Grey Zone Warfare in Cyberspace: Legal Challenges in Attribution and Response
Introduction
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
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
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
- 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
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
- 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
Related Blogs
Executive Summary:
A misleading video has been widely shared online, falsely portraying Pandit Jawaharlal Nehru stating that he was not involved in the Indian independence struggle and he even opposed it. The video is a manipulated excerpt from Pandit Nehru’s final major interview in 1964 with American TV host Arnold Mich. The original footage available on India’s state broadcaster Prasar Bharati’s YouTube channel shows Pandit Nehru discussing about Muhammad Ali Jinnah, stating that Jinnah did not participate in the independence movement and opposed it. The viral video falsely edits Pandit Nehru’s comments to create a false narrative, which has been debunked upon reviewing the full, unedited interview.
Claims:
In the viral video, Pandit Jawaharlal Nehru states that he was not involved in the fight for Indian independence and even opposed it.
Fact check:
Upon receiving the posts, we thoroughly checked the video and then we divided the video into keyframes using the inVid tool. We reverse-searched one of the frames of the video. We found a video uploaded by Prasar Bharati Archives official YouTube channel on 14 May 2019.
The description of the video reads, “Full video recording of what was perhaps Pandit Jawaharlal Nehru's last significant interview to American TV Host Arnold Mich Jawaharlal Nehru's last TV Interview - May 1964e his death. Another book by Chandrika Prasad provides a date of 18th May 1964 when the interview was aired in New York, this is barely a few days before the death of Pandit Nehru on 27th May 1964.”
On reviewing the full video, we found that the viral clip of Pandit Nehru runs from 14:50 to 15:45. In this portion, Pandit Nehru is speaking about Muhammad Ali Jinnah, a key leader of the Muslim League.
At the timestamp 14:34, the American TV interviewer Arnold Mich says, “You and Mr. Gandhi and Mr. Jinnah, you were all involved at that point of Independence and then partition in the fight for Independence of India from the British domination.” Pandit Nehru replied, “Mr. Jinnah was not involved in the fight for independence at all. In fact, he opposed it. Muslim League was started in about 1911 I think. It was started really by the British encouraged by them so as to create factions, they did succeed to some extent. And ultimately there came the partition.”
Upon thoroughly analyzing we found that the viral video is an edited version of the real video to misrepresent the actual context of the video.
We also found the same interview uploaded on a Facebook page named Nehru Centre for Social Research on 1 December 2021.
Hence, the viral claim video is misleading and fake.
Hence, the viral video is fake and misleading and netizens must be careful while believing in such an edited video.
Conclusion:
In conclusion, the viral video claiming that Pandit Jawaharlal Nehru stated that he was not involved in the Indian independence struggle is found to be falsely edited. The original footage reveals that Pandit Nehru was referring to Muhammad Ali Jinnah's participation in the struggle, not his own. This explanation debunks the false story conveyed by the manipulated video.
- Claim: Pandit Jawaharlal Nehru stated that he was not involved in the struggle for Indian independence and even he opposed it.
- Claimed on: YouTube, LinkedIn, Facebook, X (Formerly known as Twitter)
- Fact Check: Fake & Misleading
Introduction
Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.
Intermediaries cannot claim exemption from Liability U/S 79
Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.
The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.
Bar on Judicial Use of the term ‘Child Porn’
Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.
Curbing CSEAM Content on Social Media Platforms
Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.
Conclusion
In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace.
References
- https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
- https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
- https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053
- https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/
Introduction
26th November 2024 marked a historical milestone for India as a Hyderabad-based space technology firm TakeMe2Space, announced the forthcoming launch of MOI-TD “(My Orbital Infrastructure - Technology Demonstrator)”, India's first AI lab in space. The mission will demonstrate real-time data processing in orbit, making space research more affordable and accessible according to the Company. The launch is scheduled for mid-December 2024 aboard the ISRO's PSLV C60 launch vehicle. It represents a transformative phase for innovation and exploration in India's AI and space technology integration space.
The Vision Behind the Initiative
The AI Laboratory in orbit is designed to enable autonomous decision-making, revolutionising satellite exploration and advancing cutting-edge space research. It signifies a major step toward establishing space-based data centres, paving the way for computing capabilities that will support a variety of applications.
While space-based data centres currently cost 10–15 times more than terrestrial alternatives, this initiative leverages high-intensity solar power in orbit to significantly reduce energy consumption. Training AI models in space could lower energy costs by up to 95% and cut carbon emissions by at least tenfold, even when factoring in launch emissions. It positions MOI-TD as an eco-friendly and cost-efficient solution.
Technological Innovations and Future Impact of AI in Space
This AI Laboratory, MOI-TD includes control software and hardware components, including reaction wheels, magnetometers, an advanced onboard computer, and an AI accelerator. The satellite also features flexible solar cells that could power future satellites. It will enable the processing of real-time space data, pattern recognition, and autonomous decision-making and address the latency issues, ensuring faster and more efficient data analysis, while the robust hardware designs tackle the challenges posed by radiation and extreme space environments. Advanced sensor integration will further enhance data collection, facilitating AI model training and validation.
These innovations drive key applications with transformative potential. It will allow users to access the satellite platform through OrbitLaw, a web-based console that will allow users to upload AI models to aid climate monitoring, disaster prediction, urban growth analysis and custom Earth observation use cases. TakeMe2Space has already partnered with a leading Malaysian university and an Indian school (grades 9 and 10) to showcase the satellite’s potential for democratizing space research.
Future Prospects and India’s Global Leadership in AI and Space Research
As per Stanford’s HAI Global AI Vibrancy rankings, India secured 4th place due to its R&D leadership, vibrant AI ecosystem, and public engagement for AI. This AI laboratory is a step further in advancing India’s role in the development of regulatory frameworks for ethical AI use, fostering robust public-private partnerships, and promoting international cooperation to establish global standards for AI applications.
Cost-effectiveness and technological exercise are some of India’s unique strengths and could position the country as a key player in the global AI and space research arena and draw favourable comparisons with initiatives by NASA, ESA, and private entities like SpaceX. By prioritising ethical and sustainable practices and fostering collaboration, India can lead in shaping the future of AI-driven space exploration.
Conclusion
India’s first AI laboratory in space, MOI-TD, represents a transformative milestone in integrating AI with space technology. This ambitious project promises to advance autonomous decision-making, enhance satellite exploration, and democratise space research. Additionally, factors such as data security, fostering international collaboration and ensuring sustainability should be taken into account while fostering such innovations. With this, India can establish itself as a leader in space research and AI innovation, setting new global standards while inspiring a future where technology expands humanity’s frontiers and enriches life on Earth.
References
- https://www.ptinews.com/story/national/start-up-to-launch-ai-lab-in-space-in-december/2017534
- https://economictimes.indiatimes.com/tech/startups/spacetech-startup-takeme2space-to-launch-ai-lab-in-space-in-december/articleshow/115701888.cms?from=mdr
- https://www.ibm.com/think/news/data-centers-space
- https://cio.economictimes.indiatimes.com/amp/news/next-gen-technologies/spacetech-startup-takeme2space-to-launch-ai-lab-in-space-in-december/115718230
