IT Act 2008 Law Enforcement and Incident Response

IT Act 2008, Law Enforcement and Incident Response -The way forward BY TALWANT SINGH ADDL. DISTT. & SESSIONS JUDGE DELHI talwant@yahoo. com

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l CYBER SECURITY CAN NOT BE LEFT TO TECHNICAL EXPERTS ALONE, ALTHOUGH THEIR EXPERTISE IS QUITE IMPORTANT TO TAKE PREVENTIVE STEPS. l ONCE A CYBER SECURITY BREACH HAS TAKEN PLACE, WE NEED EXPERTS FROM LEGAL, TECHNICAL & FORENSIC FIELDS TO NAB THE CULPRIT AND BRING HIM BEFORE COURTS FOR TRIAL.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l LACK OF LEGAL KNOWLEDGE ON THE PART OF THE PROFESSIONALS HANDLING SECURITY THREATS IN IT ORGANISATIONS IS A BIG HANDICAP. l NO SERIOUS EFFORTS HAVE BEEN MADE IN THE PAST TO IMPART AT LEAST BASIC KNOWLEDGE OF IT ACT, RULES AND PROCEDURES TO THE SECURITY EXPERTS, WHO ARE OBSESSED WITH TECHNICAL SAFEGUARDS.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD AS ON DATE, RESPONSE OF THE AFFECTED ORGANISATIONS IS: 1. DENIAL TO AVOID BAD PUBLICITY. 2. HALF HEARTED INTERNAL INVESTIGATION TO FIX RESPONSIBILITY. 3. CONSULTATION WITH LAWYERS TO SEE IF THE DAMAGE CAN BE RECOVERED. 4. GO TO LAW ENFORCEMENT AGENCIES AS A LAST RESORT.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD WHICH LAW ENFORCEMENT AGENCY TO APPROACH? IT’S A BIG QUESTION. l CBI l CYBER CRIME POLICE l LOCAL POLICE l CID l CERT

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l THERE ARE OVERLAPPING JURISDICTIONS AND BIG CONFUSION IN THE MINDS OF PEOPLE LOOKING AFTER CYBER SECURITY NEEDS OF INDUSTRY. l A UNIFIED APPROACH TO SOLVE THIS DILEMMA IS REQUIRED WITH INTERVENTION OF MIT, NASSCOM, HOME MINISTRY AND STATE POLICE DEPARTMENTS.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l LONG AWAITED AMENDMENTS TO IT ACT IN 2008 HAVE GIVEN POWERS TO INVESTIGATE CYBER CRIMES TO INSPECTORS OF POLICE INSTEAD OF DY. S. P. l ARE OUR INSPECTORS OF POLICE HAVE REQUIRED TECHNICAL, FORENSIC AND LEGAL KNOWLEDGE TO HANDLE THIS CHALLENGE?

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l IN DEVELOPED COUNTRIES FORENSIC EXPERT IS THE FIRST PERSON TO ARRIVE AT THE CRIME SCENE TO COLLECT VALUABLE EVIDENCE. l IN INDIA, IN MOST OF THE CASES, EITHER HE IS THE LAST PERSON TO BE CALLED AT THE CRIME SCENE (AFTER EVERYBODY HAS TEMPERED WITH THE EVIDENCE) OR HE IS NOT CALLED AT ALL.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l WE DO NOT HAVE ADEQUATE NUMBER OF CYBER FORENSIC LABS AND EXPERTS TO COPE UP WITH THE NUMBER OF CASES OF SECURITY BREACHES. l THE CYBER LABS AND EXPERTS ARE NOT AVAILABLE AT ALL THE INFORMATION TECHNOLOGY CENTRES IN INDIA.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD CYBER CRIME CELLS/POLICE STATIONS AT: l CERT, MIT, GOI, NEW DELHI l CYBER CRIME CELL, CBI HEADQUARTER, N. DELHI l CYBER POLICE STATIONS: (14 CENTRES TILL DATE) MUMBAI, CHENNAI, DELHI, BANGLURU, KOLKATA, HYDERABAD, BHOPAL, LUCKNOW (UP), MOHALI (PB), GURGON (HR), GANDHINAGAR (GUJ), ORISSA, THIRUVANANTHAPURAM AND PUNE.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD l AS PER ONE RECENT STUDY, ONLY ABOUT 5% CYBER SECURITY BREACHES ARE REPORTED TO LAW ENFORCEMENT AGENCIES. l THE CYBER CRIME SCENE IS NOT SO COSY, AS THE STATISTICS AVAILABLE SHOWS. l CRIMINALS ARE ENCOURAGED TO COMMIT CRIME BECAUSE THEY KNOW THAT IN ABOUT 95% CASES, THE AFFECTED PARTY MAY NOT REPORT THE CRIME.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD STEPS TO BE UNDERATKEN URGENTLY: l CLEAR CUT DEMARCATION OF JURISDICTION. l IMPARTING BASIC IT RELATED LEGAL KNOWLEDGE TO IT SECURITY EXPERTS. l INCIDENT RESPONSE MANUALS WITH EXAMPLES TO BE PREPARED AND DISTRIBUTED. l COMPLAINANT BE GIVEN OPTION TO RESTRICT POLICE FROM PROVIDING DETAILS OF IT RELATED FIRs TO MEDIA.

IT ACT 2008, LAW ENFORCEMENT AND INCIDENT RESPONSE THE WAY FORWARD STEPS TO BE UNDERATKEN URGENTLY: l TRAIN POLICE OFFICIALS RESPONSIBLE FOR CRIME REPORTING AND INVESTIGATION IN IT LAW, EVIDENCE GATHERING & PROCEDURES. l LEGAL AWRENESS FOR IT SECURITY OFFICIALS. l LAWYERS & ENTIRE JUDICIARY TO BE TRAINED IN IT LAW AND ITS ENFORCEMENT.

THANKS TALWANT SINGH ADDL. DISTT. & SESSIONS JUDGE DELHI talwant@yahoo. com