The recent high-profile data breaches have underscored the challenges faced by the law enforcement agencies in keeping pace with the rapidly advancing cyber threats. The question looms: are these agencies up to speed on data breaches, and are they successful in apprehending the perpetrators responsible for these cybercrimes?
According to cyber security experts, the law enforcement agencies have been investing heavily in cybercrime units and technologies to combat the rising tide of data breaches. However, the sheer scale and complexity of the digital landscape, coupled with the anonymity provided by the dark web, makes it an uphill battle for the authorities to stay ahead of the cybercriminals.
One of the primary challenges faced by law enforcement is the constantly evolving nature of cyber threats. The perpetrators adapt quickly to new security measures, employing increasingly sophisticated techniques to breach systems and extract valuable data. As a result, the investigative process becomes a game of cat and mouse, with law enforcement often playing catch-up.
While some high-profile cases have resulted in successful arrests and convictions, a significant number of data breach perpetrators remain at large. The elusive nature of these individuals, often operating from jurisdictions with limited extradition agreements, further complicates the efforts of law enforcement to bring them to justice.
A key factor contributing to the difficulty of tracking down cybercriminals is the use of advanced encryption and anonymity tools. These tools enable the perpetrators to cover their tracks effectively, leaving investigators with limited leads to pursue. The global nature of cybercrime also poses jurisdictional challenges, as different countries have varying levels of expertise, resources, and legal frameworks to combat such offences.
“Undoubtedly, law enforcement agencies currently lack the necessary expertise and resources to effectively address the escalating issue of data breaches. Their primary focus remains on conventional physical crimes such as kidnapping, rape, and murder, diverting attention away from the increasingly prevalent cyber threats. Unfortunately, this oversight disregards the potential detrimental impact of data breaches on India’s projected economic growth, necessitating a heightened level of awareness and sensitivity within law enforcement,” saysthe International Commission on Cyber Security Law Chairman Pavan Duggal.
“It is evident that the perpetrators behind these cybercrimes often go unidentified and unpunished. The evolving landscape of cyber threats involves a complex chain of actions, with individuals commissioning cybercrime agencies or actors on the darknet to carry out security breaches using sophisticated tools, including artificial intelligence. Identifying and prosecuting these elusive figures has become an immense challenge, further compounded by the reluctance of law enforcement to register cases without a clear path to successful resolution,” says Duggal.
“Addressing this growing concern requires comprehensive action from the government. Firstly, there is an urgent need for a dedicated national cybersecurity law, as the existing Information Technology Act of 2000 and associated regulations are insufficient. The recently introduced IT Directions 2022, mandating the reporting of cybersecurity breaches, falls short of providing an effective solution and faces challenges in enforcement,” Duggal stressed.
“Moreover, the government’s development of a national cybersecurity strategy is a step in the right direction, but its timely implementation is critical. To safeguard those affected by cyber breaches, effective legal remedies must be put in place,” Duggal suggested.
“Additionally, building awareness and capacity at all levels is imperative. A national strategy should include public sensitization campaigns, training programs, and capacity-building initiatives to instil the importance of cybersecurity as an integral part of daily life for individuals,” says Duggal.
“Lastly, existing laws and legal frameworks must be rigorously enforced, requiring specialised training for law enforcement agencies on the latest tools and techniques for investigating cybersecurity breaches. Safeguarding India’s critical information infrastructure from potential exposure to these breaches should be a top priority,” says Duggal.
“In conclusion, a multifaceted approach is essential to address the growing challenges posed by data breaches. The government must act swiftly to enact dedicated legislation, implement effective strategies, and foster awareness and capacity building to protect the nation’s digital landscape and economic interests,” Duggal added.
(Shekhar Singh can be reached at shekhar.s@ians.in)
20231111160463
