Cybersecurity in the paradigm of counterintelligence with emphasis on MLATS

Abstract

A comprehensive Policy Paper on Cyber Security in The Paradigm of Counterintelligence with Emphasis on MLATs would require a systematic effort, coalescing expertise across the areas of Cyber Security and Data Privacy, Counter-terrorism and Counterintelligence, Cyber diplomacy and Internet Governance, Foreign Policy and National Security, Public Policy. Concurrently knowledge of our Legal Regime and other Nations regimes (at least of cyber mature nations) concerning more importantly the general criminal laws, general cyber-crime legislation and non-internet specific counter-terrorism legislations; legislations of other countries specifically targeting acts carried out by terrorists over the internet and also Policies of the Internet companies and their regulation. That this task is arduous….is an understatement!!! Nevertheless, an attempt has been made to understand “What is, what should be, and What can be” in this milieu of ‘boundaryless’ cyberspace, spread across multiple jurisdictions, multiplicity of legal regimes, principals and standards, complicated LEA cooperation norms and limited International Cooperation, to understand “How can Law Enforcement Agencies tackle terrorist’s activities online”?. Complexities @ location, retention, seizure and production of related data necessitates international cooperation for prevention, investigation and prosecution of terrorist acts. Terrorism is a global threat and requires a global response! ‘Borderless cyberspaces’ have been made vulnerable by Cyber codependency and absence of a ‘formal governance regime’. Cloud computing and exponential growth of cyberspaces necessitates it to be secured and regulated through ratification of new agreements for cooperation amongst States. The instruments of cooperation include Universal Instruments against terrorism, bilateral/multilateral treaties or arrangements, regional organizations and cooperation agreements.