border areas, terrorism, money-laundering and cyber security Flashcards

1
Q

WhatsApp’s controversial new privacy policy: highlights?

A
  1. Information Sharing with Third Party Services: When users rely on third-party services or other Facebook Company Products that are integrated with our Services, those third-party services may receive information about what you or others share with them.
  2. Hardware Information: WhatsApp collects information from devices such as battery level, signal strength, app version, browser information, mobile network, connection information (including phone number, mobile operator or ISP) among others.
  3. Deleting the Account: If someone only deletes the WhatsApp app from their device without using the in-app delete my account feature, then that user’s information will remain stored with the platform.
  4. Data Storage: WhatsApp mentions that it uses Facebook’s global infrastructure and data centers including those in the United States to store user data. It also states that the data in some cases will be transferred to the United States or other parts where Facebook’s affiliate companies are based.
  5. Location: Even if a user does not use their location-relation features, Whatsapp collects IP addresses and other information like phone number area codes to estimate your general location (city, country).
  6. Payment Services: WhatsApp says that if anyone uses their payments services they will process additional information about you, including payment account and transaction information
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2
Q

WhatsApp’s controversial new privacy policy: issues and concerns?

A
  1. contradicts the recommendations of the Srikrishna Committee report, which forms the basis of the Data Protection Bill 2019.
  2. The principle of Data Localisation, which aims to put curbs on the transfer of personal data outside the country, may come in conflict with WhatsApp’s new privacy policy.
  3. With the updated privacy policy, WhatsApp can now share one’s metadata, essentially everything beyond the conversation’s actual text.
  4. If users disagree with the messaging platform’s updated privacy policy, they will have to quit WhatsApp when the new terms of service are set to come into effect.
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3
Q

Cyber Volunteer Scheme?

A
  • MHA’s “cybercrime volunteers” plan targets to rope in around 500 persons to flag unlawful content on the Internet for “improvement in the cybercrime ecosystem of India”.
  • The programme will include 200 “cyber awareness promoters” and 50 “cyber experts”.
  • The project is known as Indian Cyber Crime Coordination Centre (I4C). It was started in militancy-hit Jammu and Kashmir last week where the police issued a circular asking citizens to register themselves as volunteers.
  • The volunteers are barred from issuing any public statement about their association with this program and are also “strictly prohibited” from using the name of Ministry of Home Affairs or claim to have an association with the ministry on any social media or public platform.
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4
Q

Targetting of Indian power systems by Chinese malware?

A

may have deployed malware into Indian power grids and seaports during border tensions

discovered and revealed by U.S. cyber security and intelligence firm, Recorded Future

A recent grid failure in Mumbai may have been caused

campaign conducted by a China-linked threat activity group RedEcho

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5
Q

Cyber attacks:

  1. defn?
  2. vs cyber espionage?
  3. significance?
A
  1. “deliberate actions to alter, disrupt, deceive, degrade, or destroy computer systems or networks or the information and/or programs resident in or transiting these systems or networks.”
  2. Cyber exploitation or cyber espionage, on the other hand, refers to the penetration of adversary computers and networks to obtain information for intelligence purposes; this is espionage, not a destructive activity.
  3. important because
    1. Cyber-attack weapons are easy to use
    2. can generate outcomes that range from the simple defacing of a web site to the stealing of data and intellectual property, espionage or even disruption of critical activities
    3. sometimes the detection of malware itself is delayed until significant effects are noticed
    4. It is extremely difficult to attribute cyber-attacks to a nation-state, since collecting irrefutable evidence has proved elusive in almost all cases
    5. Cyber attackers can support military operations. They can disrupt the target’s command, control, and communications.
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6
Q

Mechanism for Cyber Attacks?

A

Cyber-attacks can be carried out in a number of ways. Among them:

  • Computer-network attacks
  • Supply-chain attacks
  • Social-networking-led attacks
  • Attacks on radio networks for GPS and wireless networks
  • Radio frequencies with sufficiently high power to disrupt all unprotected electronics in a given geographical area
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7
Q

types of cyber threats against nations?

A
  1. can be launched against the critical infrastructure of nations. In many countries, such infrastructure is owned and operated by the private sector. Much of it depends on SCADA systems, which are computer-controlled in a networked environment.
  2. financial networks can be targeted to disrupt a nation’s economy.
  3. espionage
  4. individuals can be compromised
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8
Q

Mobikwik data hack?

A
  1. largest KYC breach in India ever
  2. data including KYC of 3.5 million people, phone numbers and bank details of almost 100 million individuals and, in some cases, even geolocation data was obtained and put up for sale on dark web
  3. a peculiar situation arose when the compaany denied the breach and insisted that the data was secure despite various independent data security firms corroborating it.
  4. The cause for worry also lies in the fact that the anonymous hacker who has posted this data claims that the KYC details were used to successfully take micro loans. In the absence of the company owning up to the data breach and informing all the users whose data has been put out, there can be an avalanche of such micro loans that can be taken out
  5. CERT-In, the national nodal agency for responding to computer security incidents as and when they occur, should have authorised an independent audit immediately to trace the breach and take corrective measures.
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9
Q

India’s cybersecurity mkt: 2019? 2022? factors driving growth? Key sectors driving its growth?

A

1.97 Bn $ 3 Bn $ 1) Digital growth 2) rising cyber-attacks 3) stringent regulatory mandates 1) BFSI (banking & Fin Services ind) 2) IT and ITeS 3) govt.

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10
Q

Union Government is planning to set up a new rocket launch pad at? presently?

A

Kulasekarapattinam in Tamil Nadu presently, ISRO has two launchpads at Satish Dhawan Space Centre (SDCC) in Sriharikota, Andhra Pradesh.

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11
Q

Meteor missile?

A
  1. BVR air-2-air with range of 150km 2. India importing frm france
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12
Q

Govt initiatives fr infrastr in areas long China border?

A
  1. Spend 10% funds of a Centrally sponsored scheme only on projects in Ladakh, Arunachal Pradesh, Himachal Pradesh, Uttarakhand and Sikkim.
  2. The Border Area Development Programme (BADP) has been allocated ₹784 crore in the 2020-21 fiscal and the money is distributed to the border States and Union Territories depending on various criteria such as the length of the international border and population.
  3. Projects for developing strategically important villages and towns in border areas that have been identified by the border guarding forces will be given priority.
  4. Construction of roads, bridges, culverts, primary schools, health infrastructure, playfields, irrigation works, mini-stadiums, indoor courts for basketball, badminton and table tennis can be undertaken within 10 km of the border.
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13
Q

pangong lake?

A
  1. It is an endorheic lake in the Himalayas at a height of >4000m
  2. extends from India to the Tibetan Autonomous Region, with 60% lyin in the latter
  3. During winter the lake freezes completely, despite being saline water.
  4. It is not a part of the Indus river basin area and geographically a separate landlocked river basin
  5. NOT a Ramsar wetland site though in the process being declared so. This will be the first trans-boundary wetland in South Asia under the convention.
  6. historically seen as a chain of 5 lakes: Pangong Tso (in Ladakh), Tso Nyak, the twin lakes of Rum Tso, and Nyak Tso. whole lake group was and is still often referred to as Tsomo Nganglha Ringpo
  7. The lake acts as an important breeding ground for a variety of birds including a number of migratory birds like Bar headed Goose, Brahmini Ducks. Surrounding region also supports wildlife like kiang and marmot.
  8. An Inner Line Permit is required to visit the lake as it lies on LAC
  9. The Khurnak Fort lies on the northern bank of the lake
  10. As tourism grows in Ladakh and Pangong Lake, the ecologically fragile area is getting swamped with trash
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14
Q

Depsang?

A

It is an area at a crucial dip (called the Bulge) on the Line of Actual Control (LAC).

  • The Chinese Army occupied most of the plains in 1962.
  • India controls the western portion of the plains as part of Ladakh, whereas the eastern portion is part of the Aksai Chin region, which is controlled by China and claimed by India.
  • In April 2013, the Chinese PLA troops set up a temporary camp in the Depsang Bulge, but later withdrew as a result of a diplomatic agreement with India.

recent:

  • There have been reports of a heavy Chinese presence at Depsang.
  • The “Depsang plain” is one of the few places in the Western Sector where light armour (vehicles) would have ease of manoeuvre, so any Chinese buildup there is a cause for concern.
  • Chinese posturing in this area poses a threat to the strategically important Darbuk-Shyok-Daulat Beg Oldie Road
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15
Q

Petrapole?

A
  1. It is the Indian side of Petrapole-Benapole border checkpoint between India and Benapole of Bangladesh, on the Bangladesh-India border, near Bongaon in North 24 Parganas district of West Bengal.
  2. Petrapole border is the only land port in south Bengal. It is also the largest land customs station in Asia.
  3. The landport alone accounts for nearly 60 per cent of the bilateral trade between India and Bangladesh.
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16
Q

THAAD Defence system?

A
  1. THAAD is an acronym for Terminal High Altitude Area Defense.
  2. It is a transportable, ground-based missile defense system.
  3. This anti-ballistic missile defense system has been designed and manufactured by the US company Lockheed Martin.
  4. How it operates: THAAD is coupled with space-based and ground-based surveillance stations, which transfer data about the incoming missile and informs the THAAD interceptor missile of the threat type classification. THAAD is alarmed about incoming missiles by space-based satellites with infrared sensors.
  5. Where all it has been deployed: South Korea, the UAE, Guam, Israel and Romania.
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17
Q

T/F: BHIM app has three levels of authentication.

A

T

For one, the app binds with a device’s ID and mobile number.

Second a user needs to sync whichever bank account (UPI or non-UPI enabled) in order to the conduct transaction.

Third, when a user sets up the app they are asked to create a pin which is needed to log into the app. The UPI pin, which a user creates with their bank account is needed to go through with the transaction.

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18
Q

Unlawful Activities (Prevention) Act (UAPA)?

A
  1. This law is aimed at effective prevention of unlawful activities associations in India.
  2. Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India.
  3. The Act makes it a crime to support any secessionist movement or to support claims by a foreign power to what India claims as its territory.
  4. The UAPA, framed in 1967, has been amended twice since: first in 2008 and then in 2012.
  5. Features:
    1. It empowers the government to declare an organisation as ‘terrorist’ and ban it. Mere membership of such a proscribed organisation itself becomes a criminal offence.
    2. It allows detention without a chargesheet for up to 180 days and police custody can be up to 30 days.
    3. creates a strong presumption against bail and anticipatory bail is out of the question.
    4. creates a presumption of guilt for terrorism offences merely based on the evidence allegedly seized.
    5. authorises the creation of special courts, with wide discretion to hold in-camera proceedings (closed-door hearings) and use secret witnesses but contains no sunset clause and provisions for mandatory periodic review.
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19
Q

Indian Cyber Crime Coordination Centre?

A
  1. set up under the newly created Cyber and Information Security (CIS) division of the MHA.
  2. seven components:
    • National Cyber Crime Threat Analytics Unit
    • National Cyber Crime Reporting Portal
    • National Cyber Crime Training Centre
    • Cyber Crime Ecosystem Management Unit
    • National Cyber Crime Research and Innovation Centre
    • National Cyber Crime Forensic Laboratory Ecosystem
    • Platform for Joint Cyber Crime Investigation Team.
  3. I4C will
    • act as nodal point in the fight against cybercrime,
    • assist in centralising cyber security investigations,
    • prioritise the development of response tools (new tech and forensic tools)
    • bring together private companies to contain the menace
    • prevent misuse of cyber space for furthering the cause of extremist and terrorist groups
    • coordinate all activities related to implementation of Mutual Legal Assistance Treaties (MLAT) with other countries related to cybercrimes
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20
Q

LAC flashpoints since April 2020?

A
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21
Q

‘no-patrolling’ or ‘buffer’ zone along LAC: background?

A
  1. the area becomes a zone where neither side is allowed to patrol.
  2. Between India and China, the idea of the no-patrolling zone can be traced back to the border war of 1962. After China declared a unilateral ceasefire on November 21, 1962, it pulled its troops back 20 km from what it perceived was the location of the LAC on November 7, 1959.
  3. More recently, the concept was used by India in 2013. Chinese troops had pitched tents in an area known as the Bottleneck in the Depsang Plains, and India was negotiating to end the face-off. As part of the understanding to end the Depsang standoff, India temporarily suspended patrolling in an area further south, within eastern Ladakh, called Chumar.
  4. The patrolling points for India are decided by a body known as the China Study Group (CSG), a secretary-level official group that is the sole adviser to the CG on matters related to China.
  5. There are over 60 patrolling points in eastern Ladakh. In some cases these points are marked on the map; in others, specific geographical features act as traditional patrolling points.
  6. At all places barring the Depsang Plains, the patrolling points are on the LAC. In Depsang, the limit of patrolling is considerably inside Indian territory from the LAC.
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22
Q

‘no-patrolling’ or ‘buffer’ zone along LAC: new developments (Aug 2021)?

A

Until last year, there were two areas, Demchok and Trig Heights, which both sides agreed were disputed in the region. There are 10 other points in eastern Ladakh where the two countries have a differing perception of the LAC.

In addition, five friction points came up last year: PP14 (Galwan), PP15 (Hot Springs), PP17A (Gogra Post), Rezang La, and Rechin La.

  • The first no-patrol zone since last year had come up in Galwan Valley.
  • In February, India and China agreed to disengage from the north and south banks of Pangong Tso where, at some locations, troops and tanks had been barely a few hundred metres apart.
    • On the south bank, in the Chushul sub-sector, the two sides were sitting on previously unoccupied peaks of the Kailash Range. On the north bank of Pangong Tso, China had come in the deepest, and Chinese troops were sitting on peaks above the spur known as Finger 4, which is 8 km west of India’s perception of the LAC at Finger 8.
    • As part of the disengagement, Indian troops went back to their Dhan Singh Thapa Post, just west of Finger 3, while China dismantled all its infrastructure between Finger 8 and Finger 4, and went to its traditional post east of Finger 8. The area between Finger 3 and Finger 8 has since then been a no-patrol zone.
  • And recently, Indian and Chinese troops disengaged near Gogra post

the suspension of patrolling is not permanent, and that India has not given up its right to patrol those areas. However, patrolling from both sides has been suspended till the standoff throughout eastern Ladakh is resolved. This means not only disengaging from the friction points, but also de-escalation.

Depsang could become a major hurdle. While the Indian government does not consider Depsang a friction point, China is blocking Indian troops from accessing its traditional patrolling limits at PP10, PP11, PP11A, PP12, and PP13. Chinese troops block Indian soldiers from moving east of an area called the Bottleneck, which is about 18 km inside the LAC.

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23
Q

Daulat Beg Oldie?

A
  1. DBO is the northernmost corner of Indian territory in Ladakh, in the area better known in Army parlance as Sub-Sector North.
  2. It has the world’s highest airstrip, originally built during the 1962 war but abandoned until 2008, when the Indian Air Force (IAF) revived it as one of its many Advanced Landing Grounds (ALGs) along the LAC.
  3. DBO is less than 10 km west of the LAC at Aksai Chin.
  4. To the west of DBO is the region where China abuts Pakistan in the Gilgit-Baltistan area, once a part of the erstwhile Kashmir principality.
  5. The construction of the 255-km long Darbuk-Shyokh-Daulat Beg Oldie (DSDBO) all-weather road is said to be the immediate reason behind the standoff between Indian Army and a Chinese Army along LAC.
  6. Built by BRO, the road runs almost parallel to the LAC and connects Leh to DBO.
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24
Q

Depsang plains?

A

The Depsang Plains represent a high-altitude gravelly plain at the northwest portion of the disputed Aksai Chin region of Kashmir, divided into Indian and Chinese administered portions across LAC

Ladakh’s traditional trade route to Central Asia passed through the Depsang Plains, with the Karakoram Pass lying directly to its north.

The Depsang plains are also part of the area called Sub-Sector North (SSN) by the Indian military

Depsang is the only region in eastern Ladakh where the Limit of Patrolling (LoP) is not the same as the LAC, and is much deeper inside the Indian territory.

The area is strategically significant as it lies just 30 km southeast of the important Daulat Beg Oldie post and airstrip in the north, close to the Karakoram Pass. It lies betn Siachen glacier in west and Aksai Chin in east,

The disputed area, a feast for tanks because of its plain terrain, has seen two major standoffs between Indian and Chinese forces in 2013 and 2015. This is aside from the dozens of annual clashes that both sides engage in when soldiers come face-to-face while patrolling.

Bottleneck is around 7 km east of Burtse, where the Army has a base. Burtse is on the Durbuk-Shyok-Daulat Beg Oldie road. The track going east from Burtse forks into two at the Bottleneck, which is the reason it is also called the Y-Junction. The track going north following the Raki Nala goes towards Patrolling Point 10, while the track going southeast is towards Patrolling Point 13.

usually, INdian troops went across the bottleneck upto the INdian patrol points (on foot since army vehicles are too big to cross the bottleneck) same as the Chinese troops used to cross the bottleneck to patrol upto their patrolling points. However, In the recent developments in 2022, CHinese troops are stopping Indian troops to patrol beyond the bottleneck i.e. access to the patrolling points 10, 11, 12, 13 have been denied.

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25
Q

Galwan valley?

A
  • On June 15 2021, the worst violence on the India-China border since 1967 claimed the lives of 20 Indian soldiers. The clash occurred in the Galwan Valley, which hasn’t been a site of conflict since 1962.
  • On June 19, the Chinese Foreign Ministry in a statement claimed that the entire valley is located “on the Chinese side of the LAC”.
  • The valley refers to the land that sits between steep mountains that buffet the Galwan River.
    • The river has its source in Aksai Chin, on China’s side of the LAC, and it flows from the east to Ladakh, where it meets the Shyok river on India’s side of the LAC.
    • The valley is strategically located between Ladakh in the west and Aksai Chin in the east, which is currently controlled by China as part of its Xinjiang Uyghur Autonomous Region.
    • At its western end are the Shyok river and the Darbuk-Shyok-Daulet Beg Oldie (DSDBO) road. Its eastern mouth lies not far from China’s vital Xinjiang Tibet road, now called the G219 highway.
  • The LAC lies east of the confluence of the Galwan and Shyok rivers in the valley. Since early May, China has been objecting to India’s road construction activities at the western end of the valley, in the area between the Galwan-Shyok confluence and the LAC. Beijing is now saying the entire valley is on its side of the LAC, which pegs the line further west near the Shyok river. India has rejected the claim as “exaggerated and untenable”.
  • Most Chinese maps show most of Galwan river on China’s side of the line, but short of the confluence. This broadly corresponds with the LAC as India sees it – and in India’s view, as China saw it, until recently.
  • Territorial claims and LAC claims are not the same. Regardless of whether or not China claims territorial rights to the valley, the LAC that both countries abided by until recently ran through the valley. For instance, India’s territorial claims extend 38,000 sq km on the other side of the LAC across all of Aksai Chin, but the LAC India observes runs through the valley. It is true that the LAC has never been demarcated and there are differences in perception of where it lies in more than a dozen spots, but there have not been previous incidents in the valley. By now staking a claim to the entire Galwan Valley and up to the confluence of the rivers, China is, in India’s view, unilaterally altering the LAC here. According to the 1993 Border Peace and Tranquility Agreement (BPTA), India and China agreed to “strictly respect and observe the LAC between the two sides”.
  • This referred to the LAC at the time, rendering irrelevant the line of actual control in 1959 or 1962. It also says that “when necessary, the two sides shall jointly check and determine the segments of the line of actual control where they have different views as to its alignment.” Clarifying the LAC has also been explicitly codified in the 1996 agreement on confidence-building measures and subsequent agreements. China, however, has refused to exchange maps in the western sector to take this process forward.
26
Q

Tawang?

A
  • Tawang was historically part of Tibet.
  • The 1914 Simla Accord defined the McMahon Line as the new boundary between British India and Tibet. By this treaty Tibet relinquished some of its territories, including Tawang, to the British. But it was not recognised by China.
  • In 1950, Tibet lost its de facto independence and was incorporated into the newly established People’s Republic of China.
  • Later, in 1959, when the current Dalai Lama fled Tibet, he came into India through Tawang.
  • During the Sino-Indian war of 1962, Tawang fell briefly under Chinese control, but China voluntarily withdrew its troops at the end of the war.
  • Tawang again came under Indian administration, but China has not relinquished its claims on most of Arunachal Pradesh including Tawang.
  • Recently India and China patrols faced off in Tawang.
27
Q

Hot Springs?

A

The ‘Hot Springs’ point in Ladakh is one of the four points where the Indian and Chinese armies went face-to-face back during the standoff in May 2020.

  • Hot Springs, traditionally known as Kyam, is a campsite and the location of an Indian border check-post – Patrol Point-15 – at the Chang Chenmo river valley in Ladakh near the contested border with China.
  • The spot was so named due to the presence of a hot spring in the area.
  • It lies to Southeast of Galwan Valley.
  • It is close to Kongka La, a pass that marks the Line of Actual Control.
  • The pass also marks the border between two of China’s most sensitive provinces — Xinjiang to the north and Tibet to the south.
  • Kongka La lies west of China’s G219 highway which connects Xinjiang and Tibet.
28
Q

Palk bay Scheme?

A
  • Launched in July 2017 under the Blue Revolution programme.
  • The scheme is financed by the Union and the State Governments with beneficiary participation.
  • It had envisaged the provision of 2,000 vessels in three years to the fishermen of the State and motivate them to abandon bottom trawling.
  • Of the unit cost of each vessel (₹80 lakh), 50% would be borne by the Centre, 20% by the State government and 10% by the beneficiary, and the remaining 20% would be met through institutional financing.
  • obligations to beneficiaries under the Deep Sea fishing plan?
    • The Deep Sea fishing plan is to remove as many trawl vessels from the Palk Bay as possible.
    • Potential beneficiaries of the deep see fishing project should possess a registered, seaworthy trawl vessel of over 12m in length that must be scrapped or disposed of outside the Palk Bay.
    • The disposed vessel should also have been physically verified.
    • Equally important, new replacement tuna long liner boats cannot trawl or operate in the Palk Bay.
    • Beneficiaries are not allowed to sell their boats within five years of obtaining them.
  • Significance?
    • The scheme was envisioned as the remedy to the Palk Bay fishing conflict.
    • The Centre feels that deep sea fishing is the “only solution” to promote ecologically sustainable fishing and reduce “fishing pressure” around the close proximity of the the International Maritime Boundary Line (IMBL) and the incidents of cross-border fishing.
29
Q

Kalapani Dispute?

A
  • Kalapani, ocated in the easternmost corner of Uttarakhand’s Pithoragarh district, is the largest territorial dispute between Nepal and India consisting of at least 37,000 hectares of land in the High Himalayas.
  • cause: Treaty of Sugauli 1816
    • Nepal lost the regions of Kumaon-Garhwal in the west and Sikkim in the east.
    • According to Article 5, the King of Nepal gave up his claims over the region west of the river Kali
    • According to Nepal’s experts, the east of the Kali river should begin at the source of the river. The source according to them is in the mountains near Limpiyadhura, which is higher in altitude than the rest of the river’s flow. Nepal claims that a land mass, high in the mountains that falls to the east of the entire stretch starting from Limpiyadhura downwards, is theirs.
    • India on the other hand says the border begins at Kalapani which India says is where the river begins.
    • The dispute is mainly because of the varying interpretation of the origin of the river and its various tributaries that slice through the mountains.
    • While Nepal’s claim of the territory east of Kali is based on the Limpiyadhura origin, India says the river actually takes the name Kali near Kalapani.
30
Q

Fugitive Economic Offender?

A

A person can be named an offender under the law if there is an arrest warrant against him or her for involvement in economic offences involving at least Rs. 100 crore or more and has fled from India to escape legal action.

The procedure:

  1. The investigating agencies have to file an application in a Special Court under the Prevention of Money-Laundering Actcontaining details of the properties to be confiscated, and any information about the person’s whereabouts.
  2. The Special Court will issue a notice for the person to appear at a specified place and date at least six weeks from the issue of notice.
  3. Proceedings will be terminated if the person appears. If not the person would be declared as a Fugitive Economic Offender based on the evidence filed by the investigating agencies.
  4. The person who is declared as a Fugitive Economic Offender can challenge the proclamation in the High Court within 30 days of such declaration according to the Fugitive Economic Offenders Act, 2018.
31
A

It seeks to confiscate properties of economic offenders who have left the country to avoid facing criminal prosecution or refuse to return to the country to face prosecution.

  • A person against whom an arrest warrant has been issued for committing an offence listed in the Act and the value of the offence is at least Rs. 100 crore.
  • Some of the offences listed in the act are:
    • Counterfeiting government stamps or currency.
    • Cheque dishonour.
    • Money laundering.
    • Transactions defrauding creditors.
  • After hearing the application, a special court (designated under the PMLA, 2002) may declare an individual as a fugitive economic offender.
  • It may confiscate properties which are proceeds of crime, Benami properties and any other property, in India or abroad.
  • Upon confiscation, all rights and titles of the property will vest in the central government, free from encumbrances (such as any charges on the property).
  • The central government may appoint an administrator to manage and dispose of these properties.
  • The Act allows any civil court or tribunal to prohibit a declared fugitive economic offender, from filing or defending any civil claim.
  • Further, any company or limited liability partnership where such a person is a majority shareholder, promoter, or a key managerial person, may also be barred from filing or defending civil claims.
  • The authorities may provisionally attach properties of an accused, while the application is pending before the Special Court.
32
Q

Data protection bill, 2019: key aspects?

this bill was withdrawn. New bill was placed. It’s covered in GS-II mindmap

A

1) applicability and definition of data types 2) obligations of data fiduciary 3) Rights of individual 4) Grounds for processing personal data 5) Social media intermediaries 6) Data Protection Authority 7) Transfer of data outside India 8) Exemptions 9) Offences 10) Sharing of non-personal data with government 11) Amendments to other laws

33
Q

Data protection bill, 2019: applicability?

A

governs the processing of personal data by: (i) government, (ii) companies incorporated in India, and (iii) foreign companies dealing with personal data of individuals in India

34
Q

Data protection bill, 2019: data types defined?

A

Personal data is data which pertains to characteristics, traits or attributes of identity, which can be used to identify an individual. sensitive personal data: financial data, biometric data, caste, religious or political beliefs, or any other category of data specified by the government, in consultation with the Authority

35
Q

Data protection bill, 2019: data fiduciary?

A

It is an entity or individual who decides the means and purpose of processing personal data

36
Q

Data protection bill, 2019: data fiduciary obligations?

A

1) processing by the DF will be subject to certain purpose, collection and storage limitations. For instance, personal data can be processed only for specific, clear and lawful purpose. 2) all data fiduciaries must undertake certain transparency and accountability measures such as: (i) implementing security safeguards like data encryption and preventing misuse of data and (ii) instituting grievance redressal mechanisms 3) must also institute mechanisms for age verification and parental consent when processing sensitive personal data of children

37
Q

Data protection bill, 2019: Rights of the individual?

A

right to: (i) obtain confirmation from the fiduciary on whether their personal data has been processed, (ii) seek correction of inaccurate, incomplete, or out-of-date personal data, (iii) have personal data transferred to any other data fiduciary in certain circumstances, and (iv) restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn

38
Q

Data protection bill, 2019: Grounds for processing personal data?

A

allows processing of data by fiduciaries ONLY IF CONSENT is provided by the individual. However, in CERTAIN CIRCUMSTANCES, personal data can be processed without consent. These include: (i) if required by the State for providing benefits to the individual, (ii) legal proceedings, (iii) to respond to a medical emergency

39
Q

Data protection bill, 2019: Social media intermediaries: ?

A

All such intermediaries which have users above a notified threshold, and whose actions can impact electoral democracy or public order, have certain obligations, which include providing a voluntary user verification mechanism for users in India

40
Q

Data protection bill, 2019: Data Protection Authority?

A

1) chairperson and six members, with at least 10 years’ expertise in the field of data protection and information technology. 2)Functions: (i)take steps to protect interests of individuals, (ii) prevent misuse of personal data, and (iii) ensure compliance with the Bill 3)can be appealed to an Appellate Tribunal and then to SC

41
Q

Data protection bill, 2019:Transfer of data outside India?

A

1) Sensitive personal data may be transferred outside India for processing if explicitly consented to by the individual, and subject to certain additional conditions. 2) However, such sensitive personal data should continue to be stored in India. 3) Certain personal data notified as critical personal data by the government can only be processed in India.

42
Q

Data protection bill, 2019: Exemptions?

A

central government can exempt any of its agencies from the provisions of the Act (i) in interest of security of state, public order, sovereignty and integrity of India and friendly relations with foreign states, and (ii) for preventing incitement to commission of any cognisable offence (i.e. arrest without warrant) relating to the above matters Processing of personal data is also exempted from provisions of the Bill for certain other purposes such as: (i) prevention, investigation, or prosecution of any offence, or (ii) personal, domestic, or (iii) journalistic purposes

43
Q

Data protection bill, 2019: offences?

A

1) processing or transferring personal data in violation of the Bill 2) failure to conduct a data audit 3) Re-identification and processing of de-identified personal data without consent

44
Q

Data protection bill, 2019: Sharing of non-personal data with government? Issue?

A

central government may direct data fiduciaries to provide it with any: (i) non-personal data and (ii) anonymised personal data for better targeting of services

  1. ‘Anonymous’ data can be re-identified using modern m/c learning techniques.eg. in UK, personal location info has been extracted frm anonymised databases of public transit while in aus, individual health records hv been mined frm anonymised medical bills.
  2. Centre’s push towards using ‘big data’ and ‘AI’ within governace and planning is well-intentioned bt care should be taken while shifting frm qualitative methods like census to these quantitative sources. ‘Big data’ relies upon pvt databases that were created and used in completely different contexts and for different purposes, replete with their own biases and may lead to ‘invisibilisation’ of certain sections.
  3. This ‘eminent domain’ like power of govt over anonymised data, is in conflict with existing legal systems such as copyright law and trade secret protections, as such databases are valuable to the pvt companies and trade secret protections.
  4. What abt overlap of these methods withe existing transparency rules. The RTI act, for eg., may not apply to pvt databases protected by IP laws.
45
Q

Data protection bill, 2019: Amendments to other laws?

A

amends the Information Technology Act, 2000 to delete the provisions related to compensation payable by companies for failure to protect personal data

46
Q

Data Protection Bill 2019: Joint Committee of PArliament 2021 report?

A
  • While the committee was constituted for looking into issues surrounding personal data protection, committee expanded its mandate to include non-personal data as well citing that it was impossible “to distinguish between personal data and non-personal data, when mass data is collected or transported”. This means that all issues under the new legislation will be dealt with by a single Data Protection Authority (DPA) instead of separate ones for personal and non-personal.
  • It has retained the controversial exemption clause that allows the Government to keep any of its agencies outside the purview of the law with minor changes.
    • The members had argued that “public order” should be removed as a ground for exemption.
    • They had also pressed for “judicial or parliamentary oversight” for granting such exemptions.
    • The members had also suggested that “there should be an order in writing with reasons for exempting a certain agency from the ambit of the Bill”.
  • Transition Period: JCP suggested that up to 24 months be given from the date of notification of the Act to all the data aggregators. All data fiduciaries that deal exclusively in children’s data have to register themselves with the DPA. For this, a period of 9 months from the notification of the Act has been suggested.
  • Social Media Liability: social media platforms that do not act as intermediaries should be treated as publishers, and therefore be held liable for the content they host and be stripped of protection under Sec 79 of IT Act
  • no social media platform should be allowed to operate unless the parent company handling the technology sets up an office in India and that a statutory media regulatory authority, on the lines of the Press Council of India, may be set up for the regulation of the contents on all such platforms irrespective of the platform where their content is published.
  • Need for development of an alternative
    indigenous financial system for cross-border payments on the lines of Ripple (U.S.) and INSTEX (European Union).
  • set up dedicated lab for certification of all digital devices.
  • in case of cross-border transfer of data, a mirror copy of sensitive and critical personal data be mandatorily brought to India.
  • Penalty: The committee has recommended a fine of up to Rs 15 crore or 4% of the total global turnover of the firm for data breaches, and a jail term of up to 3 years if de-identified data is re-identified.
  • Alert of Data Breach: In case of any data breach, the data aggregator or fiduciary must notify the DPA within 72 hours of becoming aware of it. The DPA shall then decide the quantum of severity of the data breach and accordingly ask the company to report it and “take appropriate remedial measures”.
47
Q

Data Protection Bill 2019 and EU’s GDPR: differences?

A

1) data transfer abroad: both gives power to the govt to decide but GDPR more clearly lays out the parameters of the decision. DPB simply states that approval is needed for transfer of any sensitive personal data withot specifying as many details about the other country’s adequacy in receiving the data. 2) Automated decisions: DPB requires an assessment in cases of large scale profiling but does not give the citizen the ‘right to object to profiling’ except in cases of children. GDPR addresses this more directly by giving the data subject right to object 3) Personal data types: DPB categorises personal data much more explicitly- sensitive personal data consisting of health, fin, caste and biometric data, critical personal data-open ended category defined by govt. While the former cannot be stored abroad and can be processed abroad only with prior approval, the latter can never leave the country.GDPR has “special categories” resembling sensitive personal data but no separate localisation rules. 4) Anonymised data: DPB has allowed the Govt to seek anonymised data frm any data handing entity, GDPR doesn’t concern itself with matters of anonymised data, incl for statistical and research purposes. 5) Supervision and data handling: GDPR gives wide ranging discretionary pwers to supervisory authorities which includes deciding penalties.

48
Q

Data Protection Bill 2019 and EU’s GDPR: similarity?

A

1) both provides exceptions for data processing for prevention, investigation, detection or prosecutionof criminal offences. Both discuss public security defence and judicial proceedings. 2) Consent: both founded on concept of consent for data processing for it to occur with words like “free”, “specific” and “informed”. Both also give special protection to children’s lack of ability to give consent. 3) Individual’s rights: including Right to correction, RT data portability and RT be forgotten. But differ on right to profiling 4) other similarities: place responsibility on fiduciaies such as building products that incl privacy and transparency.

49
Q

Impact of Mauritius being removed from FATF Grey LIst in 2021?

A

Why moved out: Mauritius has strengthened the effectiveness of its anti-money laundering and terror financing process, and has addressed related technical deficiencies to meet the commitments in its action plan regarding the strategic deficiencies that the FATF identified in February 2020.

implications for INdia:

  • The move would enable Indian non-banking and other financial services companies to receive foreign direct investment from funds and vehicles incorporated by international investors in Mauritius. This may indirectly lead to higher investment to India from the Island nation.
  • It is also expected that now there would be less scrutiny by custodian banks on the ‘beneficial ownership’ (BO) of Mauritius vehicles coming in as FPI and FDI.
  • Mauritius is the 2nd largest source for FPI (USA 1st with Rs. 11L Cr) with total FPI inflow of 3.64 L Cr
  • RBI may lift curbs on ownreship and control by entities in Mauritus investing in Indian companies
  • Mauritius, which has been one of the largest contributors of FDI, has been recently losing out to jurisdictions like Singapore, Cayman Island, etc., partly because of amendment in the tax treaty with India and also due to it being put on the FATF grey list. Mauritius was put on the list in February 2020. After inclusion in the list, FDI inflow from Mauritius fell from Rs 57,785 crore in 2019-20 to Rs 41,661 crore in 2020-21.
50
Q

What is a zero-click attack?

A

A zero-click attack helps spyware like Pegasus gain control over a device without human interaction or human error.

  • So all awareness about how to avoid a phishing attack or which links not to click are pointless if the target is the system itself.
  • Most of these attacks exploit software which receive data even before it can determine whether what is coming in is trustworthy or not, like an email client.
51
Q

Different types of malware?

A

Malware is defined as a software designed to perform an unwanted illegal act via the computer network. It could be also defined as software with malicious intent.

  1. Virus: A program that can infect other programs by modifying them to include a possible evolved copy of itself.
  2. Worms: Disseminated through computer networks, unlike viruses, computer worms are malicious programs that copy themselves from system to system, rather than infiltrating legitimate files.
  3. Trojans: Trojan or trojan horse is a program that generally impairs the security of a system. Trojans are used to create back-doors (a program that allows outside access into a secure network) on computers belonging to a secure network so that a hacker can have access to the secure network.
  4. Hoax: An e-mail that warns the user of a certain system that is harming the computer. The message thereafter instructs the user to run a procedure (most often in the form of a download) to correct the harming system. When this program is run, it invades the system and deletes an important file.
  5. Spyware: Invades a computer and, as its name implies, monitors a user’s activities without consent. Spywares are usually forwarded through unsuspecting e-mails with bonafide e-mail i.ds. Spyware continues to infect millions of computers globally.
52
Q

Development in Ladakh post Defang-ment of Art 370?

A
53
Q

Development in J&K post Defang-ment of Art 370

A
  1. Socio-Political
    1. After the release of political leadership of the states Gupkar Alliance was formed.
    2. Delimitation has been implemented in preparation for elections to the assembly
    3. Nearly ~4000 Kashmiri migrant youths have moved back to Kashmir in recent years and have taken up jobsin various districts under the PM’s rehabilitation package.
    4. J&K govt has issued ~34 L domicile certificate to husbands of local women married to people from outside the state. this allowed them to buy land or property in the UT or apply for govt jobs. Similarly, a large number of communities (like Mahajan, Khatri) who were earlier barred from owning agricultural land have now been permitted to buy and claim a title.
    5. J&K cadre for All India Services were merged with existing cadre of ArunachalP, Goa, Mizoram and UTs. The decision was taken to help tackle the shortage of All India Service officers in J&K owing to an earlier GoI rule fixing the ratio of direct recruits in Civil services to promotees from J&K state Civil services at 50:50 instead of 67:33 formula followed in other states
    6. Forest Rights Act was implemented
  2. Economic
    1. a total number of 456 MoUs amounting to Rs 23,152.17 crore have been signed with potential investors since the creation of UT of J&K
    2. Centre has approved a new Industrial development scheme for J&K with an outlay of 28400Cr to boost industrial activity while nurturing existing industries as well
    3. 6,000-acre land bank was announced by GoI for setting up industries and increasing manufacturing. More than half has been transferred to the department of industries and commerce—2,125 acres in Jammu and 1,000 acres in Kashmir. The move is in line with the Industrial Policy-2016, which envisaged the creation of a land bank of 20,000 kanals (2,500 acres) across J&K.
    4. The UT administration has identified 292 industrial zones in different districts of the UT.
    5. Qazigund-Banihal tunnel on the treacherous Jammu-Srinagar highway, which will reduce travel time between Jammu and Srinagar by about 1.5 hours and distance by 16km, was thrown open for traffic for trials. J&K also constructed a record 3,300km of rural roads under several schemes in 2020-21. Twenty-one mega projects under Prime Minister’s Development Package (PMDP) have been completed and nine more are likely to be completed by the end of FY 22.
    6. Rs 45,000 crore worth of investment proposals from various industries.
    7. The first-ever real estate summit brought 39 MoUs worth Rs 18,300 crore.
    8. INitiatives to promote transparency like “Aapki Zameen Aapki Nigrani” and “Beams Empowerment”.
  3. Security
    1. terror-related incidents have reduced drastically since the revocation of Article 370. compared to 2019, number of terrorist incidents have reduced by 59% in 2020. The incidents reduced by a further 32% till June 2021 compared to the corresponding period in 2020.
    2. However, there have been renewed concern about cross-border terrorism recently after the twin drone attacks on the IAF station the Jammu airport
54
Q

India and INternational Law: Cyber security?

(for other aspects of international law and India, refer f/c international relations)

A
  1. India’s lack of control over root servers: Root servers allow countries to regulate, modify, or block internet traffic. Out of 13 root servers in the world currently, none are in India.
  2. suggestions: (i) strengthening domestic laws on cyber security in line with international norms, (ii) focusing on preventing and pre-empting cyber attacks, and (iii) leveraging our algorithm development capabilities to achieve data localisation.
55
Q

Siachen glacier?

A
  • It is located in the Eastern Karakoram range in the Himalayas.
  • It is the Second-Longest glacier in the World’s Non-Polar areas.
  • The Siachen Glacier lies immediately south of the great drainage divide that separates the Eurasian Plate from the Indian subcontinent.
  • Siachen conflict was started in 1984 by India’s successful capture of the Siachen Glacier as part of Operation Meghdoot, and continued with Operation Rajiv in 1987. India took control of the 70-kilometre-long (43 mi) Siachen Glacier and its tributary glaciers, as well as all the main passes and heights of the Saltoro Ridge immediately west of the glacier, including Sia La, Bilafond La, and Gyong La. Pakistan controls the glacial valleys immediately west of the Saltoro Ridge.
  • A cease-fire went into effect in 2003, but both sides maintain a heavy military presence in the area.
  • Both countries maintain a permanent military presence in the region at a height of over 6,000 metres (20,000 ft). More than 2000 people have died in this inhospitable terrain, mostly due to weather extremes and the natural hazards of mountain warfare.
  • The conflict in Siachen stems from the incompletely demarcated territory on the map beyond the map coordinate known as NJ9842. The 1949 Karachi Agreement and 1972 Simla Agreement did not clearly mention who controlled the glacier, merely stating that the Cease Fire Line (CFL) terminated at NJ9842
56
Q

Govt can ban apps and websites under which provision?

A

Sec 69 of IT Act

Section 69A of the IT Act, empowers the Central Government to order that access to certain websites and computer resources be blocked in the interest of the defense of the country, its sovereignty and integrity, the security of the State, friendly relations with foreign States, public order or for preventing incitement to the commission of an offence.

57
Q

‘National security vs Digital rights’ in reference to banning of apps and websites by GoI?

A
  1. in a constitutional democracy like ours, but also one that is a signatory to the International Covenant on Civil and Political Rights as well as the Universal Declaration of Human Rights, there is a certain basic understanding that regulation of the Internet or Internet-based services by governments has to respect basic human rights standards
  2. For a government to block service or to block any access to content or take other coercive steps that may intrude upon people’s fundamental rights and freedoms, it has to follow what in international law is often called the three-part test
    1. action that is very clear;
    2. that could not have been done by a less intrusive means; and
    3. that follows standards of necessity and proportionality.
  3. Thus, when blocking any website or app, following questions must be answered clearly
    1. whether there were) less intrusive means that could have been followed. A penalty or fine following an enquiry could have been tried.
    2. was the banning necessary and proportional even if done under te cause of national security
  4. On data and cybersecurity, the Indian government does not right now have any legal basis to take clear action on because it itself has not enacted law on that subject
  5. Section 69A has a limited set of defined grounds under which the government can take action. However, those are pretty wide and vague like security of state. But as SC has pointed in Pegasus case, govt can’t hide behing ‘national security’ everytime it violates the FR of her citizens
  6. Shift of burden of proof: even under our existing legal framework regarding blocking of content, there are two mechanisms — there is the normal process by which a government department complains to the Central government officer and a committee reviews it, and an emergency process by which orders are issued and then a subsequent review is taken. They have done an emergency blocking order, and then said these platforms should perhaps come to them and make a case as to why they should be unblocked and these interim orders could be overridden.
  7. By making it a little bit unfortunately too clear that this is due to geopolitical reasons, India [becomes] vulnerable from a trade law perspective. It allows China to claim the moral high ground in trade talks.
  8. However, we must remember that SC, in Shreya Singhal case, upheld Section 69A while striking down Section 66A. Thus, it is not the exercise of the power that is the issue but rather the opaqueness with which it is being exercised. Currently, when the Government of India issues blocking orders under Section 69A of the Information Technology Act, it asserts secrecy and confidentiality in those orders. This is, in fact, not something required by Parliament. Supreme Court in the issue of Internet shutdowns in the Anuradha Bhasin judgment said very clearly that any order blocking people’s rights to liberty, especially in relation to the Internet, requires to be published.
58
Q

Hynniewtrep National Liberation Council (HNLC)?

A

The HNLC, which demands a sovereign Khasi homeland in Meghalaya, is a breakaway faction of the Hynniewtrep Achik Liberation Council (HALC), the first militant tribal outfit of the state, formed in the mid-1980s.

‘Hynniewtrep’ refers to the Khasi and Jaintia communities, and ‘Achik’ to the Garo community.
The HNLC is seen as representative of Khasi identity and pride, and most of the top leadership is based out of Bangladesh.

59
Q

Cybercrime stats in India?

A

NCRB 2022

  • Increasing trend: India reported over 50,000 cases in 2021 (an increase of nearly 6 % over 2020)
  • Maximum from Telangana, UP, Karnataka and MH.
60
Q

Cri-MAC?

A
  • The Cri-MAC was launched in 2020 by the Ministry of Home Affairs (MHA), which is run by National Crime Records Bureau (NCRB).
  • It was launched to share information on crime and criminals with various law enforcement agencies and ensure a seamless flow of information among them.
  • It aims to help in early detection and prevention of crime incidents across the country.
  • Cri-MAC facilitates dissemination of information about significant crimes, including human trafficking across the country on real-time basis and enables inter-State coordination.
  • It can help in locating and identifying the trafficked victims as also in prevention, detection and investigation of crime.
  • Perfromance:
    • A few states and one Union Territory i.e. West Bengal, Andhra Pradesh, Bihar, Chhattisgarh, Mizoram, Manipur, Nagaland and Sikkim and Union Territory of Dadra, Nagar Haveli and Daman and Diu have not uploaded a single alert on the platform
61
Q

Development of Great Nicobar?

A

In Oct 2022, MoEFCC