2. About cybercrime

Cybercrime is essentially any illegal activity that involves computers, networks, or digital devices. Criminals can use these tools to steal data, commit fraud, disrupt computer systems, or cause other harm. Some common types of cybercrime include:

• Stealing someone's personal information like their name, Social Security number, or credit card details to impersonate them and commit fraud.
• Tricking people into giving up their personal information or clicking on malicious links by disguising emails or websites as legitimate ones.
• Malicious software that can be installed on a computer to steal data, damage files, or disrupt operations.
• Gaining unauthorized access to a computer system or network to steal data, install malware, or cause damage.

3. What is NCRP?

The National Cybercrime Reporting Portal is an online platform established by the government of India to facilitate the reporting of cybercrimes by citizens. The portal allows individuals to report incidents of cybercrime in a streamlined and accessible manner.

Key features and functions of the National Cybercrime Reporting Portal include

• Individuals can report various types of cybercrimes such as online harassment, financial fraud, ransomware attacks, and identity theft. The portal provides specific categories for different types of cyber incidents to ensure proper documentation and handling.
• The portal places a special emphasis on crimes related to women and children, providing a dedicated section to report cases of online harassment, child pornography, and other related offences.
• The portal allows users to report crimes anonymously if they choose, ensuring the confidentiality and privacy of the complainant.
• Once a complaint is filed, the portal provides a tracking number which can be used to follow up on the status of the complaint.
• The portal offers resources and guidelines on how to protect oneself from cybercrime, as well as information on legal recourse and support available for victims.

5. What is the Budapest Convention?

The Budapest Convention, also known as the Council of Europe Convention on Cybercrime, is the world's first international treaty specifically designed to address cybercrime. It came into effect in 2004 with three main objectives:

1. The convention aims to improve how countries investigate cybercrime by setting standards for collecting electronic evidence and fostering cooperation between law enforcement agencies.
2. It facilitates cooperation among member states in tackling cybercrime. This includes sharing information, assisting with investigations, and extraditing cybercriminals.
3. The convention encourages member countries to harmonize their national laws related to cybercrime. This creates a more unified approach to defining and prosecuting cyber offences.

India's Stand: India is not currently a party to the Budapest Convention. There are concerns that some provisions, like data sharing with foreign law enforcement agencies, might infringe on India's national sovereignty. India has also argued that it wasn't involved in drafting the initial convention.

6. What is the Global Cybersecurity Index?

The Global Cybersecurity Index (GCI) is an initiative by the International Telecommunication Union (ITU) to measure and rank the cybersecurity capabilities of countries around the world. The index provides insights into the commitment of countries to cybersecurity at a global level, assessing their strengths and identifying areas for improvement. The key aspects of the Global Cybersecurity Index

Purpose

• To promote cybersecurity awareness and foster a global culture of cybersecurity.
• To encourage countries to enhance their cybersecurity infrastructure and strategies.
• To facilitate knowledge sharing and cooperation among nations.

Assessment Criteria

 The GCI evaluates countries based on five main pillars:

1. Examines the existence of cybersecurity legislation and regulatory frameworks.
2. Assesses the implementation of cybersecurity technologies and technical institutions.
3.  Looks at national cybersecurity strategies, policies, and dedicated agencies.
4. Evaluate the availability of cybersecurity education, training, and awareness programs.
5. Measures the extent of international and national cooperation in cybersecurity efforts.

Impact

 The GCI serves several important functions:

• Provides a benchmarking tool for countries to assess their cybersecurity maturity.
• Helps policymakers identify gaps and prioritize areas for improvement.
• Encourages international cooperation and collaboration to tackle global cyber threats.

7. The challenges related to cyber security in India

India faces numerous challenges related to cybersecurity, reflecting its rapidly growing digital economy and increasing reliance on technology. 

Increasing Cyber Threats:

• India has seen a significant rise in cybercrimes, including hacking, phishing, ransomware attacks, and identity theft. Sophisticated, state-sponsored attacks targeting critical infrastructure and sensitive data are becoming more common.
• Many public and private sector systems rely on outdated technology, making them vulnerable to attacks. Inadequate implementation of robust cybersecurity measures and protocols leaves systems exposed.
• There is a significant gap in the number of trained cybersecurity experts needed to protect against and respond to cyber threats. Ongoing education and training programs are insufficient to keep pace with evolving cyber threats.
• The absence of a unified regulatory framework complicates cybersecurity management. While laws like the IT Act 2000 exist, enforcement and implementation remain inconsistent and weak.
• Many individuals and small businesses lack awareness of basic cybersecurity practices. Practices like using weak passwords, not updating software, and falling for phishing scams are common.
• The absence of robust data protection legislation makes it difficult to safeguard personal and sensitive data. Ensuring privacy and protection of personal information remains a significant challenge.
• Effective cybersecurity often requires international cooperation, which is currently limited and inconsistent. Cross-border cyber threats and geopolitical tensions complicate collaboration and response efforts.
• The rapid adoption of IoT devices, often with minimal security features, increases vulnerabilities. While AI can enhance security, it also introduces new risks and attack vectors.
• Sectors like banking, healthcare, and energy are increasingly targeted, requiring enhanced protection measures. Ensuring coordinated efforts among various governmental and private entities involved in critical infrastructure protection is challenging.
• Limited financial resources allocated for cybersecurity initiatives hinder the development and implementation of comprehensive security measures.
• Staying abreast of the latest cybersecurity technologies and tools is difficult due to financial and logistical constraints.

 

Source: The Indian Express

 

FCRA LICENCE

1. Context 

The Centre on Monday announced that any NGO involved in anti-developmental activities and forced religious conversions will face cancellation of their registration under Foreign Contribution (Regulation) Act (FCRA), 2010.

2. Key points

• This came five months after the Income Tax Department conducted "surveys" on the premises of the CPR, Oxfam India and the Independent and Public Spirited Media Foundation (IPSMF), which funds a range of digital media entities.
• The licence was suspended following prima facie inputs regarding the violation of funding norms.

3. About CPR

• CPR is recognised as a not-for-profit society by the government of India and contributions to the Centre are tax-exempt.
• CPR receives grants from the Indian Council for Social Science Research (ICSSR) and is a Department of Science and Technology (DST) recognised institution.
• CPR receives grants from a variety of domestic and international sources, including foundations, corporate philanthropy, governments and multilateral agencies.

Image Source: Telugu bharath.com

4. About FCRA

• The FCRA was enacted during the Emergency in 1976 amid apprehensions that foreign powers were interfering in India's affairs by pumping money into the country through independent organisations.
• These concerns were expressed in Parliament as early as 1969.
• The law sought to regulate foreign donations to individuals and associations so that they functioned "in a manner consistent with the values of a sovereign democratic republic".

An amended FCRA was enacted under the UPA government in 2010 to "consolidate the law" on the utilisation of foreign funds and "to Prohibit" their use for "any activities detrimental to the national interest".

• The law was amended again by the current government in 2020, giving the government tighter control and scrutiny over the receipt and utilisation of foreign funds by NGOs.

Broadly, the FCRA requires every person or NGO seeking to receive foreign donations to be 

1.  Registered under the Act
2. To open a bank account for the receipt of foreign funds in the State Bank of India, Delhi and 
3. To utilise those funds only for the purpose for which they have been received and as stipulated in the Act.

• They are also required to file annual returns and they must not transfer the funds to another NGO.
• The Act prohibits the receipt of foreign funds by candidates for elections, journalists or newspaper and media broadcast companies, judges and government servants, members of the legislature and political parties or their office-bearers and organisations of a political nature.

4.1. Amendments to the Act

• In July 2022, the MHA effected changes to FCRA rules through two gazette notifications and increased the number of compoundable offences under the Act from 7 to 12.
• The other key changes were the exemption from intimation to the government for contributions less than Rs 10 lakh the earlier limit was Rs 1 lakh received from relatives abroad and an increase in the time limit for intimation of the opening of bank accounts.
• Under the new rules, political parties, legislature members, election candidates, judges, government servants, journalists and media houses among others all barred from receiving foreign contributions will no longer be prosecuted if they receive foreign contributions from relatives abroad and fail to intimate the government within 90 days.
• However, the recipient will be required to pay 5 per cent of the foreign contribution received.

4.2. FCRA registration

• NGOs that want to receive foreign funds must apply online in a prescribed format with the required documentation.
• FCRA registrations are granted to individuals or associations that have definite cultural, economic, educational, religious and social programmes.
• Following the application by the NGO, the MHA makes inquiries through the Intelligence Bureau into the antecedents of the applicant and accordingly processes the application.

Under the FCRA, the applicant should not be fictitious or benami; and should not have been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another.

1. The applicant should also not have been prosecuted for or convicted of creating communal tension or disharmony;
2. Should not have been found guilty of diversion or misutilisation of funds and
3. should not be engaged or likely to be engaged in the propagation of sedition.

• The MHA is required to approve or reject the application within 90 days.
• In case of failure to process the application in the given time, the MHA is expected to inform the NGO of the reasons for the same.

4.3. Duration of the approval

• Once granted, FCRA registration is valid for five years. NGOs are expected to apply for renewal within six months of the date of expiry of registration.
• In case of failure to apply for renewal, the registration is deemed to have expired and the NGO is no longer entitled to receive foreign funds or utilise its existing funds without permission from the ministry.
• NGOs failing to apply before the due date can petition the ministry with cogent reasons within four months of the expiry of the registration, following which their applications can be reconsidered.
• Many NGOs do not apply for renewal for a variety of reasons, which include either the completion of the project for which the FCRA registration had been taken or the NGO itself folding up.

4.4. Cancellation of FCRA registration 

The government reserves the right to cancel the FCRA registration of any NGO if it finds it to violate the Act.

1. Registration can be cancelled if an inquiry finds a false statement in the application; 
2. If the NGO is found to have violated any of the terms and conditions of the certificate or renewal
3. If it has not been engaged in any reasonable activity in its the chosen field for the benefit of society for two consecutive years 
4. Or if it has become defunct.

• It can also be cancelled if "in the opinion of the Central Government, the Public interest must cancel the certificate".
• Registrations are also cancelled when an audit finds irregularities in the finances of an NGO in terms of the misutilisation of foreign funds.
• According to FCRA, no order of cancellation of the certificate can be made unless the person or NGO concerned had been given a reasonable opportunity of being heard.
• Once the registration of an NGO is cancelled, it is not eligible for re-registration for three years.
• The ministry also has the power to suspend an NGO's registration for 180 days pending inquiry and can freeze its funds.
• All orders of the government can be challenged in the High Court.

For Prelims & Mains

For Prelims: FCRA, Ministry of Home Affairs, NGOs, High courts, ICSSR, DTS, IPSMF, CPR,    Previous year question 1. With reference to Foreign Direct Investment in India, which one of the following is considered its major characteristic? 1. It is the investment through capital instruments essentially in a listed company. 2. It is a largely non-debt creating capital flow. 3. It is the investment which involves debt-servicing. 4. It is the investment made by foreign institutional investors in Government securities. 1. Answer: 2   For Mains:  1.  What is Foreign Contribution Regulation Act and discuss the major provisions of the Foreign Contribution Act and the need for such legislation. (250 Words)

 

Source: The Indian Express