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In an era defined by perpetual technological advancement, the hitherto uncharted territories of the human experience are progressively being illuminated by the luminous glow of innovation. The construct of privacy, once a straightforward concept involving personal secrets and solitude, has evolved into a complex web of data protection, consent, and digital rights. This notion of privacy, which often feels as though it elusively ebbs and flows like the ghost of a bygone epoch, is now confronted with a novel intruder – neurotechnology – which promises to redefine the very essence of individual sanctity.

Why Neuro Rights

At the forefront of this existential conversation lie ventures like Elon Musk's Neuralink. This company, which finds itself at the confluence of fantastical dreams and tangible reality, teases a future where the contents of our thoughts could be rendered as accessible as the words we speak. An existence where machines not only decipher our mental whispers but hold the potential to echo back, reshaping our cognitive landscapes. This startling innovation sets the stage for the emergence of 'neurorights' – a paradigm aimed at erecting a metaphorical firewall around the synapses and neurons that compose our innermost selves.

At institutions such as the University of California, Berkeley, researchers, under the aegis of cognitive scientists like Jack Gallant, are already drawing the map of once-inaccessible territories within the mind. Gallant's landmark study, which involved decoding the brain activity of volunteers as they absorbed visual stimuli, opened Pandora's box regarding the implications of mind-reading. The paper published a decade ago, was an inchoate step toward understanding the narrative woven within the cerebral cortex. Although his work yielded only a rough sketch of the observed video content, it heralded an era where thought could be translated into observable media.

The Growth

This rapid acceleration of neuro-technological prowess has not gone unnoticed on the sociopolitical stage. In a pioneering spirit reminiscent of the robust legislative eagerness of early democracies, Chile boldly stepped into the global spotlight in 2021 by legislating neurorights. The Chilean senate's decision to constitutionalize these rights sent ripples the world over, signalling an acknowledgement that the evolution of brain-computer interfaces was advancing at a daunting pace. The initiative was spearheaded by visionaries like Guido Girardi, a former senator whose legislative foresight drew clear parallels between the disruptive advent of social media and the potential upheaval posed by emergent neurotechnology.

Pursuit of Regulation

Yet the pursuit of regulation in such an embryonic field is riddled with intellectual quandaries and ethical mazes. Advocates like Allan McCay articulate the delicate tightrope that policy-makers must traverse. The perils of premature regulation are as formidable as the risks of a delayed response – the former potentially stifling innovation, the latter risking a landscape where technological advances could outpace societal control, engendering a future fraught with unforeseen backlashes. 

Such is the dichotomy embodied in the story of Ian Burkhart, whose life was irrevocably altered by the intervention of neurotechnology. Burkhart's experience, transitioning from quadriplegia to digital dexterity through sheer force of thought, epitomizes the utopic potential of neuronal interfaces. Yet, McCay issues a solemn reminder that with great power comes great potential for misuse, highlighting contentious ethical issues such as the potential for the criminal justice system to over extend its reach into the neural recesses of the human psyche.

Firmly ensconced within this brave new world, the quest for prudence is of paramount importance. McCay advocates for a dyadic approach, where privacy is vehemently protected and the workings of technology proffered with crystal-clear transparency. The clandestine machinations of AI and the danger of algorithmic bias necessitate a vigorous, ethical architecture to govern this new frontier. 

As legal frameworks around the globe wrestle with the implications of neurotechnology, countries like India, with their burgeoning jurisprudence regarding privacy, offer a vantage point into the potential shape of forthcoming legislation. Jurists and technology lawyers, including Jaideep Reddy, acknowledge ongoing protections yet underscore the imperativeness of continued discourse to gauge the adequacy of current laws in this nascent arena.

Conclusion 

The dialogue surrounding neurorights emerges, not merely as another thread in our social fabric, but as a tapestry unto itself – intricately woven with the threads of autonomy, liberty, and privacy. As we hover at the edge of tomorrow, these conversations crystallize into an imperative collective undertaking, promising to define the sanctity of cognitive liberty. The issue at hand is nothing less than a societal reckoning with the final frontier – the safeguarding of the privacy of our thoughts.

References:

https://indianexpress.com/article/technology/science/neurorights-neurotechnology-brain-implant-9030260/

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Introduction

Cert-In (Indian Computer Emergency Response Team) has recently issued the “Guidelines on Information Security Practices” for Government Entities for Safe & Trusted Internet. The guideline has come at a critical time when the Draft Digital India Bill is about to be released, which is aimed at revamping the legal aspects of Indian cyberspace. These guidelines lay down the policy framework and the requirements for critical infrastructure for all government organisations and institutions to improve the overall cyber security of the nation.

What is Cert-In?

A Computer Emergency Response Team (CERT) is a group of information security experts responsible for the protection against, detection of and response to an organisation’s cybersecurity incidents. A CERT may focus on resolving data breaches and denial-of-service attacks and providing alerts and incident handling guidelines. CERTs also conduct ongoing public awareness campaigns and engage in research aimed at improving security systems. The Ministry of Electronics and Information Technology (MeitY) oversees CERT-In. It regularly releases alerts to help individuals and companies safeguard their data, information, and ICT (Information and Communications Technology) infrastructure.

Indian Computer Emergency Response Team (CERT-In) has been established and appointed as national agency in respect of cyber incidents and cyber security incidents in terms of the provisions of section 70B of Information Technology (IT) Act, 2000.

CERT-In requests information from service providers, intermediaries, data centres, and body corporates to coordinate reaction actions and emergency procedures regarding cyber security incidents. It is a focal point for incident reporting and offers round-the-clock security services.  It manages cyber occurrences that are tracked and reported while continuously analysing cyber risks. It strengthens the security barriers for the Indian Internet domain.

Background

India is fast becoming one of the world’s largest connected nations – with over 80 Crore Indians  (Digital Nagriks) presently connected and using the Internet and cyberspace – and with this number is expected to touch 120 Crores in the coming few years. The Digital Nagriks of the country are using the Internet for business, education, finance and various applications and services including Digital Government services. Internet provides growth and innovation and at the same time it has seen rise in cybercrimes, user harm and other challenges to online safety. The policies of the Government are aimed at ensuring an Open, Safe & Trusted and Accountable Internet for its users. Government is fully cognizant and aware of the growing cyber security threats and attacks.

It is the Government of India’s objective to ensure that Digital Nagriks experience a Safe & Trusted Internet. Along with ubiquitous applications of Information & Communication Technologies (ICT) in almost all facets of service delivery and operations, continuously evolving cyber threats have become a concern for the Government. Cyber-attacks can come in the form of malware, ransomware, phishing, data breach etc., that adversely affect an organisation’s information and systems. Cyber threats leading to cyber-attacks or incidents can compromise the confidentiality, integrity, and availability of an organisation’s information and systems and can have far reaching impact on essential services and national interests. To protect against cyber threats, it is important for government entities to implement strong  cybersecurity measures and follow best practices. As ICT infrastructure of the Government entities is one of the preferred targets of the malicious actors, responsibility of implementing good cyber security practices for protecting computers, servers, applications, electronic systems, networks, and data from digital attacks, also remain with the ICT assets’ owner i.e. Government entity.

What are the new Guidelines about?

The Government of India (distribution of business) Rules, 1961’s First Schedule lists a number of Ministries, Departments, Secretariats, and Offices, along with their affiliated and subordinate offices, which are all subject to the rules. They also comprise all governmental organisations, businesses operating in the public sector, and other governmental entities under their administrative control.

“The government has launched a number of steps to guarantee an accessible, trustworthy, and accountable digital environment. With a focus on capabilities, systems, human resources, and awareness, we are extending and speeding our work in the area of cyber security, according to Rajeev Chandrasekhar, Minister of State for Electronics, Information Technology, Skill Development, and Entrepreneurship.

The Recommendations

• Various security domains are covered in the standards, including network security, identity and access management, application security, data security, third-party outsourcing, hardening procedures, security monitoring, incident management, and security audits.
• For instance, the rules advise using only a Standard User (non-administrator) account to use computers and laptops for regular work regarding desktop, laptop, and printer security in the workplace. Users may only be granted administrative access with the CISO’s consent.
• The usage of lengthy passwords containing at least eight characters that combine capital letters, tiny letters, numerals, and special characters; Never save any usernames or passwords in your web browser. Likewise, never save any payment-related data there.
• They include guidelines created by the National Informatics Centre for Chief Information Security Officers (CISOs) and staff members of Central government Ministries/Departments to improve cyber security and cyber hygiene in addition to adhering to industry best practises.

Conclusion

The government has been proactive in the contemporary times to eradicate the menace of cybercrimes and therreats from the Indian cyberspace and hence now we have seen a series of new bills and polices introduced by the Ministry of Electronics and Information Technology, and various other government organisations like Cert-In and TRAI. These policies have been aimed towards being relevant to time and current technologies. The threats from emerging technologies like web 3.0 cannot be ignored and hence with active netizen participation and synergy between government and corporates will lead to a better and improved cyber ecosystem in India.

Introduction 

Governments worldwide are enacting cybersecurity laws to enhance resilience and secure cyberspace against growing threats like data breaches, cyber espionage,  and state-sponsored attacks in the digital landscape. As a response, the EU Council has been working on adopting new laws and regulations under its EU Cybersecurity Package- a framework to enhance cybersecurity capacities across the EU to protect critical infrastructure, businesses, and citizens. Recently, the Cyber Solidarity Act was adopted by the Council, which aims to improve coordination among EU member states for increased cyber resilience. Since regulations in the EU play a significant role in shaping the global regulatory environment, it is important to keep an eye on such developments.

Overview of the Cyber Solidarity Act 

The Act sets up a European Cyber Security Alert System consisting of Cross-Border Cyber Hubs across Europe to collect intelligence and act on cyber threats by leveraging emerging technology such as Artificial Intelligence (AI) and advanced data analytics to share warnings on cyber threats with other cyber data centres across the national borders of the EU. This is expected to assist authorities in responding to cyber threats and incidents more quickly and effectively. 

Further, it provides for the creation of a new Cybersecurity Emergency Mechanism to enhance incident response systems in the EU.  This will include testing the vulnerabilities in critical sectors like transport, energy, healthcare, finance, etc., and creating a reserve of private parties to provide mutual technical assistance for incident response requests from EU member-states or associated third countries of the Digital Europe Programme in case of a large-scale incident.  

Finally, it also provides for the establishment of a European Cybersecurity Incident Review Mechanism to monitor the impact of the measures under this law. 

Key Themes

1. Greater Integration: The success of this Act depends on the quality of cooperation and interoperability between various governmental stakeholders across defence, diplomacy, etc. with regard to data formats, taxonomy, data handling and data analytics tools. For example, Cross-Border Cyber Hubs are mandated to take the interoperability guidelines set by the European Union Agency for Cybersecurity (ENISA) as a starting point for information-sharing principles with each other.  
2. Public-Private Collaboration: The Act provides a framework to govern relationships between stakeholders such as the public sector, the private sector, academia, civil society and the media, identifying that public-private collaboration is crucial for strengthing EUs cyber resilience. In this regard, National Cyber Hubs are proposed to carry out the strengthening of information sharing between public and private entities.  
3. Centralized Regulation: The Act aims to strengthen all of the EU's cyber solidarity by outlining dedicated infrastructure for improved coordination and intelligence-sharing regarding cyber events among member states. Equal matching contribution for procuring the tools, infrastructure and services is to be made by each selected member state and the European Cybersecurity Competence Centre, a body tasked with funding cybersecurity projects in the EU. 
4. Setting a Global Standard: The underlying rationale behind strengthening cybersecurity in the EU is not just to protect EU citizens from cyber-threats to their fundamental rights but also to drive norms for world-class standards for cybersecurity for essential and critical services, an initiative several countries rely on.

Conclusion

In the current digital landscape, governments, businesses, critical sectors and people are increasingly interconnected through information and network connection systems and are using emerging technologies like AI, exposing them to multidimensional vulnerabilities in cyberspace. The EU in this regard continues to be a leader in setting standards for the safety of participants in the digital arena through regulations regarding cybersecurity. The Cyber Solidarity Act’s design including cross-border cooperation, public-private collaboration, and proactive incident-monitoring and response sets a precedent for a unified approach to cybersecurity. As the EU’s Cybersecurity Package continues to evolve, it will play a crucial role in ensuring a secure and resilient digital future for all. 

Sources

• https://www.consilium.europa.eu/en/press/press-releases/2024/12/02/cybersecurity-package-council-adopts-new-laws-to-strengthen-cybersecurity-capacities-in-the-eu/ 
• https://data.consilium.europa.eu/doc/document/PE-94-2024-INIT/en/pdf 
• https://digital-strategy.ec.europa.eu/en/policies/cybersecurity-strategy 
• https://www.weforum.org/stories/2024/10/cybersecurity-regulation-changes-nis2-eu-2024/