Abhishek M, BA LLB, CHRIST (Deemed to be University)
ABSTRACT
The ashes of World War II ignited a never-ending arms race, innovating technology that posse’s threat to humanity. Modern combat transcends beyond the physical battlefield, embracing the five domains: land, sea, air, space and the ever-evolving cyberspace. This exponential increase in scale needs a new view of conflict, as a single strike can have global consequences. Cyberwarfare, an unknown concept in the past, has now become a major aspect of modern warfare, silently infiltrating critical infrastructure and blurring the line between military personnel and civilians as they are exposed to the digital nexus. A cyber network is a collection of two or more electronic devices, connected together with an objective of sharing resources and exchanging data. Users can access the data on such platforms through the internet. Such data carrying vital information is prone to cyber threats. In a digital era, where the world is connected through a cyber network. Threats rise to an international degree. Although there is no definite definition for Cyber Warfare, it can be defined as a grey zone warfare between states by the forefront weapon as the internet to gain an advantage over an enemy state. Cyber Warfare, unlike traditional war, is not fought using kinetic weapons and existing laws of war do not apply to such grey zone warfare. The International Convention on Cyber Crime, 2001 (Budapest Convention) is recognised as the law binding on cybercrimes although there exists a source of international law it was not effective due to its limitations. Data protection legislations in India are experiencing various challenges and resentments owing to the lack of a strong legislative framework. The research paper briefly discusses the types of Cyber Warfare, its legal position in the international community and India’s efforts to subdue cybercrimes.
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