve the behaviour of criminals in cyberspace. This would also entail international cooperation to address the issues of sovereignty, jurisdiction, transnational investigations, and extraterritorial evidence. It is suggested that the Council of Europe Convention on Cybercrime could be a yardstick for initiating measures in this direction. However, all this does not preclude the need for a separate set of laws for handling cybercrimes and providing legal remedies against them.

VII. REFERENCES

[1] Sandeep Mittal, ‘A Strategic Road-map for Prevention of Drug Trafficking through Internet’ (2012) 33 Indian Journal of Criminology and Criminalistics 86
[2] Marco Gercke, Europe’s legal approaches to cybercrime (Springer 2009)
[3] Marco Gercke, ‘Understanding cybercrime: a guide for developing countries’ (2011) 89 International Telecommunication Union (Draft) 93
[4] David L Speer, ‘Redefining borders: The challenges of cybercrime’ (2000) 34 Crime, law and social change 259
[5] Sandeep Mittal, ‘Perspectives in Cyber Security, the future of cyber malware’ (2013) 41 The Indian Journal of Criminology 18
[6] Sandeep Mittal, ‘The Issues in Cyber- Defense and Cyber Forensics of the SCADA Systems’ (2015) 62 Indian Police Journal 29
[7] Sandeep Mittal, ‘A Strategic Road-map for Prevention of Drug Trafficking through Internet’
[8] Open-ended Intergovernmental Expert Group on Cybercrime, Comprehensive Study on Cyber Crime, 2013)
[9] https://wildequus.org/2014/05/07/sufi-story-blind-men-elephant/ (Accessed on 13/04/2017)
[10] http://www.constitution.org/col/blind_men.htm (Accessed on 13/04/2017)
[11] Martina Gillen, ‘Lawyers and cyberspace: Seeing the elephant’ (2012) 9 ScriptED 130
[12] Frank H Easterbrook, ‘Cyberspace and the Law of the Horse’ (1996) U Chi Legal F 207
[13] Ibid at 207, para 3
[14] Joseph H Sommer, ‘Against cyberlaw’ (2000) Berkeley Technology Law Journal 1145
[15] Lawrence Lessig, ‘The law of the horse: What cyberlaw might teach’ (1999) 113 Harvard law review 501
[16] Andrew Murray, ‘Looking back at the law of the horse: Why cyberlaw and the rule of law are important’ (2013) 10 SCRIPTed 310
[17] James Baxendale, ‘FORTIETH ANNIVERSARY ISSUE: EQUINE CONSIDERATIONS AND COMPUTER LAW-REFLECTIONS FORTY YEARS ON’ (2010) 36 Rutgers Computer & Tech LJ 161
[18] Susan W Brenner, ‘Toward a criminal law for cyberspace: A new model of law enforcement’ (2004) 30 Rutgers Computer & Tech LJ 1
[19] Ibid at page 104
[20] Susan W Brenner, ‘Cybercrime Metrics: Old Wine, New Bottles?’ (2004) 9 Va JL & Tech 13
[21] Susan W Brenner, ‘Is There Such a Thing as’ Virtual Crime’?’ (2001)
[22] Brenner, ‘Toward a criminal law for cyberspace: A new model of law enforcement’
[23] Miltiadis Kandias and others, An insider threat prediction model (Springer 2010)
[24] Sandeep Mittal, ‘Understanding the Human Dimension of Cyber Security’ (2015) 34 Indian Journal of Criminology and Criminalistics 141
[25] Majid Yar, ‘The Novelty of ‘Cybercrime’ An Assessment in Light of Routine Activity Theory’ (2005) 2 European Journal of Criminology 407
[26] Ibid
[27] Lawrence E Cohen and Marcus Felson, ‘Social change and crime rate trends: A routine activity approach’ (1979) American sociological review 588
[28] Nir Kshetri, ‘The simple economics of cybercrimes’ (2006) 4 IEEE Security & Privacy 33
[29] Yar, ‘The Novelty of ‘Cybercrime’ An Assessment in Light of Routine Activity Theory’
[30] Majid Yar, Cybercrime and society (Sage 2013)
[31] Yar, ‘The Novelty of ‘Cybercrime’ An Assessment in Light of Routine Activity Theory’. at page424
[32] Ibid
[33] Mittal, ‘A Strategic Road-map for Prevention of Drug Trafficking through Internet’
[34] Statistics Source: Crime in India Statistics, NCRB, Ministry of Home Affairs, Government of India, New Delhi.
[35] Karuppannan Jaishankar, ‘Establishing a theory of cyber crimes’ (2007) 1 International Journal of Cyber Criminology 7
[36] Susan W Brenner, ‘Toward a criminal law for cyberspace: Product liability and other issues’ (2004) 5 Pitt J Tech L & Pol’y i
[37] Bill McCarthy, ‘New economics of sociological criminology’ (2002) 28 Annual Review of Sociology 417
[38] JR Probasco and William L Davis, ‘A human capital perspective on criminal careers’ (1995) 11 Journal of Applied Business Research 58
[39] Kshetri, ‘The simple economics of cybercrimes’
[40] Neal Kumar Katyal, ‘Criminal law in cyberspace’ (2001) 149 University of Pennsylvania Law Review 1003
[41] Ibid
[42] https://www.washingtonpost.com/blogs/comic-riffs/post/nobody-knows-youre-a-dog-as-iconic-internet-cartoon-turns-20-creator-peter-steiner-knows-the-joke-rings-as-relevant-as-ever/2013/07/31/73372600-f98d-11e2-8e84-c56731a202fb_blog.html?utm_term=.8cc4b79354f7
[43] Alexandre López Borrull and Charles Oppenheim, ‘Legal aspects of the Web’ (2004) 38 Annual review of information science and technology 483
[44] Though every computer or smart device has a machine address which can be easily spoofed, we are talking here specifically about geographical location. The remote access, incognito logins, encrypted platforms for communication, anonymous remailers and availability of ‘cached’ copies of frequently accessed internet resources further complicate and make impossible to attribute actions in cyberspace.
[45] Dan L Burk, ‘Jurisdiction in a World without Borders’ (1997) 1 Va JL & Tech 1
[46] Lessig, ‘The law of the horse: What cyberlaw might teach’
[47] In real space nature is represented by architecture.
[48] That includes software that makes internet to behave as it is.
[49] Graham Greenleaf, ‘An endnote on regulating cyberspace: architecture vs law?’ (1998)
[50] Lessig, ‘The law of the horse: What cyberlaw might teach’
[51] Greenleaf, ‘An endnote on regulating cyberspace: architecture vs law?’
[52] Council of Europe, Convention on Cybercrime, 23 November 2001, available at: http://www.refworld.org/docid/47fdfb202.html [accessed 26 February 2017]
[53] Ibid. Articles 23-35
[54] Ibid. Preamble

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A Review of International Legal Framework to Combat Cybercrime

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International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 5, May-June 2017

Sandeep Mittal, IPS
Director
LNJN National Institute of Criminology & Forensic Science
Ministry of Home Affairs, New Delhi, India
sandeep.mittal@nic.in
Prof. Priyanka Sharma
Professor & Head
Information Technology & Telecommunication,
Raksha Shakti University, Ahmedabad, India
ps.it@rsu.ac.in

 

Abstract: Cyberspace is under perceived and real threat from various state and non-state actors. This scenario is further complicated by distinct characteristic of cyberspace, manifested in its anonymity in space and time, geographical indeterminacy and non-attribution of acts to a tangible source. The transnational dimension of cybercrime brings forth the issue of sovereignty, jurisdiction, trans-national investigation and extra territorial evidence necessitates international cooperation. This requires and international convention on cybercrime which is missing till date. Council of Europe Convention of Cybercrime is the lone instrument available. Though it is a regional instrument, non-members state like US, Australia, Canada, Israel, Japan etc. have also signed and ratified and remains the most important and acceptable international instruments in global fight to combat cybercrime. In this paper, authors have argued that Council of Europe Convention on Cybercrime should be the baseline for framing an International Convention on Cybercrime.

Keywords: Cybercrime, International Convention on Cybercrime, Cyber Law, Cyber Criminology, International Cooperation on Cybercrime, Internet Governance, Transnational Crimes.

I. INTRODUCTION

Information Societies have high dependency on the availability of information technology which is proportional to security of cyber space [1] [2]. The availability of information technology is under continuous real and perceived threat from various state and non-state actors [3]. The cyber-attack on availability of information technology sits on a thin line to be classified as cybercrime or cyber war having devastating effects in the physical world. The discovery of ‘cyber-attack vectors’ like Stuxnet, Duqu, Flame, Careto, Heart Bleed etc. in the recent past only demonstrates the vulnerability of the confidentiality, integrity and availability of information technology resources [4] [5]. The scenario is further complicated by the very nature of cyber space manifested in anonymity in space and time, rapidity of actions resulting in asymmetric results disproportionate to the resources deployed, non-attribution of actions and absence of international borders [6]. By virtue of these features, ‘the transnational dimension of cybercrime offence arises where an element or substantial effect of the offence or where part of the modus operandi of the offence is in another territory’, bringing forth the issues of ‘sovereignty, jurisdiction, transnational investigations and extraterritorial evidence’; thus necessitating international cooperation [7]. In this essay, international efforts and their efficacy in combating cybercrimes would be analysed.

II. INTERNATIONAL LEGAL FRAMEWORKS

Although several bilateral and multilateral efforts have been attempted to combat cybercrime, the European Union remains at the forefront in creating a framework on cybercrime [8] [9] [10] [11]. Going beyond the European Union by inviting even non-member States, incorporating substantial criminal law provisions and procedural instruments, the Council of Europe Convention on Cybercrime (the Convention) [12] puts forth ‘instruments to improve international cooperation’ [13]. The Convention makes clear its belief ‘that an effective fight against cybercrime requires increased, rapid and well-functioning international cooperation in criminal matters’ [14]. As on December 2016, 52 States have ratified the Convention and 4 States have signed but not ratified. As of July 2016, the non-member States of Council of Europe that have ratified the treaty are Australia, Canada, Dominican Republic, Israel, Japan, Mauritius, Panama, Sri Lanka and US. The Convention is today the most important and acceptable international instrument in global fight to combat cybercrime [15] [16] [17] thereby limiting the scope of discussion to the Convention for the purpose of this essay.

The Convention seeks to harmonise the substantive criminal law by defining ‘offences against the confidentiality, integrity and availability of computer data and systems’ [18], ‘computer related offences’ [19], ‘content related offences’ [20], ‘offences related to infringement of copyright and related rights’[21] and ‘ancillary liability and sanctions’ [22]. The convention also seek to harmonise the procedural law by providing scope, conditions and safeguards to procedures [23], expedited preservation of stored computer data, traffic data and partial disclosure of traffic data [24]; the search and seizure of stored computer data [25] and collection of real time data [26]. The jurisdiction over the offences established by the Convention is also sought to be harmonized [27]. However the strength of the Convention is the details in which general and specific principles relating to international co-operation including extradition and mutual assistance are enumerated [28]. To sum up, the Convention intends to provide ‘a swift and efficient system of international cooperation, which duly takes into account the specific requirements of fight against cybercrime’ [29]. However, a few scholars [30] have raised doubts about the effectiveness of the Convention, in improving the international co-operation thus enabling law enforcement agencies to fight cybercrime, and thereby terming it merely a symbolic instrument. The Convention ‘is an important step in right direction’ [31] and remains as ‘the most significant treaty to address cybercrimes’ [32].


III. EFFICACY, FUNCTIONING AND LIMITATION

A number of contentious legal and procedural issues generally arise while investigating cybercrimes involving transnational dimension, thus acting as impediment to the very process of investigation [33] [34] [35]. The cyber space has evolved exponentially since the Convention was drafted. The deployment of ‘military-grade precision-vectors’ and the advanced persistent threats (APTs) to attack infrastructure in virtual and real world are the order of the day. The internet of things has beginning to become botnet of things. The Nation-states also have realised that the cyber-space has almost become the fifth domain of war.[36] In view of this escalated scenario, while the formal channels like extradition and mutual assistance are delayed to the extent of killing the investigation, the informal requests between law enforcement agencies (LEAs) are viewed with suspicion.

The Convention only seeks to harmonize the domestic law but many nation-states have no cybercrime legislation. This combined with heterogeneity of skills, capacity, technology access and sub-culture of LEAs, cybercriminals and victims forms a ‘vicious circle of cybercrime’ [37]. The role of consent, having cognitive and cultural limitations, for accessing stored computer data in accordance with Article 32 of the Convention, is not well defined and therefore open to the interpretation of courts making this provision rather an instrument of international non-cooperation. Moreover, EU Primary Law viz., Charter of Fundamental Rights (CFR) of the European Union of 2000 [38], Treaty on European Union [39] and the jurisprudence of the CJEU [40], now recognise data protection as a fundamental right. The shield of human rights is very effectively used to prevent international co-operation. The domestic laws of some nation-states, e.g., Section 230, CDA [41] in US, have become judicial oak in hampering international co-operation in cybercrime investigations as it provides blanket immunity to search engines like Google.

The very nature of the internet-governance structure, tilted heavily toward private players, leaves very little in the hands of the States. The efforts for strengthening international co-operation to combat cybercrime, including the Convention, have miserably failed to tap this private element of the governance mainly due to conflict of private and public interests.

IV. CONCLUSION

As cyber space is rapidly evolving with the advent of new technologies, the cybercrime is assuming new dimensions in space and time impeding its investigation in ways never before contemplated. The law and the capacity building of LEAs are not able to keep pace with these new developments. While the cyber space has no borders for the cybercriminals, the law enforcement agencies would have to respect the sovereignty of other nations. The national disparities in ‘law’, ‘legal systems’ and ‘capacity’ to combat cybercrimes are so wide that the international co-operation remains the only hope to combat crime. The Convention on Cybercrime is, though symbolic, a great effort to identify issues and provide solution to the existing legal and procedural gaps in fighting cybercrime. As the laws were and would always remain inadequate for enforcement, it would only be a concerted effort to achieve international co-operation to make cybercrime a very high cost and high risk proposition. The UN has recently woken up to the situation [42] and would do well to take the Convention on Cybercrime as the baseline to frame an International Convention on Cybercrime.

V. REFERENCES

[1] M. Gercke, “Europe’s legal approaches to cybercrime,” in ERA forum, 2009, pp. 409-420.
[2] M. Gercke, “Understanding cybercrime: a guide for developing countries,” International Telecommunication Union (Draft), vol. 89, p. 93, 2011.
[3] D. L. Speer, “Redefining borders: The challenges of cybercrime,” Crime, law and social change, vol. 34, pp. 259-273, 2000.
[4] S. Mittal, “Perspectives in Cyber Security, the future of cyber malware,” The Indian Journal of Criminology, vol. 41, p. 18, 2013.
[5] S. Mittal, “The Issues in Cyber- Defense and Cyber Forensics of the SCADA Systems,” Indian Police Journal, vol. 62, pp. 29- 41, 2015.
[6] S. Mittal, “A Strategic Road-map for Prevention of Drug Trafficking through Internet,” Indian Journal of Criminology and Criminalistics, vol. 33, pp. 86- 95, 2012.
[7] O.-e. I. E. G. o. Cybercrime, “Comprehensive Study on Cyber Crime,” UNODC2013.
[8] “COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime,” ed, 2001.
[9] “Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Creating a safer information society by improving the security of information infrastructures and combating computer-related crime [COM(2000) 890 final – not published in the Official Journal].”
[10] “Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems,” vol. OJ L 69, 16.3.2005, p. 67–71, ed.
[11] Council of Europe, Convention on Cybercrime, 23 November 2001, available at: http://www.refworld.org/docid/47fdfb202.html [accessed 26 February 2017].
[12] ibid.
[13] ibid.. Articles 23-35
[14] ibid. Preamble
[15] “Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Creating a safer information society by improving the security of information infrastructures and combating computer-related crime [COM(2000) 890 final – not published in the Official Journal].”
[16] O.-e. I. E. G. o. Cybercrime, “Comprehensive Study on Cyber Crime,” UNODC2013.
[17] “United Nations, UN General Assembly Resolution 55/63: Combating the Criminal Misuse of Information Technologies (Jan. 22, 2001),” ed.
[18] Council of Europe, Convention on Cybercrime, 23 November 2001, available at: http://www.refworld.org/docid/47fdfb202.html [accessed 26 February 2017].. Articles 2 – 6.
[19] ibid.. Articles 7, 8.

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Risks and Opportunities provided by the Cyber- Domain and Policy- Needs to address the Cyber- Defense

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International Research Journal On Police Science, ISSN 2454-597X Volume 2, Issue 1&2

Sandeep Mittal, I.P.S.,*

 

International Research Journal On Police Science. ISSN: 2454-597X, Issue 1&2, December 2016

Introduction

The term ‘Cyber Domain’ has been used widely by various experts, sometimes interchangeably with ‘Cyber Space’, to imply – “the global domain within the information environment that encompasses the interdependent networks of information technology infrastructures, including the internet and telecommunication networks” (Camillo & Miranda, 2011). Today it has become “the fifth domain of warfare after land, sea, air and space and its a challenge to have a common definition of cyber Domain” but for the purpose of this essay the definition given above would suffice. Any entity, whether it is a Nation State or an Enterprise, who operates in cyber domain need to maintain confidentiality, integrity and availability of its deployed resources. The dynamics of cyber domain is complex and complicated in time and space. The humans, machines, things and their interaction is evolving continuously to pose risks and opportunities in the cyber domain. The risk to someone becomes opportunity for the other. In this essay, the ‘risks presented by’ and ‘opportunities available in’ the cyber Domain would be identified, discussed and analyzed to consider key strategic policy elements to defend the cyber domain.

Risks and Opportunities in Cyber Domain

The ‘very low cost efforts’ giving asymmetric results coupled with anonymity in space and time makes the cyber domain attractive (Cyber Security Strategy of UK, 2009) for use by various actors for malicious objectives. This faceless and boundary less domain is highly dynamic and throwing surprises with rapidity and having the potential of causing damages (real and virtual) which are disproportionate to the resources deployed. Let us have a look at various realms in terms of risks associated with them.

  1. The information system platforms and the equipment supporting the cyber ecosystem is susceptible to conventional physical attacks. The electronic equipment can be subjected to destruction by generating High Energy Radio Frequencies and Electromagnetic Pulses.
  2. The services in the cyber- space may be disrupted by direct attack e.g. DoS, DDoS etc. This is the most common attack and has the potential to paralyze the lines of communication, bring down banking services and sabotage military operations. It has been deployed over the years not only by novice script kiddies but also sophisticated state sponsored agencies successfully. Botnets working round the clock have become a serious challenge.
  3. The sensitive data (in storage and on the move) may be accessed, stolen or manipulated to have the desired effect immediately or at a subsequent date. The technology and deployment methodology is evolving with time and simple malware tools have been replaced with complex, intelligent and well-crafted attacks generally known as Advanced Persistent Threats (APTs). The stealth, patience and dedicated consistency of APTs has the capability to bypass the best firewalls (including New Generation Firewalls) and Intrusion Detection and Prevention Systems to exploit the Zero- Day- Vulnerabilities (Fire Eye White Paper, 2014).

The risks  associated with various realms as discussed above may manifest themselves in various dimensions of the society like Civic Infrastructural Breakdown (e.g., failure of electric power grids, disruption of fuel pipelines, disruption of water supply chain etc.), Economy Disruption (e.g., disruption of banking services, business continuity and maintenance related costs), Social Behavioral Effects on Society (e.g., gambling, spamming, pornography, drugs supply, propagation of extremist ideology) and last but not the least hacking and intrusion into privacy, compromising the Nations Morale through  use  of social media leading  to civic unrest and hampering diplomatic relations (e.g. Wiki Leaks ) and thus finally setting the stage for Cyber Warfare. Eventually, the Cyber Domain becomes a ‘means’ of most serious ‘end’, that is, the Cyber Warfare (Cornish et al, 2009). The ‘research-tool of yester- years’ has evolved into a strong medium of mass communication. In the Chatham Report titled ‘Cyberspace and the National Security of the United Kingdom, 2009, the concept of Cyber Threat Domains is introduced.

Let us have a look at the challenges and opportunities in Cyber security in terms of four ‘Cyber- Threat- Domains” (Cornish et al, 2009).

  1. ‘State-sponsored Cyber-attacks: The complete dependence of a Nation’s economy and critical infrastructure presents an opportunity to the ‘Nation States’ to deploy cyber- tools to gain information-dominance in cyber-domain to transmit information and denial/ restriction of such information to enemy state, as also the collection of tactical information. Going further, crippling a nation by paralyzing its critical infrastructure through deployment of stealthy and well-crafted tools to exploit ‘Zero-day-vulnerability’ is a matter of hours, and not even days. The use of Cyber attacks in raising the temperatures of furnaces in nuclear power plants and increasing the flow-speed of liquids in fuel pipelines may be used as weapons of mass- destruction.
  2. The concepts of war-maneuvering have been compared with cyber-maneuver (Applegate 2012), where it is realized that blatantly hostile acts in cyber space are characterized by rapidity, anonymity and difficulty in attribution and are dispersed in space and time. Even the territory of enemy or one of his allies can be used to achieve desired asymmetric results.

  3. Cyber-Terrorism /Extremism –There is no other medium which is more powerful and anonymous than cyberspace, where asymmetric results can be achieved by deploying minimal resources with ease. The internet is an anarchic play ground or an ungoverned space, which can be exploited by extremists for communication and information sharing, designing strategies, conducting training for its members, procurement of resources, infiltrating State’s assets and forming alliances with organization having common objectives but different motivations. The use of social media by political extremists to propagate their ideology and take on the government machinery may spearhead insurgency by exploiting public sentiment.
  4. Serious and Organized Criminal Groups are exploiting the cyber space not only to maintain their criminal networks but also for money laundering, drug-trafficking, extortion, credit card frauds, industrial espionage etc. “In the cyber space, physical strength is insignificant […….] , strength is in  software , not in numbers of individuals“ (Brenner, 2002). It poses a great challenge to the Law Enforcement Agencies to tackle Cyber- criminality. The need of operational level coordination with international LEAs can not be under stated as the existing mechanisms of MLAT etc have not given desired results. The thrust LEAs is on acquisition of hardware and software and the training of human resources is lacking.
  5. Lower –level Individual Attacks: are acts of individuals and may give results disproportionate to the skills deployed. These attacks may not be technologically advanced but have the capabilities to create panic and day to day disruptions. Sometimes fools pose great questions. Free availability of a number of   hacking and penetration testing tools on internet assist the script kiddies to venture in the world of hacking.

Thus it is amply clear form the foregoing that the cyber domain presents unimaginable opportunities spread over space and time with rapidity, anonymity and almost no investments.

Policies to Address Cyber Defense

Any policy for cyber- defense has to be multipronged, tiered and dynamic. There are many approaches to decide upon the strategic policies. One is the systematic approach while the other is to keep the national security as the central theme and then weave other defenses around it. What should be the strategy for a secure Information Society?  For the purpose of this essay we may define it as    “the ability of a network or an information system to resist, at a given level of confidence, accidental events or malicious actions that compromise the availability authenticity, integrity and confidentiality of stored or transmitted data and the related services offered by or accessible via these networks and systems” (Commission of the European Communities, 2006). Though this is a network- system- centric definition, it is felt by author that, if this approach is taken care of, by the strategic policy, the other considerations would fall in line. The approach should not be like the example of the “elephant and the five blind men’ rather it should be an integrative approach to address various risks, issues and opportunities in the cyber domain.  We would try to build up the key elements of the strategy which a strategic policy should address to defend the cyber domain. “The integrated application of cyberspace capabilities and processes to synchronize in real- time, ability to detect, analyze and mitigate threats and vulnerabilities, and outmaneuver adversaries, in order to defend designated networks is part of cyber defense strategy and includes proactive network operations, defensive counter cyber operations and defensive countermeasures” ( U.S Department of Defense, 2010 ). As policy should be general and broad, it would be beyond the scope of this essay to discuss procedures, details of technologies and processes associated with them and mechanisms to deploy them.  We would be focusing rather on the key elements; a security policy should incorporate to achieve the objective of defending the cyber domain. It should incorporate the ground realities present in the scenario where policy would be applied. In the lighter vein, I am incorporating three cartoons, based on three real incidents in India, conceptualized by the author.


The author has perused the summaries of  the National Cyber Security Strategies of nineteen countries (Luijf, Besseling & Graaf, 2013) and based on them, tried to identify the key elements of the strategic policy to defend the cyber domain.

  1. Legislation/Legal Framework:

    The cyber domain has no boundary. The various stakeholders and players may be spread all round the globe irrespective of national jurisdictions. Hence, a law which is progressive and aligned with international conventions on cyber-crime and Laws of the other nation states would be a basic requirement to defend the cyber domain. Additionally, the judiciary needs to be sensitized on various aspects of cyber law for better appreciation while dealing with such cases.

  2. Mandating the Security Standards:

    Mandating the minimal security standards in information security is like preparing the ground before the seeds are sown. Security assurance measures for products ( ISO/IEC 15408), security assurance measures for development process  (ISO /IEC 21827) , measures for Security Management (ISO/IEC 27001) etc should  be implemented with Zero tolerance for non-compliance. Personnel expertise and knowledge should be mandated through professional certifications.

  3. Secure protocols, Soft wares and Products:

    At present there is no system in place for ‘cyber-supply-chain-security-ratings’. This is a big loophole as these hardware and software ,  have to be frequently changed and have the potential of getting compromised thus putting the cyber- security at stake. These software and hardware become the gateway to attacks in the cyber domain.

  4. Active-Dynamic Security Measures for Prevention, Detection and Response Capabilities:

    The technology of the malware and the methodology of its deployment in cyber-domain has radically evolved over the years. “The attacks are advanced, targeted, stealthy and persistent and cut across multiple threat vectors [web, email, file shares, and mobile devices ] and unfold in multiple stages, with calculated steps to get in , signal back out of the compromised  network,  and get  the valuables out (Fire Eye White  Paper, 2013).  While firewalls, new generation firewalls , Intrusion Prevention Systems etc. are important security defenses, they can not stop  dynamic attacks  that exploit zero-day vulnerabilities. Hence integrated platforms having the capability to identify and block these sophisticated attacks,   and thus safeguard their critical and sensitive assets. Attack  Attribution Analysis should be deployed to  identify the attackers (Lewis, 2014) . Zero Trust Model of Information Security also helps in reducing the attacks from digitally- signed-malware (IBM Forrester Research Paper, 2013).

  5. Threat and vulnerability Analysis:

    A detailed threat and vulnerability analysis of the resources should be maintained and updated periodically as per minimum At least a broad 3×3 matrix  as per NIST FIPS 199 Standards is suggested.  A risk- profile- dashboard should be kept ready. The assets which are critical need to be identified clearly and SOPs for their protection be put in place.

  6. Continuity and contingency Plans should be prepared and kept ready. Many nations are deploying in house “Government- off- the- shelf“ (GOTS) technology for sensitive defense and critical infrastructure systems. The attacks are inevitable but if the services are maintained, the confidence and trust of the stakeholders is vindicated. The Governments should also work towards a mechanism of Cyber Liability and Cyber Insurance which at present is generally lacking.

  7. Information Sharing: In most of the countries there is a mechanism to share information on security breaches and related developments by establishing Computer Emergency Response Teams (CERTs). These national CERTs also interact with each other at international level. However , the author’s personal experience shows that many of the enterprises  don’t share information on breaches  in order to protect corporate image. Sometimes the security breaches may not be even known for months. There is an urgent need for devising a mechanism where reporting of security  breaches should be made mandatory with penalties for non-compliance.

  8. Awareness, education and training: Practice makes a man perfect. Continuous awareness and educational campaigns for various stakeholders on dos and don’ts have to be run repeatedly. The training workshops  for the workforce  should be organized. We should always remember that the human behavior is the greatest risk to security and this risk can only be minimized by education and training only.

  9. Reforms in school and Collegiate Education: If cyber security as a subject is included in the school and college curricula, a ready cyber work force would be available to be deployed across various sectors. The online training courses in cyber security should be designed and incentives offered to workers, if they attend and successfully complete these courses.

  10. International Collaboration: The cyber domain has no boundaries. The attacker sitting in one country using the system and resources of a second country may compromise a sensitive database in a third country. If there is no international collaboration, what  ever strategy we may design, it is bound to fail. Although, there is a Regional Convention on Cyber Crime but unfortunately there is no such convention on cyber security [The Council of Europe (Budapest) convention on Cyber Crime, 2004]. There is a necessity for comprehensive international cooperation to sort-out issues regarding Jurisdiction, Mutual Assistance, Extradition , 24 / 7 Network etc ( Clough, 2013). However , personal experience of the author is that there is need to galvanize international cooperation, which is presently almost ineffective at operational level.

However, to achieve the desired objectives, the strategies need to be implemented through acquirement and effective allocation of sufficient resources through accountable responsibilities ( Ward & Peppard, 2002). But even if all this is done, the things will not turn out as desired ( Johnson & Scholes, 2002 ) as demonstrated in the following figure. Therefore a strategic management process that can adapt to changing scenarios during the implementation of original strategy is not a substitute for the original strategy but it’s a way of making it work.

Conclusion

The Cyber Domain by virtue of its unique characteristics of anonymity, availability and maneuverability in space and time, having no international borders ,  and capacity to give asymmetric results hugely disproportionate to the resources deployed, offers tremendous risks and opportunities for various stakeholders. It is rapidly expanding its scope from internet of human beings and machines to internet of things. It has the potential of disrupting a Nations economy, polity, civic and military infrastructure and last not the least, may lead to the cyber-warfare. Any policy and strategy to defend the Cyber Domain should be dynamic enough to adjust to the rapidly changing nature of attacks and technology. The futuristic scenarios  like “Botnet of Things” have the potential of disrupting the normal life of humans. The strategic policy explained in this essay,  if implemented,  should take care of various aspects of defending the cyber domain. However, as the attacks, technologies and attackers evolve, the policy should also evolve with the same rapidity. The ‘unknown- unknown’ of the cyber domain is yet to be seen by the world.

Note:      The views expressed in this paper are of the author and do not necessarily reflect the views of the organizations where he worked in the past or is working presently. The author convey his thanks to Chevening TCS Cyber Policy Scholarship of UK Foreign and Commonwealth Office, who sponsored part of this study. The author is also thankful to his student Ms. Avinash Kaur @ NICFS who skillfully converted the given situations depicted by the author into the cartoons included in this paper.

References

Applegate,S. 2012, “ The Principle of Maneuver in Cyber Operations http://www.academia.edu/1436096/The_Principle_of_Maneuvar_in_Cyber_Operation/  accessed on 14/03/2014.

Brenner, S.W. 2002, “Organized Cybercrime? How Cyberspace May Affect theStructure of Criminal Relationships  (Vol. 4, Issue 1, Fall 2002), p. 24.”, Journal of Law & Technology, North Carolina, vol. 4, no. 1, pp. 24.

Clough , J. 2013, “The Budapest Convention on Cyber Crime: Is Harmonisation Achievable in a Digital World.
http://aic.gov.au/media_library/conferences/2013-isoc/presentations/clough.pdf
Accessed on 13/03/2014.”, 2nd International Serious and Organised Crime Conference, ed. Presentation, Monash University, Brisbane, 29-30 July 2013.

Cornish, P., Livingstone, D., Clemente, D. & and Yorke, C. 2009, Cyber Security and the UK’s Critical National Infrastructure.  http://www.chathamhouse.org/sites/default/files/public/Research/International%20Security/r0911cyber.pdf Accessed on 13/03/2014, A Chatham House Report, United Kingdom.

Cornish, P., Hughes, R. & and Livingstone, D. 2009, Cyber space and the National Security of the UnitedKingdom : Threats and Responses.  http://www.chathamhouse.org/sites/default/files/public/Research/International%20Security/r0309cyberspace.pdf Accessed on 14/03/2014, A Chatham House Report, United Kingdom.

Cornish, P., Livingstone, D., Clemente, D. & and Yorke, C. 2010, On Cyber Warfare https://www.chathamhouse.org/sites/default/files/public/Research/International%20Security/r1110_cyberwarfare.pdfAccessed on: 11/03/2014, A Chatham House Report, United Kingdom.

Federica Di Camillo and Vale’rie Miranda 2011, Ambiguous Definitions in Cyber Domains: Costs, Risks and the Way Forward., Istituto Affari Internazionali, Roma.

FireEye White Paper 2014, Advanced Attacks Require Federal Agencies to Reimagine IT Security, online publisher, http://docs.media.bitpipe.com/io_11x/io_114094/item_844153/advanced_attacks_federal_agencies.pdf Accessed 11/03/2014.

FireEye White Paper 2013, Thinking Locally, Targetted Globally- New Security Challenges for State and Local Governments

http://docs.media.bitpipe.com/io_11x/io_114094/item_844153/fireeye-thinking-locally-targeted-globally.pdfOnline accessed on 11/03/2014,

IBM 2013, Supporting the Zero Tr ust Model of Information Security:The Important Role of Today’ s Intrusion Prevention Systems http://public.dhe.ibm.com/common/ssi/ecm/en/wgl03038usen/WGL03038USEN.PDFAccessed on 13/03/2014, IBM Forresster Research Paper, Online.

Luiijf, E., Besseling, K. & and de Graaf, P. 2013, “Nineteen national cyber security strategies’, , Vol. 9, Nos. 1/2, pp.3–31.”, Int. J. Critical Infrastructures, vol. 9, no. 1/2, pp. 3–31.

NIST 800- 39, Managing Information Security Risk: Organization Mission and Information System View.  , NIST Special Publication., USA.

NIST “Guide for Applying Risk Management Framework to Federal Information Systems. NIST Special Publication 800- 37.   “, NIST, vol. 800- 37.

NIST Recommended Security Controls for Federal Information Systems and Organizations. NIST Special Publication 800- 53., 800- 53 edn, NIST, USA.

NIST FIPS Standards for Security Categorization of Federal Information and Information Systems., NIST FIPS, USA.

NIST FIPS Standards for Security Categorization of Federal Information and Information Systems.  NIST FIPS Publication 199  , 199th edn, NIST FIPS, USA.

Purser, S. 2004, A practical guide to managing information security, Artech House, Boston, Mass. ; London.

Stevens, T. 2010, , ‘US Cyber Command achieves “full operational capability,” international cyberbullies be warned’, 5 November 2010,
http://www.engadget.com/2010/11/05/us-cyber-command-achieves-full-operational-capability-interna/ Accessed 11/03/2014, November edn,

The Joint Chiefs of the Staff 2010, http://www.nsci-va.org/CyberReferenceLib/2010-11-joint%20Terminology%20for%20Cyberspace%20Operations.pdf, Memorendum for Chief of Military Services edn, US Department of Defense, Washington D.C.

UK Cabinet Office 2010, Securing Britain in an Age of Uncertainty: The Strategic Defence and Security Review , p. 47. http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_191634.pdf Accessed 11/03/2014, Cm7948 edn, The Stationary Office, London.

UK Cabinet Office 2009, Cyber Security Strategy of the United Kingdom: Safety, Security and Resilience in Cyber Space, p. 12., Cm7642 edn, The Stationery Office, London.

Reputational Risk, Main Risk Associated with Online Social Media

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IJCC, Volume XXXIV No. 2 July-Dec.,2015 ISSN 09704345

Sandeep Mittal, I.P.S.,*

 

The Indian Journal of Criminology & Criminalistics,
Volume 35 (2) July – Dec. 2015

Abstract

Social media is undoubtedly a revolution in the business arena blessing the organizations with the power to connect to their consumers directly. However, as the saying goes nothing comes without a cost; there is cost involved here as well. This article examines the risks and issues related to social media at the time when the world is emerging as a single market. Social networking and online communications are no more just a fashion but an essential feature of organizations in every industry. Unfortunately, inappropriate use of this media has resulted in increasing risks to organizational reputation threatening the very survival in the long-run and necessitating the management of these reputational risks.

This article attempts to explore the various risks associated with social media. The main aim of this study is to particularly focus on reputational risks and evaluate it’s intensity from the perspectives of public relations and security staff of an organization. The article is structured to firstly explain the concept of social media followed by identification of various social media risks and the analysis of reputational risk from perspectives of public relations and organizational security staff. The article then based on the analysis provides various recommendations in order to help the contemporary organizations to overcome such risks and thus, enhance their effectiveness and efficiency to gain competitive advantage in the long-run.

Keywords: Reputational Risk, Online Social Media, OSM Security, OSM Risk, Organizational Reputation, Cyber Security, Information Assurance, Cyber Defence, Online Communication.

Introduction

With changing times, the concept of socializing has been transforming. Globalization and digitalization to a large extent are responsible for the same. With internet, it is possible to stay connected with people located in various regions of the world. One such medium of socializing is the social media. In todays time, online social media services have been one of the most vibrant tools adopted not only by individuals but also corporate and government organizations (Picazo-Vela et al., 2012). Corporates in fact have been abiding social media extensively as it is one of the cheapest ways of communicating with the masses. The importance of social media can be understood from the fact that at present there are more than 100 million blogs that are highly operational and connect people from across the world (Kietzmann et al., 2010). Further there has been a surge in social media members for websites like Facebook or Twitter with over 800 million active users in Facebook in 2012 and 300 million users of Twitter (Picazo-Vela et al., 2012). In spite of being a very powerful mode of communication it is subjected to a large number of risks.

Organizations do not operate in vacuum, thus, management of reputation is crucial for them, as it affects their markets as well as the overall environment. Organizational reputation not only impacts its existing relations but also affects the future courses of action (McDonnell and King, 2013). In this article, an attempt is made to understand the various reputational risks associated with social media that affects an organization’s working and also suggests some ways to overcome them.

Concept of Social Media

The foundations of social media have been laid by the emergence of Web 2.0 (Kaplan and Haenlein, 2010). It is with the help of this technological development that social media is accessed at such a wide scale and is available in devices like cell phones and tablets, other than personal computers and laptops. Social media is gaining importance in the corporate world as decision makers and consultants are exploring its various aspects to exploit its potential optimally (Kaplan and Haenlein, 2010). Social media is an online communication system through which information is generated, commenced, distributed and utilized by a set of consumers who aim to aware themselves regarding various aspects related to a product, service, brand, problems and persona (Mangold and Faulds, 2009). It is also known as consumer-generated media. In simple terms, it can be explained as a platform to create and sustain relationships through an Internet based interactive platform.

Social media is categorized under collaborative projects, blogs, content communities, social networking sites, virtual game worlds, and virtual social worlds (Kaplan and Haenlein, 2010). The examples of various communication systems under social media are provided in the Table 1 for ready reference.

Organizations have realized the importance of social media and have been using it along with other integrated marketing communication tools to converse with target audience effectively and efficiently (Michaelidou et al, 2011). This is mainly because the modern day consumers are shifting from traditional promotional sources to such modernized sources. Social media has a very strong hold and is influencing consumer behavior to a large extent. Out of all the above few examples, Twitter has emerged as one of the most powerful social media tools. In the present day scenario, approximately 145 million users communicate by transferring around 90 million ‘tweets’ per day, of 140 characters or less (Kietzmann et al, 2010). Another example is of Youtube in which videos can go viral in few seconds and can attract more than 9.5 million views for a single video (Kietzmann et al, 2010).

Table 1: Example of Social Media Types

Social Media Type Example
Social networking websites MySpace, Facebook, Faceparty, Twitter
Innovative sharing websites Video Sharing (Youtube), Music Sharing (Jamendo.com), Photo Sharing (Flickr), Content Sharing (Piczo.com), General intellectual property sharing (Creative Commons),
User-sponsored blogs The Unofficial AppleWeblog, Cnet.com
Company-sponsored websites/blogs Apple.com, P&G’s Vocalpoint
Company-sponsored cause/help sites Dove’s Campaign for Real Beauty, click2quit.com
Invitation-only social networks ASmallWorld.net
Business networking sites LinkedIn
Collaborative websites Wikipedia
Virtual worlds Second Life
Commerce communities eBay, Amazon.com, Craig’s List, iStockphoto, Threadless.com
Podcasts For Immediate Release: The Hobson and Holtz Report
News delivery sites Current TV
Educational materials sharing MIT OpenCourseWare, MERLOT
Open Source Software communities Mozilla’s spreadfirefox.com, Linux.org
Social bookmarking sites which permit browsers to suggest online news stories, music, videos Digg, del.icio.us, Newsvine, Mixx it, Reddit

Source: Mangold and Faulds, 2009.

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Risks Associated with Social Media

Before discussing the various risks associated with social media, it is essential to understand the various risks faced by an organization while using the internet. This can be depicted with the help of a diagram provided as Figure 1.

Figure 1: Internet Related Risks for Organizations
Source: Lichtenstein and Swatman, 1997

In Figure 1, other internet participants imply other members from the internet society. These risks are very general and are experienced by organizations even in cases where they are not connected to the internet like the risks associated with corrupted software (Lichtenstein and Swatman, 1997).

The horizon of risks have expanded to a larger extent by things becoming more critical and complicated with extensive popularity and usage of social media (Armstrong, 2012). Organizations are challenged with new and unique risks which need to be catered proactively. These risks threaten the effectiveness of this mode and thus organizations fail to reap its benefits completely. It is due to such risks that many organizations have either limited their approach towards usage of social media or do not resort to such measures. Such risks range from data outflow and legal complications to risks associated with reputation (Everett, 2010).

These risks can be categorized under two heads namely; those related to user and security related issues (Chi, 2011). User related risks are inadequate certification controls, phishing, information seepage, and information truthfulness (Chi, 2011). The security related risks are Cross Site Scripting (XSS), Cross Site Request Forgery (CSRF), injection defects, deficient anti-automation (Chi, 2011).

Out of all the risks related to social media, an organization is mainly threatened with risks related to information confidentiality, organizational reputation and legal conformities (Thompson, 2013). Issues related to information confidentiality emerge mainly because information is shared digitally using social media. Thus, there are chances of such information getting hacked or shared unintentionally. This may raise risks related to privacy thus affecting information integrity.

Legal issues while using social media are bound to take place mainly because this media is used for global approach and is therefore affected by international rules and regulations. It is challenging for an organization to understand varied legal obligations of differing countries and then determine a universally accepted legal protocol. Risks related to organizational reputation are discussed in detail in the next section.

Reputational Risk

Reputation of an individual or organization is related to one’s reliability and uprightness. Thus, managing and securing the reputation becomes highly critical. With organizations resorting to social media extensively, they are bound to experience such reputational risks thus affecting their goodwill negatively. Reputational risks arise from the fact that organizations share all-embracing information with customers and browsers (Woodruff, 2014). This information in many circumstances is misused which damages organizational reputation. The various depressing effects from reputational damage are negative impact on goodwill in the real world, restricting development of social contacts and contracts, detrimental impact on attracting potential customers (Woodruff, 2014). In one of the research studies, 74 per cent employees accept the ease of causing reputational damage to organizations through social media (Davison et al., 2011). It is due to this reason that organizations to a large extent scrutinize the use of social networking sites by their employees.

Public Relations

Public relations depict organization’s relations with its various stakeholders. Organizations use the social media platform to interact with their stakeholders and thus develop a strong and positive public image. In fact the social media, organizations and stakeholders together interact within the dynamic business world (Aula, 2010). These interactions are shaped by organizational public relations objectives and the extent of social media usage for developing organizational reputation. But developing and sustaining a positive public relation is not easy as they are hampered to a large extent when subjected to reputational risks. Organization’s personal identity is at stake as it can be plagiarized and used without authentication (Weir et al, 2011).

Reputational risks are related to organizational credibility and results from security risks like identity theft and profiling risks. These risks challenge organizational reputation by questioning its compliance with societal rules and regulations (McDonnell and King, 2013). Organizations to a large extent fail to integrate social media with organizational and stakeholders objectives resulting into ineffective reputation management.

Social media has made organizations global, due to which even minor incidents get highlighted internationally. Local issues get international fame resulting in a negative reputation for the organization globally. Further with social media being active, organizations cannot escape from the clutches of negative publicity (Kotler, 2011). One example of failure of reputation management that resulted in earning negative fame across the world is Nestle. In 2010, Greenpeace uploaded a video on YouTube against KitKat by Nestle (Berthon et al, 2012). The video went viral and resulted in negative publicity for the organization. Though the advertisement was made mainly for consumers in Malaysia and Indonesia for conserving rainforests but it was acknowledged by the world at large.

Another risk that is faced by the organizations is the creation of a public image through standardized marketing programs. Differing stakeholders from different countries use different social media platforms which make it essential for organizations to clearly analyze and understand their usage requirements and patterns. This is where most of the organizations fail and thus are unable to use social media appropriately.

Below is a graph that depicts usage of differing social media platforms in different countries as per statistics in 2011 (Berthon et al, 2012).

Figure 2: Relative Frequency of Search Terms from Google Insights: Social Media by Country

Source: Berthon et al, 2012

Organizational Security Staff

Organizational employees are indispensable for the success. But these employees can also be a threat to the organization. It is mainly possible as employees have access to organization’s confidential and important information which they can leak to outsiders. With social media’s growing popularity, the line between personal and professional conversations on web has become blurred. Further inspite of keeping this information under security they can evade such systems through illegal measures. Further research has proved that only in USA approximately 83per cent staffs use organizational resources to contact their social media (Zyl, 2009). Other than using these resources for personal messages exchange over social media, 30 per cent employees in USA and 42 per cent employees in UK also exchanged information related to their work and organization (Zyl, 2009). This depicts the intensity of problem of security risks related to social media. Thus, the organizational security staff has to be on its toes to ensure that such information is highly secured and not utilized inappropriately.

In 2002, an employee of an international financial services organization in the USA infiltrated the organizational digital security systems and used ‘Logic Bomb’ virus to delete approximately 10 billion files from 1300 organization’s servers. This resulted in a financial loss of around $3 million and it also had to suffer due to negative publicity. This depicts failure of organizational society staff to combat risks. Such issues have become very common in the social networking world. Employees have the freedom to generate nasty and unsecured comments or links that harms organizational reputation, finances and creates security related risks (Randazzo, 2005).

With the help of social media, social engineering attacks are possible due to easy admission to hefty information by hackers, spammers and virus creators. They can easily misuse the same by creating fake profiles, stealing identity and collect details with regards to job titles, phone numbers, e-mail addresses. Further they can also corrupt systems using malwares that ultimately are a threat to organizational data. Data infiltration and loss ultimately impact organizational reputation negatively as these leaked data are used for unauthentic and illegal activities.

RECOMMENDATIONS

Organizations who are either unaware of these risks or are unable to defend themselves can face dire consequences at times. Organizations are aware of the gains that they would derive from using social media networking and thus take such risks readily. These risks cannot be avoided completely,organizations need to work out measures through which they can manage these risks and mitigate their negative influences.

In order to overcome issues related to privacy that ultimately results in hampering one’s reputation, the organizations should take proactive measures before using social media. During the sign-up phase or creation of social networking profiles, specific concerns related to privacy and confidentiality should be resolved and proper regulations designed (Fogel and Nehmad, 2009). These rules and regulations should be very clearly communicated to organizational employees so that they have complete information regarding social media dos and don’ts. Further the organization should not only design strict punishments but also execute them against those who break such rules (Hutchings, 2012).

One of the ways to overcome reputational risks related to social media is by appointing an efficient social media manager. These managers are specialists and would be responsible for determining the social media related protocol based on organizational top secret information, contemporary issues and prospective plans (Bottles and Sherlock, 2011). The social media manager should have a responsibility towards the organization and various stakeholders and thus intermingle with them sincerely and empathetically (Brammer and Pavelin, 2006). The manager should also have a vigilant eye and an analytical attitude to identify various fact, figures and events that can impact organizational reputation and thus take corrective actions. As security staff play crucial role in determining organizational security standards, the organizations should be very specific in recruiting and selecting them. Besides, there should be a greater emphasis in the organization development of culture, values, and ethics within an organization.

Organizations should also understand that management of reputational risks requires collaborative and innovative approach. The organization needs to develop a social media involvement protocol by consulting and taking advice from differing sources like legal experts, marketing experts, international business experts, media experts and other stakeholders (Montalvo, 2011). The organization should also be innovative in selecting and distributing the content through social media so that it can responsibly deal with issues.

CONCLUSION

Organizations today prefer to use social media in comparison to traditional media (Hutchings, 2012). It is mainly due to the various benefits associated with the same but they cannot also overlook various associated risks. It takes ages for an organization to develop a positive reputation and thus careful measures needs to be taken to maintain and sustain it. Organizations are unable to exercise control on social media completely but they can take restrictive measures to ensure that reputational risks are minimized and their ill effects are combated.

The article identified that the major reputational risks related to social media for organizations arise due to data outflow, identity theft, profiling risks, inappropriate choice of public relation strategy, inability to control external environmental factors, inappropriate information management and security policy and failure to have efficient and effective security staff. In order to overcome such issues, organizations need to appoint social media managers and hire employees skilled in social media management. Further, it should be a collaborative and creative approach and design social media protocol to mitigate such risks.

To conclude, it can be stated that the organizations need to be proactive and have a vigilant eye on environmental factors to secure themselves and benefit from online social media.

Note: The views expressed in this paper are of the author and do not necessarily reflect the views of the organization where he worked in the past or is working presently, the author convey his thanks to Chevening TCS Cyber Policy Scholarship of UK Foreign and Commonwealth Office, who sponsored part of this study.

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Role of Perception, Collaboration and Shared Responsibility among various Stake-holders in Critical Infrastructure Risk Management

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Sandeep Mittal, I.P.S.,*

 

Indian Journal of Criminology, Volume 42 (1) & (2) January & July 2014

Introduction

The well-being of a nation depends on its critical infrastructure and how secure and resilient it is to sustain the services to its citizen and maintain normal life and activity. In today’s world the critical infrastructure is so widely distributed in time and space that the entire process of establishing, maintaining, securing and making it resilient involve a number of stake holders like the governments at the federal, state and local levels; specialised technical organizations in public and private sectors; private vendors, security agencies and last but not the least the citizens or the society. Each one of them has to play a role in close collaboration with other stakeholders. Moreover the critical infrastructure is increasingly becoming more dependent on cross- sectorial processes governed by technology and humans. All of them closely interact with each other, e.g., the humans interact with humans, humans interact with technologies, and this interactive process is highly complex, complicated and biased due to their cultural values, judgements and perceptions which in turn are dynamic in space and time(Ramamurthy, 2012). In this essay, we would examine how the process of building the security and the resilience in critical infrastructure can be achieved through a collaborative approach and neutralising the cultural perceptions.

The Collaborative Approach to Critical Infrastructure and Cultural Perception

Let us have a look at the case study of a disturbing incident regarding a Critical Infrastructure facility in the southernmost State of India, Tamilnadu viz., the public agitation against the Nuclear Power Project at Koodankulam.The Nuclear Power Corporation of India under Department of Atomic Energy, Government of India was in the advance stage of commissioning two 100 MW nuclear power reactors in a coastal village of Tamilnadu at a cost of about GBP 1600 Million.

E-mail ID:mittals.ips@gmail.com

Recently one of the reactors had started producing the electricity at commercial scale. These reactors are under planning and construction for more than a decade but there are repeated public uproars regarding the safety of these nuclear power plants, more vigorously after the Fukushima Nuclear Disaster in Japan. Offlate, the ‘safety-concerns’ regarding the commissioning of this critical-infra-structure project have itself taken the shape of a ‘security-threat’ to this critical-infrastructure project, due to disturbed perception dynamics of various stakeholders the local community which went berserk posing serious threat to the critical-infrastructure including long time disruptions to the critical operations necessitating intervention by police authorities to diffuse the situation as per the rule of the law. The Tamil Nadu Police did an extremely trying job of restoring the peace and public order in an outstanding professional manner while maintaining, at the same time,utmost restraint, patience and respect for the human rights of the agitators.

This is when the ‘safety-fear’ became the ‘security-threat’ to critical infrastructure itself…The following narrative based on information gathered from various sources would explain the scenario.

“On September 11, 2011 the protestors began an indefinite fast. Efforts were made by police and administration to peacefully settle the issue. Group of senior Ministers (15th September, 2011), Hon’ble Union Minister (20th Sep-2011), Hon’ble Chief Minister of Tamil Nadu (22nd September, 2011), Hon’ble Prime Minister of India (7th October, 2011) met with representatives of the protestors. On 22ndSeptember, 2012 a resolution was passed by the State Cabinet to halt work at KKNPP till fears of people are allayed.On 13th October, 2011, during local body election campaign, the protestors laid siege to KKNPP and blocked all roads.The protestors later withdrew on Oct 16thOctober, 2011 and the local body elections were conducted peacefully. A Central Committee conducted several rounds of discussions with representatives of protestors and concluded that the plant was safe. A State Committee also examined the safety aspects and concluded that the nuclear plant was safe.On 18th March, 2011 work was fully resumed at KKNPP with police security.Declaration of the prohibitory order under Sec.144 Cr.P.C. was challenged by 3 public interest litigations in Writ Petitions No.7520, 7633 and 7634/12 before the Division Bench of the Hon’ble High Court of Judicature at Madras wherein the order was passed on 26th March, 2012 by the Hon’ble High Court upholding the prohibitory, and is reproduced in part as follows,

“……In view of the above, we hold that the impugned order is only a regulation and not a prohibition altogether for avoiding breach of peace. Therefore, we are not inclined to interfere with the impugned prohibitory order, passed by the second respondent. However, it is made clear that the District Administration shall ensure uninterrupted supply of essential commodities like milk, water and electricity etc., and bus facilities and take all steps against the persons indulging in activities like digging of the roads, blocking the roads with boulders, pillars etc., by taking action in accordance with law. It is needless state that any persons aggrieved by the impugned prohibitory order would be at liberty to avail the remedy available under section 141 (5) of Cr.P.C, if so advised…..”

While disposing a batch of Writ Petitions in W.P.Nos.24770 and 22771 of 2011, 8262 and 13987 of 2012 and W.P.(MD) Nos.14054 and 14172 of 2011, 1823 and 2485 of 2012 by the order dated 31st August, 2012 the Hon’ble High Court at Madras observed which is reproduced in part as follows,

“……By taking note of the overall situation explained in detail, we are of the view that the KKNPP in respect of Units 1 and 2 do not suffer from any infirmities either for want of any clearance from any of the authorities, including the MOEF, AERB, TNPCB, and the Department of Atomic Energy, and there is absolutely no impediment for the NPCIL to proceed. ……..”

Even after the Hon’ble High Court order, the protestors decided to lay siege to the nuclear plant. There was a law and order flare up on September10, 2012 when the protestors forcefully and violently tried to proceed towards the plant. Police dispersed the unlawful assembly observing utmost restraint and with the use of minimum force. The police remained highly disciplined, professional and tactful and quickly de-escalated the tense situation. The Hon’ble High Court of Judicature at Madras considered the law and order incidents at Koodankulam in W.P. (MD).No. 12093 of 2012 and W.P. (MD) No. 12091 of 2012 and observed as follows,

“…..Certainly each citizen has got every right to raise his objection to any public issue. But there is a method to raise objection and there is a manner in which that has to be raised, but not as adopted by these agitators by attacking the police, etc. The stand of the petitioners is that they raised their objection peacefully. We are unable to understand whether causing damage to public properties, threatening the people to close down their business establishments and causing damage to vehicles and forcing the general public to yield to their view can be said conducting the agitation in a peaceful manner. Having disobeyed the prohibitory orders and totally ignoring the Division Bench Judgement of this court and taking the law into their own hands and even after the requisition made and notice given to them for the dispersal of the unlawful assembly, if the agitators can continue with this in their own way, causing all irregular and illegal activities, this Court is not able to understand how they are entitled to ask for an enquiry and how this relief can be given, when a citizen himself has taken the law into his own hands?…..”

From the very beginning police and district administration realised that this is a very emotivepublic issue with widespread ramifications. All efforts were made to peacefully resolve the issue by negotiations and restraint. Effective intelligence gathering and tactful handling were key to defeat the evil designs of few people with vested interests who were actively misguiding innocent villagers, women and children; and were trying to give communal and extremist colour to the agitation with intent to destabilise the law and order situation in the entire coastal belt of the state. Further an interesting insight into the perception of law-makers in to radiation hazards related to such critical infrastructure projects is revealed when the following unstarred question (Rajya Sabha Unstarred Question No. 485) was asked on the floor of the Upper House of Parliament of India,

“Will the PRIME MINISTER be pleased to state:

(a) in what manner India look at the reported first radiation linked cancer case due to Fukushima disaster;
(b) whether a few similar cases of cancer are still awaiting confirmation of a link to accident; and
(c) in view of above, whether the Ministry reconsider its decision about nuclear energy, if not, the reasons therefor?”

This was answered by THE MINISTER OF STATE FOR PERSONNEL, PUBLIC GRIEVANCES & PENSIONS AND PRIME MINISTER’S OFFICE as follows,

“(a) According to Reuters news dated October 20, 2015 the dose received by the deceased worker is 19.8 millisievert (mSv) of which 15.7 mSv was received between October 2012 to December 2013 during post Fukushima clean-up operations. World over occupation workers involved in radiation jobs are governed by the International Commission on Radiological Protection (ICRP) recommendations for dose limits by regulatory bodies. The dose limit for an occupational worker is 20 mSv/year averaged over a period of 5 years and in a year, the limit is 30mSv as per the guidelines of Atomic Energy Regulatory Board (AERB). The dose received by the worker in the present case is within the safe limit stipulated by the respective regulatory body. Although radiation is considered as a possible cause of cancer, according to literature survey, and based on the experience, the cancer cannot be conclusively attributed to radiation at this low dose. The dose received by the worker is well within the safe limit being practised world over.

(b) These cases of exposure are not directly resulting from release of radioactivity to environment from Fukushima disaster, but they are from the planned exposure situation during post clean-up operations at Fukushima. At low doses (within the safe limit), it cannot attribute radiation as the only cause of cancer if detected only in few individuals. The scanning of large number of population anywhere in the world can find cases of cancer like leukemia, lung cancer, thyroid cancer etc., even if they are not exposed to radiation. There is no scientific evidence of confirmed cancer incidences for exposure to less than 100 mSv and the exposure reported from Fukushima is much below this dose.

(c) Indian nuclear power programme believes in protection of the worker, public and their environment from potential radiation hazards, while at the same time making it possible for advancing the nation to enjoy all the benefits resulting from use of nuclear energy. There is no reason to reconsider the decision of going ahead with nuclear energy programme in India. Fukushima accident was caused by an unexpected severe tsunami followed by a massive earthquake. Such major nuclear accident is not anticipated in any of the Indian Nuclear Power Plants due to their location as well as engineering design and operating condition. The Indian Nuclear Power programme follows stringent guidelines on safety at all stages such as siting, design, construction and operation of nuclear power plant and strict regulatory control and compliance. The safety of the workers and public is ensured during normal operation as well as under off-normal conditions. Hence, the Government does not see any detrimental impact on worker and public due to nuclear energy programme.”

A perusal of the above case study would reveal the varying perceptions of the Law Enforcer himself, the politicians, the courts and the civil society on the same issue.These perceptions- related fault-lines in the risk management of critical-infrastructure are mainly due to varying perceptions of governments, politicians, public etc. This case-study amply demonstrate that for security and resilience in Critical Infrastructure, a partnership between the federal and state governments, local, tribal and territorial entities and public and private owners and operators of critical infrastructure proving Douglas and Wildavsky right when they said that, as we are dealing with “‘known’ and ‘known’- unknowns” and no one person can be aware of all the risks and therefore calculate it (Douglas and Wildavsky, 1982). However, before each one collaborates, they need to understand the risk environments affecting critical infrastructure which is complex, complicated and uncertain as the threats and vulnerabilities have evolved over a period of time. The evolving threats to critical infrastructure are climatic condition, technical failures, accidents, acts of terrorism and last but not the least cyber threats (US Department of Homeland Security, 2013).

The Web of Complexity

The increasing interdependence across the sectors and reliance on Information and Communication Technology (ICT) has heightened the potential vulnerabilities to the critical infrastructure.The interdependency and inter-connectivity of the operating environment necessitates collaboration in both planning and action to shape the security and resilience environment of critical infrastructure. The increasing use of cloud computing, mobile devices and wireless connectivity has dramatically changed the operational aspect of critical infrastructure. The use of COTS-products (Commercial- off- the- shelf) has exposed the system to greater risks. The perception of various stake holders in using the COTS-products would differ in time and space thus affecting the operational environment. The critical infrastructure assets in regards to various aspects like ‘location of Physical Assets Versus Location of Services’, ‘Ownership of Assets Versus User of Asset’ are distributed in space and time. This necessitates the partnership across the sectors, across the jurisdictions and across the national borders to build security and resilience in the operating environment. However the cultural perceptions in space and time would affect the mechanism of collaboration thus affecting the resilience mechanism.

The partnership structure of the collaboration between private sectors (owners, vendors, associates, partners etc.) and their government counterpart is a primary mechanism for building security and resilience in critical infrastructure. The concerns and perceptions regarding data privacy and protection have taken a turn-around after the Snowden episode. The Government sector is not willing to trust the private partners. The nature, complexity and interdependency of critical infrastructure operations and risk environment don’t allow any of the entity to manage risk of its own (US Department of Homeland Security, 2013).

In today’s, well connected world, where critical infrastructure is geographically distributed over large areas spacing 100 KM communicating between field units and master tools, the security of the system integrating information technology and operations technology like SCADA and their communication with SOC(Security Operation Centre) assumes significance. A number of frameworks have been designed to assess and mitigate privacy impact of information system, processes, or programmes. Fair Information Practices Principles based on US Department of Homeland Security (2012)is one ofthesuch frameworks. The application of these principles, however, would be influenced by the individual perception of various stockholders at national, regional, local and owner/operator levels when planning for critical infrastructure security and resilience. Theseprinciples are enumerated below, (modified after US Department of Homeland Security, 2013)

  1. Identification and management of risk in such a coordinated and comprehensive manner across the Critical Infrastructure Components (CIC) so as to ensure optimum allocation of security and resilience resources.
  2. Understanding and addressing risks from cross-sector dependencies and interdependencies is essential to build security and resilience.
  3. Sharing information across CIC is imperative to comprehensively address critical infrastructure security and resilience in an increasingly interconnected environment.
  4. Partnership approach to address varying perceptions of various stakeholders of CIC.
  5. Regional and State /Local partnerships are crucial to handle perspectives, mostly misplaced due to lack of information or misinformation campaigns.
  6. International collaboration mutual assistance agreements. The perceptions of national Governments may vary. It is generally perceived that such mechanisms are not very effective.The recent judgement of an US Court directing Microsoft to handover information held in Dublin proves the point (PCWorld, 2014).
  7. Building security and resilience during the design of assets, systems and networks. This issue looks simple but very difficult to implement as perceptions of owners, developers, project managers and security professionals involved during the product development lifecycle vary and security is generally, if not always, ignored. This is the best example of the ‘perception-fault-lines’.

Designing a Critical Infrastructure Risk Management Framework

To overcome complexity, biases and perception fault-lines, it would be advisable to have a Critical Infrastructure Risk Management Framework (CIRMF). The US Department of Homeland Security (2013), proposed CIRMF to strengthen the collaborative efforts in building Security and resilience and in managing the risk by CIC by taking informed decisions. “While individual risk entities are responsible in managing risk to their organisations, collaborating partners improve understandings of threats, vulnerabilities and each-other’s perception” (USDHS, 2013).

The various security elements of critical infrastructure whichin physical, cyber, human should be explicitly identified and integrated at each steps of process. A model of cyber security getting influence by humans has been proposed where it has been demonstrated by incorporating various measures, users behaviour in information system security can be improved by strengthening the factors that have a positive impact and reducing the factors that have a negative impact on the information system security.

“One must keep in mind that risk analysis of critical infrastructureisdependent upon interactions of ‘human with human’ and ‘human and technology’ which areindeed highly complex cognitive processes. The human by nature are not rational and the risk analysis done by them is not value- free and depends on judgementshaving intuitive biases of risk perception. The risk analysis, therefore should take into account the understanding of public concerns in the context,of cultural meanings and value judgements. The culture here is not meresocial; rather it includes historical, political, national, organizational and individual’s own personal experience. Therefore, some scholars have emphasised that politics (they includeperception, values, culture etc. in it) is an important dimension in Risk Analysis” as shown in following (Slovic& Weber, 2002).

Figure 1.Relationship between Risk Assessment, Politics & Management (after Slovic& Weber, 2002)

The risk analysis is like an artefact, an object showing human workmanship, encapsulating practitioner’s values and knowledge and revealing the nature of culture in which artefact was produced. Both are valuable.As Adams said, “Its anxious work. In undertaking it, the modern risk manager should strive to avoid behaving like the drunk who looks for his keys not where he dropped them, but under the lamp-post because that is where it is light” (Adams, 2007).

Conclusion

The Critical Infrastructure Security and Resilience is a complex, complicated and uncertain process trying to reduce and manage the risks that are ‘known’, ‘known- unknown’, and ‘unknown- unknown’. The social, political andeconomic cultures;inter-disciplinary biases of academicians and practitioners (e.g., Scientist Vs. Social Scientist or Academician Vs. Practitioner); organisational sub-cultures within and across the sectors; cognitive decision making processes by human beings (who are biased because of their sub- conscious intuitions and personal experiences and emotions); all play an important role in the collaborative dynamics of the critical infrastructure security and resilience building matrix. To overcome these undesirable attributes is easier said than done. However, the systematic, continuous, repeated and consistent efforts to build a collaborative approach in minimising these so called limitations for critical infrastructure security and resilience would go a long way to achieve better and more widely acceptable results. Ultimately, it is the society who has to decide its own fate.

Note: The views expressed in this paper are of the author and do not necessarily reflect the views of the organizations where he worked in the past or is working presently. The author convey his thanks to CheveningTCS Cyber Policy Scholarship of UK Foreign and Commonwealth Office, who sponsored part of this study.

References

Adams, J.’.2007, Complexity & Uncertainty in a Risk Averse Society, Online http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.169.3637&rep=rep1&type=pdfedn, Omega Conference, London.

Boin, A. & McConnell, A. 2007, “Preparing for critical infrastructure breakdowns: the limits of crisis management and the need for resilience”, Journal of Contingencies and Crisis Management, vol. 15, no. 1, pp. 50-59.

Mittal,S. 2016 “Understanding the Human Dimension of Cyber Security”, The Indian Journal of Criminology & Criminalistics, Vol.XXXIV, no.1pp.141-152.

Douglas, M.’.&Wildavsky, A.’.1982,Risk and Culture: An Essay on the Selection of Technical and Environmental Dangers. First edn, University of California Press, Berkeley.

Masuda, J.R. & Garvin, T. 2006, “Place, culture, and the social amplification of risk”, Risk Analysis, vol. 26, no. 2, pp. 437-454.

PCWorld 2014, Search Warrants extend to Emails stored Overseas us Judge Rules in Microsoft Case. http://www.pcworld.com/article/2148780/search-warrants-extend-to-emails-stored-overseas-us-judge-rules-in-microsoft-case.html, Onlineedn, PCWorld, Online.

Ramamurthy, V.S.’. 2012, Perception and Acceptance of Public Risks. Accessed online
http://eprints.nias.res.in:8081/446/1/L4-12_VS_Ramamurthy.pdf, Science and Society Lecture Series edn, Indian National Science Academy, New Delhi.

Slovic, P.’.& Weber, U.V.’.2002, “Perception of Risk Posed by Extreme Events”, Risk Management Strategies in an Uncertain World., April edn, Pailisades, New York.

US Department of Homeland Security 2013, NIIP 2013: Partenering For Critical Infrastructure Security and Resilience, First edn, USDHS, USA.

US Department of Homeland Security 2008, Privacy Policy Guidance Memorandum Number : 2008-01, Memorandum edn, USA, Washington DC.

US Federal Emergency & Management Agency 2013,
Comprehensive Preparedness Guide 201: Threat and Hazard Identification and Risk Assessment Guide , US Department of Homeland Security, Washington, D.C.

Rajya Sabha Unstarred Question No.485, Radiation Linked Cancer Cases, (Answered on 03.12.2015) Accessed:http://www.dae.nic.in/writereaddata/parl/winter2015/rsus485.pdf

*Sandeep Mittal, I.P.S., Deputy Inspector General of Police, LNJN National Institute of Criminology and Forensic Science, Ministry of Home Affairs, Government of India, Sector-3, Rohini, Delhi -110085, Office No. 011-27521104, Fax No.011-27511571

Celebration of Basant Panchmi in NICFS

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Basant Panchmi was celebrated with great enthusiasm on the 1st of February, 2017 at NICFS with lighting of the ceremonial lamp by the Sh. Sandeep Mittal, IPS, Director NICFS. The event began with Saraswati Vandana by the students. Sh. Sandeep Mittal, IPS, Director NICFS felicitated the Senior Faculty Members with a shawl on the occasion of Basant Panchmi.The festivities concluded with a speech by Sh. Sandeep Mittal, IPS, Director NICFS

Sh. Sandeep Mittal, IPS, Director NICFS lighting lamp on the occasion of Basant Panchmi
Sh. Sandeep Mittal, IPS, Director NICFS lighting lamp on the occasion of Basant Panchmi
Teacher/students lighting lamp & invoking Godess Saraswati on the occasion of Basant Panchmi
Teacher/students lighting lamp & invoking Godess Saraswati on the occasion of Basant Panchmi
Saraswati Vandana by students of NICFS in presence of Sh. Sandeep Mittal, IPS, Director, NICFS
Saraswati Vandana by students of NICFS in presence of Sh. Sandeep Mittal, IPS, Director, NICFS
Sr Faculty Sh. Sandeep Mittal, IPS, Director, NICFS felicitating Members on the occasion of Basant Panchmi
Sh. Sandeep Mittal, IPS, Director, NICFS felicitating Senior Faculty Members with a shawl on the occasion of Basant Panchmi
Sh. Sandeep Mittal, IPS, Director NICFS addressing to faculty/students on the Basant Panchmi
Sh. Sandeep Mittal, IPS, Director NICFS addressing faculty/students on the occasion of Basant Panchmi

11th Annual Information Security Summit 2016

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Shri Sandeep Mittal, I.P.S., Director, NICFS, Chaired the Panel Discussion on “Malware Economics and underground market….. Evolving nature of cyber attacks” at the “11th Annual Information Security Summit 2016” organised by NASCOMM-DSCI on 14th and 15th December, 2016, at Delhi NCR.

Sh. Sandeep Mittal IPS Director, NICFS  Chaired the Panel Discussion on “Malware Economics and underground market..... Evolving nature of cyber attacks” at the “11th Annual Information Security Summit 2016”
Sh. Sandeep Mittal IPS Director, NICFS Chaired the Panel Discussion on “Malware Economics and underground market….. Evolving nature of cyber attacks” at the “11th Annual Information Security Summit 2016”

Shri Sandeep Mittal, I.P.S., Director, NICFS, Chaired the Panel Discussion on “Malware Economics and underground market….. Evolving nature of cyber attacks” at the “11th Annual Information Security Summit 2016” organised by NASCOMM-DSCI on 14th and 15th December, 2016, at Delhi NCR.

In this discussion, he highlighted the important issues related to Malware Economy especially Mode of supply malware goods and services to customers, Malware suppliers, Non-contractible actions, Human dimension, Hierarchy of hackers economy, Links between hackers and users, Scale of Malware Economy, Complexity of Malware Development, Modular communities on malware development, Lemonising the Market by different attacks, Ransomware attacks, Bitcoins and the legal definition of Malware with special reference to Wassenaar Arrangement and Computer Fraud and Abuse Act of USA. The discussion at this panel made the audience to understand the present scenario of Malware Economy along with the underground market and the complication in prevent and controlling the cyber attacks.

The other participants in the panel discussion were Shri Chandra Sekhar Reddy, Shri Monnappa and Shri Rohit Srivastava and the discussion came to an end with a vote of thanks to Chair from the official of DSCI.

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