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The aim of this article is to analyze the adverse impact of "Cyber Terrorism" on the national interest of India. Cyber terrorism is a catastrophic phenomenon that has not yet attracted the attention of the Indian Legislature. The law for Cyber Terrorism is not sufficient and this problem can be tackled either by making a separate law or by making suitable amendments in the already existing Information Technology Act, 2000. In the absence of the political and legislative will to fill in this lacuna, the judiciary has to play a proactive role and construe the provisions of existing laws, particularly those of the Constitution of India, in a liberal and purposive manner.
The traditional concepts and methods of terrorism have taken new dimensions, which are more destructive and lethal in nature. In the age of information technology, terrorists have acquired expertise to produce the most deadly combination of weapons and technology, which if not properly safeguarded, will take its own toll in due course of time. The damage produced would be irreversible and catastrophic in nature. In short, we are facing the worst form of terrorism popularly known as "Cyber Terrorism". The expression "cyber terrorism" includes1 an intentional negative and harmful use of information technology for producing destructive and harmful effects to the property of others, both tangible or intangible. For instance, hacking of a computer system and then deleting valuable business information of the rival competitor is 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 "cyberspace2" is such that new methods and technologies are invented regularly; hence it is not advisable to put the definition in a straightjacket formula or pigeonholes. 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. 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 such terrorist activities are carried out, recognizes no boundaries. Thus, a cyber terrorist can topple 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. |
