Today’s Internet means the system by which not just entertainment but any country can be ruined by military, space, intelligence agency, power grid, economy and rumors. For example, the cyber attack on Iran by the US is not a very old thing. But recently the Hon’ble Supreme Court of India has ordered the government to restore internet in Kashmir and has given strict warning that the internet will not be banned in the future. If the internet usage has to be banned even in very serious circumstances, then the government will have to tell on what conditions it has imposed these restrictions, so that, the public can submit a petition for hearing on it. In this way, the Supreme Court declared the use of the Internet a Fundamental Rights and made it a part of Article 19B of the Indian Constitution. But there are other circumstances which are increasing and decreasing these things, not only in India, but also internationally by some binding laws and treaties. In which the world-class mechanism being created to prevent the cybercrime will make it is possible to put restrictions on the Internet, not only under domestic laws, but by calling for international laws and threat to national security. I do not know how effective the system being made on two fronts will be in preventing crimes committed by the Internet.
In recent months, there has been some significant incidents on the world scale which has increased both the autonomy, and the danger of the Internet. The first is that Russia is now bringing its own Internet system, to reduce its dependence on the American influence and to combine its national security. This fear of Russia is due to the cyber attack incident in which it is suspected that the US attacked its defense technology and grid system using its Internet dominated companies. Therefore, he will now bring his own internet security and impregnate his national security. Apart from this, another important incident is about China, which has resolved last month amid the trade war that it will replace all foreign computers, soft wares from the country with native devices by 2022. This plan has been started by China this year, code named 3-5-2 plan, means 30% of foreign computers, hardware and other devices will be replaced in 2020, 50% in 2021 and the remaining 20% in 2022. Both Russia and China have taken decisions taking into account the threat of cyber attack, and their national security from the US. But in the midst of all this, there is also a discussion of an enormous treaty, under which the option of Budapest Convention is being explored and which was recently proposed by Russia in collaboration with various countries to the United Nations General Assembly, named, “Combat the use of Information and Communications Technology for Criminal Purposes.” It was passed by the Third Committee of the General Assembly on 29 December 2019 with 79 votes in favor of 60 votes of the opposition. 33 other countries did not participate in this resolution while remaining neutral. Once this proposal becomes law, a mechanism will be created to prevent cyber crimes worldwide under the banner of the United Nations, which will work together like the Budapest Convention. Before going ahead with Russia’s proposal, it is important to know what is the Budapest Convention?
The Budapest Convention is a treaty officially named the Budapest Convention on Cybercrime. It is the first treaty in the world to curb cybercrime, providing that the respective members enact uniform laws in their countries to prevent cybercrime internationally. It was started when the Internet crime started taking place in this world. It was initiated by the countries of the Council of Europe by holding a meeting in the city of Strasbourg, France but later it also joined Canada, America, Japan, Australia, Argentina and South Africa and in 2001 they drafted the treaty. The draft was subsequently adopted at the 109th Council of Europe Ministers, ‘ Meeting on 8 November 2001 the same year, after which it was signed in the Hungarian capital Budapest from 23 November and the treaty came into effect from 1 July 2004. Since 2001 India was not so capable regarding internet nor was economy the strongest. At that time, cyber attacks were also very low with us, so neither its member countries invited India to any meeting nor did India think it is appropriate to go to its meeting.
Right now the discussion of this Budapest Convention is being done now Because, in the International Conference on Cyber Law, Cybercrime and Cyber Security held in New Delhi from 20-22 November 2019, where the member countries of that Budapest Convention pressurize India to join the Convention. Here we should also know that from 2015 onward, this international conference is sponsored by India which includes representatives and experts from all over the world. India’s second biggest concern is Article 32B of this Convention, under which our data will automatically be passed on to the member countries, that is, what mechanisms, software and technology are we using to prevent cybercrime, not the hackers, but the member states it will surely be found. The misuse of which will be a threat to our national sovereignty. India’s third concern is that this convention is not legally binding that if hackers are attacking us at any time, then its member countries can also refuse to cooperate with India by citing their national security, so India has given did not sign the treaty. Although India is not alone. Big countries like Russia, China, Brazil, Pakistan, Mexico, etc. have also kept themselves separate from this treaty and currently 64 countries have ratified, and implemented it.
Now let us go back to Russia’s proposal, in which Russia has assured all respective countries that it will not include those provisions of the Budapest Convention which threatens the national security and sovereignty of any country. India has voted in the favor of the proposal and is actively participating in its negotiation, as well as all countries have agreed to hold a meeting at August 2020 for the purpose of establishing a treaty in New York, which will include the provision that member countries can share co-ordination and data if they want to prevent cybercrime. But the United States, the European Union and Human Rights organisations are criticizing Russia’s proposal. The US and EU is worried that the draft of the United Nations Treaty that Russia will make in it may also contain this provision, in which the internet can be shut down the whole country in the name of national security in the event of a risk of cyber attack or a website Blocks will be declared dangerous. The proposal was most strongly opposed by Finland, who led the entire European Union and appealed to all UN member states to reject the proposal. Human rights organizations say that this will give countries more power to implement censorship on the Internet. At the moment, India has chosen its path, and it is moving forward on it. But it is also certain that hackers will be the biggest beneficiaries among all these, because they will be able to easily carry out their work by taking advantage of the loop hole between the Budapest Convention on one side and the proposed treaty of UN on the other. Because there will not be a common pact for cyber security and the world will be divided again in two poles led by US and Russia.
13 April 2020
