wordpress blog stats
Connect with us

Hi, what are you looking for?

What are India’s focus areas in its proposals at the UN Cybercrime Convention? #NAMA

In its submission to the second session of the Ad-Hoc Committee in August 2022, India proposed “data-oriented jurisdiction” which mainly emphasised “data ownership”

Indian law enforcement agencies are looking for the widest range of international cooperation to tackle challenges that come with a lack of “capacity building” and “technical assistance” when dealing with different types of cybercrimes, according to Sukanya Thapliyal from Centre for Communications Governance, which participated in the discussions lead by the Ad-Hoc Committee at the UN Cybercrime Convention. Thapliyal was speaking as one of the panelists at MediaNama’s MarketsNama conference on May 19, 2023.

For the fourth session of the conference ‘Privacy, Cybercrime and Cybersecurity’, Thapliyal and other panelists—Venkatesh Krishnamoorthy from BSA-The Software Alliance and Atul Kumar from the Data Security Council of India—discussed the various roadblocks that law enforcement agencies face when they need to access data to investigate cybercrimes. They also talked at length about how the IT Act casts an obligation on companies or service providers to meet all kinds of requirements of law enforcement entities and how this impacts their operations as well as people’s privacy rights.

MediaNama hosted this discussion with support from Salesforce, Google and Mozilla. Internet Freedom Foundation, and our community partners, the Centre for Internet and Society and Alliance of Digital India Foundation.

On accessing data across borders: According to Krishnamoorthy, law enforcement agencies are trying to access data predominantly from across borders, and 85 percent of the crime and forensics data is digital. The panelist cited the data from a study on ‘Electronic Evidence in Criminal Matters’ by the EU Parliament, which highlights the challenges in accessing cross-border data for criminal investigations like determining the location of data and tackling the disagreement between countries over the “applicable national law” on the data sought. Adding to this, Thapliyal stated that this is one of the hurdles that the Indian government is aiming to address through its proposals at the UN Cybercrime Convention.

Advertisement. Scroll to continue reading.

FREE READ of the day by MediaNama: Click here to sign-up for our daily newsletter with the top story of the day delivered daily before 9 AM in your inbox.

In its submission to the second session of the Ad-Hoc Committee in August 2022, India proposed “data-oriented jurisdiction” which mainly emphasised “data ownership” and enabled a country to have more control over its citizens’ data irrespective of where such data is “physically stored/ processed/ screened/ federated”. India’s submission also noted the complexities that cloud-based processing of data adds to cybercrime investigations. This is because the parties involved may be located in different countries, and determining which country’s laws would be applicable becomes a challenge.

“Most of the times our legal enforcement agencies, the one who work at the very grassroot level, they don’t really have a very clear idea of how to transmit these requests and what all should form part of this. So, I think these are some of the core issues and I see India raising these concerns in numerous sessions that we have had so far on cybercrime convention,” Thapliyal added.

Tackling wide-range of cybercrimes:In addition to participating in conversations around the capacity building—that is, access to basic technology and resources to deal with cybercrimes, Thapliyal stated that India is also looking for international cooperation on different types of cybercrimes. “India probably wants to expand its authority over areas that include cyber-dependent and cyber-enabled crimes,” she adds.

Thapliyal explains that cyber-dependent crimes are the ones that cannot occur without the use of computers. For example, malware or injecting wrongful data into systems, etc. Whereas cyber-enabled crimes are those which already exist in real life, but are amplified using computers. For example, dissemination of child sexual abuse material, hate-speech, misinformation, etc. She added that there seems to be a disagreement among the countries regarding the scope of the convention and the categorisation of these crimes, but India is keen on seeking active international cooperation on cyber-enabled crimes as well.

Note: The article was edited on May 26, 2023, at 2:40 pm to update Venkatesh Krishnamoorthy’s quote about digital forensic data upon request from the speaker.

Advertisement. Scroll to continue reading.

This post is released under a CC-BY-SA 4.0 license. Please feel free to republish on your site, with attribution and a link. Adaptation and rewriting, though allowed, should be true to the original.

Also Read:

What Are The Problems That Companies Face When Law Enforcement Agencies Demand For Data? #NAMA

What Must The Digital India Act Cover To Improve Cooperation Between Law Enforcement And Service Providers? #NAMA

India Proposes “Data-Oriented Jurisdiction” At The UN To Assert Control Over Citizens’ Data Abroad

Video: MarketsNama 2023, Delhi, 19th May

Advertisement. Scroll to continue reading.

Written By

Curious about privacy, surveillance developments and the intersection of technology with education, caste and welfare rights.

Click to comment

You must be logged in to post a comment Login

Leave a Reply

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.



Is it safe to consider all "publicly available data" as public?


PhonePe launched an e-commerce buyer app for ONDC called Pincode. We, however, believe that it should also launch a seller app.


Amazon announced that it will integrate its logistics network and SmartCommerce services with the Open Network for Digital Commerce (ONDC).


India's smartphone operating system BharOS has received much buzz in the media lately, but does it really merit this attention?


After using the Mapples app as his default navigation app for a week, Sarvesh draws a comparison between Google Maps and Mapples

You May Also Like


Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...


135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...


By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...


Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Your email address:*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ