http://timesofindia.indiatimes.com/articleshow/msid-1243460,curpg-1,fright-0,right-0.cms . Now under the law of all nations, "having a view" or taking "photographs" of crucial areas are prohibited and are strictly regulated. But the facility may give, at least, a vague idea about certain security aspects as the law is helpless in this case.This incidence once again proved the famous say that “law is like a bride, always seven steps behind the technology”. Now if any ordinary person can have access to crucial and restricted areas, the Cyber Terrorists can do havoc with national security. The traditional concepts and methods of terrorism have taken new dimensions, which are more destructive and deadly in nature. In the age of information technology the terrorists have acquired an expertise to produce the most deadly combination of weapons and technology, which if not properly safeguarded in due course of time, will take its own toll. The damage so produced would be almost irreversible and most catastrophic in nature. In short, we are facing the worst form of terrorism popularly known as "Cyber Terrorism". The expression "cyber terrorism" includes an intentional negative and harmful use of the information technology for producing destructive and harmful effects to the property, whether tangible or intangible, of others. For instance, hacking of a computer system and then deleting the useful and valuable business information of the rival competitor is a part and parcel of cyber terrorism. The definition of "cyber terrorism" cannot be made exhaustive as the nature of crime is such that it must be left to be inclusive in nature. The nature of "cyberspace " is such that new methods and technologies are invented regularly; hence it is not advisable to put the definition in a straightjacket formula or pigeons hole. In fact, the first effort of the Courts should be to interpret the definition as liberally as possible so that the menace of cyber terrorism can be tackled stringently and with a punitive hand. The law dealing with cyber terrorism is, however, not adequate to meet the precarious intentions of these cyber terrorists and requires a rejuvenation in the light and context of the latest developments all over the world. The laws of India have to take care of the problems originating at the international level because the Internet, through which these terrorist activities are carried out, recognises no boundaries. Thus, a cyber terrorist can collapse the economic structure of a country from a place with which India may not have any reciprocal arrangements, including an "extradition treaty". The only safeguard in such a situation is to use the latest technology to counter these problems. Thus, a good combination of the latest security technology and a law dealing with cyber terrorism is the need of the hour. Once again the recommendation of the author, given during the constitution of the Expert Committee, did not find favour with either the Expert Committee or the Ministry. What is required at this stage is a “futuristic aspect” and not merely looking towards “current and insignificant needs”. The worst part about this exercise by the Ministry is that neither the Ministry nor the Committee “considered” these recommendations while suggesting changes. It is expected that the present “analysis and recommendations” by the author and many more learned friends will be considered by both the Committee and the Ministry this time in the larger public interest.
It would be better if the Ministry reveals and declare what it did with these recommendations and suggestions.
Praveen Dalal
Consultant and Advocate
Delhi High Court
Tele: 9899169611.
