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On October 17, 2000, when India's Information Technology Act (IT Act) came into force with global jurisdiction as its basis, the first stroke for cyber diplomacy was built into the nation's discourse. India was already a significant software exporter and provider of IT enabled services to the North American market by that time and the government machinery had started to support the industry as and when needed.
Subsequently, with the amended IT Act effective from February 2009 and the just- announced National Cyber Security Policy (NCSP) in July this year, cyber diplomacy has been effectively addressed. The thrust for such efforts arises primarily to address the transnational nature of cyberspace and the absence of geographical constraints which raises many issues for the governance of the medium.
Almost around the same time, Russia introduced the first United Nations (UN) resolution related to cyberspace during the 53rd General Assembly in 1998, entitled "Developments in the field of information technology and telecommunications in the context of international security". This was adopted by consensus and called upon the UN Member States to promote the consideration of existing and potential threats in the field of information security at multilateral levels. It also mandated the UN Secretary General to report back to the 54th General Assembly. Since then UN resolutions 55/63(2000), 56/121(2002), 57/239(2002), 58/199(2004) and 64/211(2009) have been passed and the scope significantly enhanced to cover all the emerging issues related to cyberspace. As per the last two resolutions mentioned above, two Groups of Governmental Experts (GGE) were formed in 2004 and 2009 respectively, and they have submitted their reports. The recommendations of the 20- country GGE 2009, submitted in 2010, highlighted the need for further dialogue and continued exchanges for confidence building and stability in the global community. The report of the 3rd GGE which started its work last year will be presented to the 68th session of the General Assembly in September 2013. India has been an active participant in both the 2nd and 3rd GGE which in turn is significantly moving towards some agreement on dealing with issues of cyberspace.
Indian cyber diplomacy so far has been seeking a regime to look at all issues that impact the growth, stability and security of cyberspace and the internet medium. In the two phases of the World Summit on the Information Society - in 2003 in Geneva and then in 2005 in Tunis - issues related to cyberspace were deliberated among policy makers, the industry and civil society on a wide scale for the first time. Indian participation was at the highest level, being led by the Minister for Information Technology and actively supported by the Ministry of External Affairs. India supported the efforts for greater incorporation of ICT tools for development. India is also working towards a global
ecosystem that would look at issues of infrastructure for the management of the internet resources and also issues of usage of the medium. India was actively involved in the 2009 GGE and over a period of time has vouched for global cooperation. The Indian Government's position of considering the safety of cyberspace as a global public good and addressing the problem together was made very clear during the London Conference on Cyber Space in November 2011. At the same meet, India had also reiterated its support for a discussion on whether laws covering international armed conflict - such as the Geneva Conventions - can also cover cyber attacks. Likewise in February 2011 at the 47th Munich Security Conference, the National Security Adviser of India reiterated the need to look at all the international conventions in the context of issues facing cyberspace.
However, at the 66th session of the UN General Assembly in October 2011, India for the first time made its position clear about the need for a multilateral body to manage cyberspace. It reiterated the urgency to institute a multilateral, democratic, participative and transparent global policy making mechanism - to enable coherent and integrated global policy making on all aspects of global internet governance. India also proposed the establishment of a new body to be called the United Nations Committee for Internet-Related Policies (CIRP) comprising 50 member states which would be funded by the UN, staffed from the UN's Conference on Trade and Development (UNCTAD) and report directly to the UN General Assembly. CIRP would be mandated to undertake the following tasks:
i. Develop and establish international public policies with a view to ensuring coordination and coherence in cross-cutting internet-related global issues;
ii. Coordinate and oversee the bodies responsible for technical and operational functioning of the internet, including global standards setting;
iii. Facilitate negotiation of treaties, conventions and agreements on internet-related public policies;
iv. Address developmental issues related to the internet;
v. Promote the promotion and protection of all human rights, namely: civil, political, social, economic and cultural rights, including the Right to Development;
vi. Undertake arbitration and dispute resolution, where necessary; and,
vii. Crisis management in relation to the internet.
India reiterated this position for the creation of CIRP at the United Nations Commission on Science and Technology for Development meet held in Geneva in May 2012. This Indian position at the UN General Assembly was consistent with the India- Brazil-South Africa (IBSA) Multistakeholder meeting on Global Internet Governance held in September 2011 in Brazil which recommended the setting up of a body under the UN. It would be tasked with the developing and establishing international public policy related to the internet and with addressing issues related to the development of the internet. It would also undertake arbitration and dispute resolution and be responsible for crisis management. India had thus garnered support for the effort from two other nations having significant economic activity across geographies.
The Indian position has generated a lot of debate within the country and also in the international community, where it is seen as a ploy to challenge the current mechanism, where the internet is managed by the US-based non-profit Internet Corporation for Assigned Names and Numbers (ICANN). ICANN has been managing the critical resources of the internet efficiently with a governing council of government representatives. Some Western critics have gone to the extent of likening the Indian cyber position to that of countries like China, which interfere with internet freedom. Also there are concerns that such a position actually doesn't comprehensively address the growth and stability of the internet and rather bureaucratizes the control of internet.
In October 2012, at the Budapest Conference on Cyberspace, India expressed its desire for a nuanced position on issues of cyber security and more enhanced cooperation than in the past. This would entail formal government-level bilateral and multilateral engagements and also informal, civil society and peer group interventions. Such a position is likely to be reiterated at the Seoul Conference on Cyberspace in November this year.
Likewise, the private sector participation in this area has been helpful. The report of the Joint Working Group on Cyber Security, set up in July 2012, has reiterated the need for private sector participation in not only protecting critical infrastructures but also in policy formulation for global cyber advocacy for India.
However, the crowning glory so far for Indian cyber diplomacy has been the active bilateral engagement with many countries on cyber security dialogues and cooperation. Notable engagements include those with the US, UK, France, Australia, Japan and South Korea among others. Many of these efforts have actually resulted in law enforcement agencies being trained in those countries and investigative capabilities and forensics skills being enhanced. Further the cooperation among the Computer Emergency Response Teams (CERTs) of various countries has resulted in timely interventions while dealing with major cyber attacks.
While a beginning has been made, the allocation of further resources to this area will be crucial for a leading role for India in the global cyber diplomacy. The Ministry of External Affairs, backed by the Department of Electronics and Information Technology, will have to further streamline the efforts to address India's cyber concerns and also factor in India's impending interests in the global ICT trade. Needless to say the NCSP will give the right impetus to take things forward with the active cooperation of all the stakeholders.
By Special Arrangement with : Observer Research Foundation (www.orfonline.org)