CYBER TERRORISM  

Vaibhav Arora *  

The word terrorism originated from the Latin word “terrere” meaning thereby to brighten and it grew through the French word “terrorisme” which was associated with the Reign of terror of the revolutionary government of France from 1793 to 1794. In English the word was first recorded to the dictionaries in 1798 conveying “the system use of terror as a policy”.

The word “cyberterrorism” refers to two different elements viz cyberspace and secondly terrorism. A working definition of the term can be given as the premeditated, politically motivated attack against information, computer systems, computer programmes, and data which results in violence against non-combat targets by sub-national groups or clandestine agents. This definition of cyberterrorism is very narrow and it is very important to differentiate it from other kinds of computer abuses such as cyber crimes, economic espionage, or information warfare.

If it was only a marginal phenomenon, the forty-three Members of the Council of Europe and Observers like the United States, Canada, Israel, Japan and India would not have drafted the first International Treaty regulating Cyber-crime which entered on June 22nd, 2001 the final stage of its adoption's process and which could be opened for signature as early as November 2001.

The Council of Europe's Convention on Cybercrime was opened for signature on November 23 rd , 2001. The Convention is the first international treaty designed to address several categories of crimes committed via the Internet and other computer networks. Negotiations on the Convention began in 1997, following a determination by the Council that the transnational character of cybercrime could only be tackled at the global level. Since then, the increase in hacking incidents, the spread of destructive computer viruses, and the minimal prosecution of such crimes in many states, have spurred on the Council's efforts. The September 11, 2001 terrorist attacks provided further momentum by raising the spectre of cyber attacks on critical infrastructural facilities, financial institutions, or government systems, and by highlighting the way terrorists use computers and the Internet to communicate, raise money, recruit, and spread propaganda.

Thus, there are many instances of laws which already discuss damage done by or to a third party from the intentional or unintentional misuse of a piece of corporate or personal property. The application of these laws or the definition of ‘misuse' with respect to computers seems unclear. However, there is a need for clear laws and standards which require operators of large networks of Internet-connected computers to exercise appropriate due diligence in their upkeep and security.

Terrorism is a menace to the government and people in general which can be carried out by numerous ways e.g. E-mail,
e-bombing, physical bombing etc. Communication is the sole weapon for terrorist. Therefore, in the era of new multimedia technology and communication convergence they are using internet facilities, computers and other information processing devices to achieve their ends. Sometimes terrorists use new technology to commit these terrorist attacks and sometimes they make them their target.

Cyberspace has no specific and defined jurisdiction. In the globalised and liberalised contemporary social phenom-enon terrorists can visit all over the world even without Visa or Passport through communication convergence technology. They can meet together, communicate and form ground worldwide even sitting in different countries. Cyber terrorism is not only national problem but also global problem. There is need to curb it with global initiatives.

So far as India is concerned in order to combat cyber terrorism through law, the Information Technology (Amendment) Act, 2008 has been enacted to include the same within the meaning of offences and therefore, is made punishable. Though, cyber terrorism has not been defined, but sec. 66(f) of the Information Technology (Amendment) Act, 2008 prescribes as to when cyber terrorism is said to have been committed. Sec. 66(f) of the said a ct reads as to the following effect-

“whoever:-

(A) With the intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by—

(i) By denying or cause the denial of access to any person authorised to access computer resource; or

(ii) Attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or

(iii) Introducing or causing to introduce any computer contaminant;

And by means of such conduct causes or is likely to cause death or injuries to persons or to damage to or destruction of property or disrupts or knowing that it is like to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, or

(B) Knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons for the security of the state or foreign relations, or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign s tates, public order, decency or morality, or in relation to c ontempt of c ourt, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, Commits the offence of cyber terrorism.

(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.”

One of the modes of “Cyber Terrorism” is the attack on the National security of a country. National security depends on confidentiality, secret informa-tion, etc. and when terrorists attack them, they destroy, delete or modify those information or purport to do the same and all these are treated as terrorist attacks or we may also call it Cyber Terrorism. In this case there has not been any bomb blasts or killing of people but the nations confidential and secret information is tampered.

On 11 th September, 2001 attack on the World Trade Centre (WTC) was nothing but cyber terrorism. Terrorists unautho-rised access over the network of one airline and hijacked two airlines and resulted in the crashing of those into WTC twin towers and Pentagon. Before 11 th September, 2001 attack, to prevent and control cyber crimes the law in the USA was the computer Fraud and Abuse Act, 1986 which was amended in 1994 and 1996.

Section 814 of The USA Patriot Act is titled “Deterrence And Prevention Of Cyberterrorism”. This section amends section 1030(a)(5) of title 18, United States Code. The amended section punishes any person who causes unauthorised damage to a protected computer by either:

(i) knowingly causing the transmission of a program, information, code, or Command, or

(ii) intentionally and unautho-risedly accessing a protected computer

This section applies only in cases where the conduct of the accused caused—

(i) loss to one or more persons during any 1-year period aggregating at least $5,000 in value, or

(ii) the actual or potential modification or impairment of the medical examination,diagnosis, treatment, or care of one or more individuals, or

(iii) physical injury to any person, or

(iv) a threat to public health or safety, or

(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security.

In the United Kingdom as per The Terrorism Act, 2000, the term “terrorism” includes the use or threat of action that is-

i. designed seriously to interfere with or seriously to disrupt an electronic system

ii. designed to influence the government or to intimidate the public or a section of the public, and

iii. made for the purpose of advancing a political, religious or ideological cause.

During the last twenty years, smart computer users using their machine to commit crimes have fascinated the world and generated a strange feeling composed of admiration and fear. The entertainment industry understood these emotions quickly and has therefore continuously released new books, movies and shows representing cyber-criminals in action and threatening the world behind their computer. One of the super hit movies “Die Hard 4.0” has clearly depicted what cyber terrorism is. In that movie a group of hackers hacked into the national security of the country and blocked all the communication modes and the country was put to a halt. This was a clear example of cyber terrorism.

Thus we have analysed hereinafter a wee bit of scourge of cyber terrorism and the relevant law to tackle with. In the era of ever developing technology, it is difficult, if not impossible to enact law to deal with numerous problems arising out of the technological complexities. This is exactly in the case of cyber terrorism. However, p arliament enacted the Information Technology (Amendment) Act, 2008 to deal with the problem, but the need of the hour is as to how this law is implemented and used to tackle this menace. Therefore, it is not the enactment of a law but the desire, will and sincere efforts to accept and enforce the same in its true letter and spirit, which can confer the most strongest, secure and safest protection for this purpose.

* Amity Law School , Delhi