30 January 2014
Participating in a roundtable discussion on "Debating Cyber Security and Internet Governance" at Observer Research Foundation on January 17, they pointed out that private sector systems have a critical bearing on the health of the (victim) nation, raising the question of how social systems as a whole, not just governmental infrastructure can be protected.
The central theme of the discussion was enhancing network protection and addressing governmental disagreements on internet governance. The current trends do not paint a bright picture, with the issue of government-led capacity lagging behind the unregulated cyber world being flagged.
The lack of a global consensus on the approach to cyber governance was attributed to the basic divergence between the two principal schools of interpretation. The liberal democratic paradigm emphasises the ’protection of information networks’ against sabotage and unwarranted intrusion, whereas the authoritarian paradigm additionally focuses on ’content management’, thus scrutinising content with an intention to regulate dissent or counter opinions. The issue, it was said, gets magnified when these diverging interpretations are sought to be pushed onto the global governance agenda. A concern was expressed that cyber parochialism and ’cyber balkanization’ goes against the very essence of a borderless information world, and would potentially disrupt the critical role played by the internet in socio-economic globalisation, thus creating massive distortions in markets and inter-state relations.
It was agreed that the functional capabilities of hardware and software are increasing exponentially. Cyber security capabilities have either not evolved bottom up or have tended to lag behind these technologies, or have failed to predict or register surges in the cyber space. An example is the Arab Spring. A cyber security expert, in 2005, could never have predicted the influence and usage of social media for such political upheaval, given that Facebook was still restricted to college campuses at the time and Twitter had not been invented.
Forecasting the dynamic evolution of these possibilities and assessing their possible impacts has become an increasingly complex task. This has generated a vicious circle, with several Middle Eastern and Asian governments exhibiting an increasing urge to monitor and censor information entering and leaving their territorial jurisdictions through the web media.
Concern was voiced over the frequency and capacity with which cyber attacks are increasingly being used as a state tool for achieving strategic objectives or tactical advantages, generally in a clandestine manner and through proxies posing as non-state actors. It was mentioned that the reality is that espionage has a long history - with states spying on each other, and also establishing systems for signalling, verification and declaration of intent and policy. Functionally, if the propensity to use clandestine strategies to dominate increases, it will be increasingly difficult to predict future scenarios.
While expressing relief that so far, cyber terrorist elements haven’t succeeded at any heavy impact attacks on banks, or been able to launder money, apprehensions were expressed that "the day isn’t far when they focus the nature of attacks and scale them up, not limiting them to enabling items but full-fledged vehicles of disruption." This was witnessed in the 26/11 Mumbai attacks when real time command and control systems were utilised to a level of sophistication that US Special Forces use. The scenario gets muddied further, with sundry unpredictable actors like ’hacktivists’, petty cyber criminals and the proliferating cyber tools market.
"Swing States" like India and Brazil need to facilitate a basic consensus on a cyber code of conduct and a paradigm on international cyber security and governance. At the same time, conservative states like China and Russia also need to be brought into the fold through enhanced cooperation.
The need to work jointly on the law enforcement and mutual legal assistance aspects was highlighted. With regards to the legal framework, some thought that states should come to an understanding that the Geneva and Hague Conventions, along with the essentials of the UN Charter - with laws relating to armed conflict - must apply to the cyber world, unambiguously, in letter and spirit. As for the need of a new, legally binding treaty, there was a view that there is no such urgency, provided the existing global frameworks and international laws are applied correctly.
(This report is prepared by Maulik Mavani, Research Intern, Observer Research Foundation, Delhi)
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