Maintaining national security is a tough task. In the present technology driven world, national security has to cover technology related aspects as well. For instance, every nation has to manage the issues of cyber attacks, cyber terrorism, cyber warfare, cyber espionage, etc. Cross border cyber attacks raise crucial and complex questions of conflict of laws in cyberspace. Similarly, national security laws must also ensure civil liberties protection in cyberspace.
China is planning to formulate a comprehensive national security law amid rapidly changing circumstances in online and off line worlds. However, like other countries, China has also stressed too much upon regulation and intelligence dependence than balancing the national security and civil liberties requirements. China has also decided to launch its own operating system to remove dependence upon foreign operating systems.
The proposed law seeks to punish companies and individuals engaged in spying and espionage activities. It also includes provisions pertaining to sealing, seizure and confiscation of device, money, venue, supplies and other properties that are related to espionage activities. Illegal income attributable to such activities can also be confiscated.
On the other hand, the national security policy of India is grossly deficient on numerous counts. The biggest lacuna is that it lacks a techno legal orientation and implementation. There are certain essential components of national security policy of India that are still missing. Even the national cyber security policy of India is defective and is still not implemented.
India has been planning to undergo technological upgrade of border broadcast infrastructure due to Chinese broadcasts. The Telecom Commission Cellular Loop’s Proposal would also strengthen mobile based surveillance on national security grounds in India. However, absence of a techno legal national security law of India is the biggest hurdle.