Human
Right Protection in Cyberspace has become a tedious task in the
present E-Surveillance oriented environment around the Globe. Issues
like E-Surveillance
in India, Cell
Site Location Based E-Surveillance In India, Surveillance
Of Internet Traffic In India, Central
Monitoring System (CMS) for Telephone Tapping in India, etc are
well known.
It is of utmost importance that a Balance
between Civil Liberties and National Security Requirements Must be
Maintained. Affirming this requirement a District Court of United
States has recently declared the FBI
National Security Letters (NSLs) With Gag Orders to be
Unconstitutional.
In the meantime, some Researchers have found a
Malware named FinFisher that is notorious for violating Civil Liberty
Stakeholders’ Privacy and Confidentiality. Interestingly, the
Malware has spread around the Globe to many Civil Liberty Oppressing
Countries.
Although the hand and involvement of Nations in the
spreading of this Malware cannot be predicted and confirmed at this
stage yet it can also not be ruled out. This is so because the
Malware of the nature of Spyware is targeting dissidents living under
oppressive regimes.
A Canadian research center has confirmed that it had
identified 25 different Countries that host servers linked to
FinFisher, a Trojan Hrse program which can dodge Anti-Virus
protections to steal data, log keystrokes, eavesdrop on Skype calls,
and turn microphones and web cams into live Surveillance devices.
Some have even claimed that the Company making the
Spyware has sold the Malware to repressive regimes and this is a
potential breach of UK export laws. Besides export norm violations,
this episode can also raise a variety of Legal Issues as well,
especially those pertaining to Cyber Laws Violations across the
Globe, including India.
Unfortunately we have no Harmonised International
Legal Frameworks in this regard. For instance an International
Cyber Law Treaty Is Required on an urgent basis. Similarly,
International
Cyber Security Treaty Is Required on priority basis. The United
Nations must protect Human Rights in Cyberspace so that Civil
Liberties can be suitably protected. Otherwise Self
Defense in Cyberspace to Protect Civil Liberties would be the
only option left.
