India’s Digital Strike: Preventing a Cyber warfare?

[The author, Srijan Sarkar is a 4th-year law student at NUJS, Kolkata]

A press release was issued by the Ministry of Electronics and Information Technology, directing a ban on 59 mobile applications. This web censorship has not only affected owners of such smartphone applications but also common people in receiving and communicating information. This ban was imposed under Section 69A of the IT Act read with Information Technology (Procedure and Safeguard for Blocking of Access of Information by Public) Rules, 2009 in consultation with the Ministry of Electronics and Information Technology, Home Ministry and Cyber Crime Coordination Center. This section can be invoked “Where the Central Government is satisfied that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, defence of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any offence.”[1]

The PIB Government press release dated 29th June highlights that “The Ministry of Information Technology has received many complaints from various sources including several reports about the misuse of some mobile apps available on Android and iOS platforms for stealing and surreptitiously transmitting users’ data in an unauthorized manner to servers which have locations outside India. The compilation of these data, its mining and profiling by elements hostile to national security and defence of India, which ultimately impinges upon the sovereignty and integrity of India, is a matter of very deep and immediate concern which requires emergency measures”[2]

Popular apps such as Tiktok, Helo, Xender, ShareIT, UC Browser, in a total of 59 apps were banned to mitigate the serious threat to the country’s security and sovereignty. The Intelligence agencies have cited that such Chinese apps acted as malware or spyware and there were serious violations of user privacy and security. The Centre had information to prove that the activities on such apps are prejudicial to sovereignty, defence and public order.

Several of these apps were facing a backlash from users since some videos promoted child abuse, objectification of women, pornography, racism domestic violence etc. A host of Chinese apps been delisted and will not be legal to use in this country. Tiktok has 11 crore follower base in India, and it was one of the biggest overseas markets. It will be a major economic hit back at Chinese app companies. Most such apps had crores of user base and hence the focus is now on replacing such apps with Indian counterparts. This can be an unprecedented move by the Indian government to promote ‘Atmanirbhar’. India is one of the world’s largest internet market with 504 million active internet users and hence, this ban will also affect several Indians who directly or indirectly earned revenues from such apps.

Implementing the Ban

The Government will direct digital distribution operators like Apple and Google to take down the download option from the online stores and secondly, order Internet service providers to deny access of existing users. This move is a response to a long term threat which Chinese software and platform pose on India’s digital economy. Previously, China has reportedly manipulated Canadian and US politics through propaganda and disinformation. Other countries have already made the restriction on the use of Chinese’s telecommunication infrastructure and this move by India will strengthen the motive. More initiatives like Global Partnership on Artificial Intelligence (GPAI) must be implemented to contain China. This move will promote Indian startup ecosystem cater to 300 million unique Indian users of Chinse apps.

Indo-China tensions have increased after the brawl between soldiers of both sides on June 15 along the Line of Actual Control, Galwan Valley which lead to 20 Indian army men being killed. However, the order does not mention that such was done in response to China’s aggression or any specific reasons. Rule 16 of the IT rules 2009 also mandates strict confidentiality of request, complaints received and actions are taken hence, the governmental order and exact reasoning is not available to the public at large.

In today’s age, armed conflict is not only limited to the use of armed forces and warfare but also the use of cyber warfare. Similar instances of cyber warfare are:

2013 South Korea Cyber Attack

An unknown computer virus triggered the shutdown, spread through automatic software updates on servers. This attack came amid rising tensions between South and North Korea. Two major banks and three South Korean television broadcasters were hit by a cyberattack that temporarily shut the computer networks.

2015 Russia Cyber Attack on Ukraine

Three energy distribution companies were hacked which disrupted electric power grid for up to six hours. This cyber-attack destroyed critical IT infrastructure components and was during ongoing political and military clashes with Russia.

Conclusion

This ‘ban’ was imposed without a pre-decisional hearing, without giving aggrieved parties an opportunity to defend or a show cause. Hence, this press release does not substitute a legal order and even the actual complaint is unknown, which constituted a ‘necessary and expedient’ action to ban such china linked apps.

Unfortunately, we cannot stop industrial consignments from China entirely, due to the WTO guidelines and moreover, India is depended on China on some sectors like basic chemicals, pharma, auto parts, durables etc but some Indian players have already minimized such import dependence and this ban will surely boost work towards self-reliance and ‘Make in India’ initiatives.

[1] Section 69A: Power to issue directions for blocking for public access of any information through any computer resource

[2] Government Bans 59 apps which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order, Available at https://pib.gov.in/PressReleseDetailm.aspx?PRID=1635206