#FactCheck - AI Generated image of Virat Kohli falsely claims to be sand art of a child

Introduction

Cybersecurity threats have been globally prevalent for quite some time now. All nations, organisations and individuals stand at risk from new and emerging potential cybersecurity threats, putting finances, privacy, data, identities and sometimes human lives at stake. The latest Data Breach Report by IBM revealed that nearly a staggering 83% of organisations experienced more than one data breach instance during 2022. As per the 2022 Data Breach Investigations Report by Verizon, the total number of global ransomware attacks surged by 13%, indicating a concerning rise equal to the last five years combined. The statistics clearly showcase how the future is filled with potential threats as we advance further into the digital age.  

Who is Okta?  

Okta is a secure identity cloud that links all your apps, logins and devices into a unified digital fabric. Okta has been in existence since 2009 and is based out of San Francisco, USA and has been one of the leading service providers in the States. The advent of the company led to early success based on the high-quality services and products introduced by them in the market. Although Okta is not as well-known as the big techs, it plays a vital role in big organisations' cybersecurity systems. More than 18,000 users of the identity management company's products rely on it to give them a single login for the several platforms that a particular business uses. For instance, Zoom leverages Okta to provide "seamless" access to its Google Workspace, ServiceNow, VMware, and Workday systems with only one login, thus showing how Okta is fundamental in providing services to ease the human effort on various platforms. In the digital age, such organisations are instrumental in leading the pathway to innovation and entrepreneurship. 

The Okta Breach

The last Friday, 20 October, Okta reported a hack of its support system, leading to chaos and havoc within the organisation. The result of the hack can be seen in the market in the form of the massive losses incurred by Okta in the stock exchange. 

Since the attack, the company's market value has dropped by more than $2 billion. The well-known incident is the most recent in a long line of events connected to Okta or its products, which also includes a wave of casino invasions that caused days-long disruptions to hotel rooms in Las Vegas, casino giants Caesars and MGM were both affected by hacks as reported earlier this year. Both of those attacks, targeting MGM and Caesars’ Okta installations, used a sophisticated social engineering attack that went through IT help desks.

What can be done to prevent this? 

Cybersecurity attacks on organisations have become a very common occurrence ever since the pandemic and are rampant all across the globe. Major big techs have been successful in setting up SoPs, safeguards and precautionary measures to protect their companies and their digital assets and interests. However, the Medium, Mico and small business owners are the most vulnerable to such unknown high-intensity attacks. The governments of various nations have established Computer Emergency Response Teams to monitor and investigate such massive-scale cyberattacks both on organisations and individuals. The issue of cybersecurity can be better addressed by inculcating the following aspects into our daily digital routines: 

• Team Upskilling: Organisations need to be critical in creating upskilling avenues for employees pertaining to cybersecurity and threats. These campaigns should be run periodically, focusing on both the individual and organisational impact of any threat.  
• Reporting Mechanism for Employees and Customers: Business owners and organisations need to deploy robust, sustainable and efficient reporting mechanisms for both employees well as customers. The mechanism will be fundamental in pinpointing the potential grey areas and threats in the cyber security mechanism as well. A dedicated reporting mechanism is now a mandate by a lot of governments around the world as it showcases transparency and natural justice in terms of legal remedies.  
• Preventive, Precautionary and Recovery Policies: Organisations need to create and deploy respective preventive, precautionary and recovery policies in regard to different forms of cyber attacks and threats. This will be helpful in a better understanding of threats and faster response in cases of emergencies and attacks. These policies should be updated regularly, keeping in mind the emerging technologies. Efficient deployment of the policies can be done by conducting mock drills and threat assessment activities.  
• Global Dialogue Forums: It is pertinent for organisations and the industry to create a community of cyber security enthusiasts from different and diverse backgrounds to address the growing issues of cyberspace; this can be done by conducting and creating global dialogue forums, which will act as the beacon of sharing best practices, advisories, threat assessment reports, potential threats and attacks thus establishing better inter-agency and inter-organisation communication and coordination.  
• Data Anonymisation and Encryption: Organisations should have data management/processing policies in place for transparency and should always store data in an encrypted and anonymous manner, thus creating a blanket of safety in case of any data breach.
• Critical infrastructure: The industry leaders should push the limits of innovation by setting up state-of-the-art critical cyber infrastructure to create employment, innovation, and entrepreneurship spirit among the youth, thus creating a whole new generation of cyber-ready professionals and dedicated netizens. Critical infrastructures are essential in creating a safe, secure, resilient and secured digital ecosystem. 
• Cysec Audits & Sandboxing: All organisations should establish periodic routines of Cybersecurity audits, both by internal and external entities, to find any issue/grey area in the security systems. This will create a more robust and adaptive cybersecurity mechanism for the organisation and its employees. All tech developing and testing companies need to conduct proper sandboxing exercises for all or any new tech/software creation to identify its shortcomings and flaws. 

‍Conclusion 

In view of the rising cybersecurity attacks on organisations, especially small and medium companies, a lot has been done, and a lot more needs to be done to establish an aspect of safety and security for companies, employees and customers. The impact of the Okta breach very clearly show how cyber attacks can cause massive repercussion for any organisation in the form of monetary loss, loss of business, damage to reputation and a lot of other factors. One should take such instances as examples and learnings for ourselves and prepare our organisation to combat similar types of threats, ultimately working towards preventing these types of threats and eradicating the influence of bad actors from our digital ecosystem altogether. 

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References: 

• https://hbr.org/2023/05/the-devastating-business-impacts-of-a-cyber-breach#:~:text=In%202022%2C%20the%20global%20average,legal%20fees%2C%20and%20audit%20fees.
• https://www.okta.com/intro-to-okta/#:~:text=Okta%20is%20a%20secure%20identity,use%20to%20work%2C%20instantly%20available.
• https://www.cyberpeace.org/resources/blogs/mgm-resorts-shuts-down-it-systems-after-cyberattack

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Data localisation refers to restrictions in the data flow by limiting the physical storage and processing of data within a given jurisdiction’s boundaries.  

An obvious benefit contributing to the importance of data localisation is the privacy benefits it offers. In addition to this, data localisation also has the potential to safeguard sensitive data and decrease the probability of cyber-attacks. In India, data localisation has become a key issue in the last decade due to the increase in the discourse for data privacy. 

The Legal Framework in India

India passed the Digital Personal Data Protection Act of 2023 which directs the data fiduciaries (collectors and processors of digital personal data) to store the data of Indian citizens within India. This push for data localisation aligns with India’s position to enhance privacy, national security and regulatory control. It further requires data fiduciaries to adhere to the principles of data minimisation, purposeful limitation and consent of the data principles. Further, Section 17 of the Act prohibits the transfer of sensitive personal data to foreign jurisdictions unless they meet satisfactory privacy protection standards. 

The Reserve Bank of India, via a circular for Payments Data Regulation in 2018, has mandated that all payment data be stored in India, though it can be processed abroad. It requires the telecom sector to ensure local storage and local processing of subscriber information. It further prohibits the transferring of subscribers’ account information overseas.

MeitY’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, emphasise data localisation, specifically when it involves government or critical data. The main idea behind this is that data related to Indian citizens or government activities should remain accessible to Indian law enforcement agencies and is not subject to external jurisdiction.

Common Misinformation about Data Localisation and its Impact

Misconceptions fuel misinformation and influence public perception and policy debates. A common misconception is that all data must be stored in India. It should be noted that non-critical and non-sensitive data are not subject to localisation, and can be cleared for cross-border transfers under specific circumstances.

Another misconception is that data localisation alone ensures complete security. A robust cybersecurity approach, infrastructure and capabilities are what guarantee security and this holds true regardless of the location of where the data is stored. 

The notion that small businesses and startups will suffer the most is untrue. While data localisation policies may lead to increased costs, they foster innovation in the domestic infrastructure and services. This potentially fuels development and innovation in these small businesses and startups. Claims that data localisation will stifle global business are unfounded. 

Proper regulations for data transfers can help balance data flows, enabling international trade while ensuring data sovereignty.

Real Impact of Data Localisation

Data localisation impacts several domains and has both positive and negative outcomes.

• It can be a driver for investment in local data centres and infrastructure, thereby inducing employment generation and boosting the domestic economy. And in contrast, the compliance costs may rise especially for MNCs that need to maintain multiple data storage systems. 
• It can expedite the growth of local technology ecosystems while encouraging innovation in cloud computing and data storage solutions. On the other hand, small businesses might face struggles to afford the required infrastructure updates and upgrades.
• Law enforcement agencies will be able to gain access to data more swiftly while avoiding lengthy processes such as the Mutual Legal Assistance Treaties (MLATs). However, it should be noted that storing data locally does not automatically ensure that they are immune from attacks and breaches.
• A balance between sovereignty and global partnerships is a challenge that emerges with data localisation. International Trade Relationships are vulnerable to data localisations where countries favour a free data flow. This can hamper foreign collaborations with companies that rely on global data systems.

CyberPeace Outlook

It is important to clear misinformation about data localisation, some strategies that can be undertaken are:

• Launching public awareness campaigns to educate the stakeholders about the real requirements and the benefits of data localisation. Misinformation about data restrictions and security guarantees should be tackled fairly quickly. 
• A balanced approach that promotes local economic development while at the same time allowing for the necessary cross-border data flows and creating a flexible and friendly business environment is important.
• India should work on international frameworks to streamline the process of data-sharing with other nations. This would protect national interests while making global cooperation easier.

Conclusion

Data localisation in India presents a valuable opportunity to enhance privacy, bolster national security, and stimulate economic growth through local infrastructure investment. Yet, addressing common misconceptions is crucial; the belief that all data must be stored domestically or that localisation alone ensures security is misleading. 

It’s vital to pair local data storage with robust cybersecurity measures and foster international cooperation. Supporting small businesses, which may face challenges due to localisation requirements, is equally important. By addressing misinformation, promoting flexible regulations, and working towards global data-sharing frameworks, India can effectively manage the complexities of data localisation, safeguarding national interests while encouraging innovation and economic development. 

References

• https://www.thehindu.com/sci-tech/technology/are-data-localisation-requirements-necessary-and-proportionate/article66131957.ece 
• https://carnegieendowment.org/research/2021/04/how-would-data-localization-benefit-india?lang=en
• https://www.rbi.org.in/commonperson/English/Scripts/FAQs.aspx?Id=2995
• https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf 

Introduction

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In today’s digital era, warfare is being redefined. Defence Minister Rajnath Singh recently stated that “we are in the age of Grey Zone and hybrid warfare where cyber-attacks, disinformation campaigns and economic warfare have become tools to achieve politico-military aims without a single shot being fired.” The crippling cyberattacks on Estonia in 2007, Russia’s interference in the 2016 US elections, and the ransomware strike on the Colonial Pipeline in the United States in 2021 all demonstrate how states are now using cyberspace to achieve strategic goals while carefully circumventing the threshold of open war.

Legal Complexities: Attribution, Response, and Accountability

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Grey zone warfare challenges the traditional notions of security and international conventions on peace due to inherent challenges such as :

• Attribution
  The first challenge in cyber warfare is determining who is responsible. Threat actors hide behind rented botnets, fake IP addresses, and servers scattered across the globe. Investigators can follow digital trails, but those trails often point to machines, not people. That makes attribution more of an educated guess than a certainty. A wrong guess could lead to misattribution of blame, which could beget a diplomatic crisis, or worse, a military one.
• Proportional Response
  Even if attribution is clear, designing a response can be a challenge. International law does give room for countermeasures if they are both ‘necessary’ and ‘proportionate’. But defining these qualifiers can be a long-drawn, contested process. Effectively, governments employ softer measures such as protests or sanctions, tighten their cyber defences or, in extreme cases, strike back digitally.
• Accountability
  States can be held responsible for waging cyber attacks under the UN’s Draft Articles on State Responsibility. But these are non-binding and enforcement depends on collective pressure, which can be slow and inconsistent. In cyberspace, accountability often ends up being more symbolic than real, leaving plenty of room for repeat offences.

International and Indian Legal Frameworks

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Cyber law is a step behind cyber warfare since existing international frameworks are often inadequate. For example, the Tallinn Manual 2.0, the closest thing we have to a rulebook for cyber conflict, is just a set of guidelines. It says that if a cyber operation can be tied to a state, even through hired hackers or proxies, then that state can be held responsible. But attribution is a major challenge. Similarly, the United Nations has tried to build order through its Group of Governmental Experts (GGE) that promotes norms like “don’t attack. However, these norms are not binding, effectively leaving practice to diplomacy and trust.

India is susceptible to routine attacks from hostile actors, but does not yet have a dedicated cyber warfare law.  While Section 66F of the IT ACT, 2000, talks about cyber terrorism, and Section 75 lets Indian courts examine crimes committed abroad if they impact India,  grey-zone tactics like fake news campaigns, election meddling, and influence operations fall into a legal vacuum.

Way Forward

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• Strengthen International Cooperation
  Frameworks like the Tallinn Manual 2.0 can form the basis for future treaties. Bilateral and multilateral agreements between countries are essential to ensure accountability and cooperation in tackling grey zone activities.
• Develop Grey Zone Legislation
  India currently relies on the IT Act, 2000, but this law needs expansion to specifically cover grey zone tactics such as election interference, propaganda, and large-scale disinformation campaigns.
• Establish Active Monitoring Systems
  India must create robust early detection systems to identify grey zone operations in cyberspace. Agencies can coordinate with social media platforms like Instagram, Facebook, X (Twitter), and YouTube, which are often exploited for propaganda and disinformation, to improve monitoring frameworks.
• Dedicated Theatre Commands for Cyber Operations
  Along with the existing Defence Cyber Agency, India should consider specialised theatre commands for grey zone and cyber warfare. This would optimise resources, enhance coordination, and ensure unified command in dealing with hybrid threats.

Conclusion

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Grey zone warfare in cyberspace is no longer an optional tactic used by threat actors but a routine activity. India lacks the early detection systems, robust infrastructure, and strong cyber laws to counter grey-zone warfare. To counter this, India needs sharper attribution tools for early detection and must actively push for stronger international rules in this global landscape. More importantly, instead of merely blaming without clear plans, India should focus on preparing for solid retaliation strategies. By doing so, India can also learn to use cyberspace strategically to achieve politico-military aims without firing a single shot.

References

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• Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (Michael N. Schmitt)
• UN Document on International Law in Cyberspace (UN Digital Library)
• NATO Cyber Defence Policy
• Texas Law Review: State Responsibility and Attribution of Cyber Intrusions
• Deccan Herald: Defence Minister on Grey Zone Warfare
• VisionIAS: Grey Zone Warfare
• Sachin Tiwari, The Reality of Cyber Operations in the Grey Zone

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