How cyber espionage has transformed intelligence-gathering

AFTER the recent Indo-Pak armed conflict, a crackdown on the networks of agents and human assets of Pakistan intelligence agencies in India was inevitable. More than a dozen individuals, including YouTubers, travellers, academicians, petty criminals and small businessmen, have been arrested over the past couple of weeks for their suspected links with the secret services of the enemy state. Some of them appear to have fallen into the trap of foreign agents for money, visa and other favours, including sponsored foreign trips, etc.

The scope and nature of spying has undergone changes with time and its horizons have expanded to become vast and complex, involving various techniques, methodologies and areas of focus.

In the ancient era, the kings’ spies used to roam around incognito in public to gather information; the kings also deployed secret agents to unearth palace intrigues and conspiracies by subordinate principalities.

In the medieval ages, military-related intelligence-gathering occupied centre stage as the era was dominated by imperialistic and expansionist outfits.

The stakes in intelligence-gathering in the modern times have transformed. They include the identification of potential threats to national security from cyber attacks and terrorism; exposing of military capabilities and tracking down of troop movements; economic espionage on matters related to trade secrets; market trends and competitors’ information; surveillance over political and social institutions and geopolitics.

After the Industrial Revolution, the concept of the modern state evolved, resulting in the emergence of a complex world order which required a different set of information for strategic-posturing and diplomacy.

For that purpose, the conventional human-centric mechanism of collecting intelligence is of very little use and needs to be supplemented by other methods based on technology and intangible assets, including signal intelligence, wire interceptions, photography, satellite imagery, cyber surveillance, etc.

Artificial intelligence and cyber tools are being used for accuracy and efficiency in collecting soft intelligence and disrupting enemy systems. Cyber-snooping and surveillance by hacking hardware and planting malware in software to compromise electronic gadgets of the adversaries have become a common practice. Signal intelligence is becoming popular for intercepting and analysing electronic communications, such as phone calls, emails and messages. Employing imagery intelligence techniques — by using satellite and drone aerial reconnaissance and digital photography — is no more a secret.

However, traditional unobtrusive surveillance to monitor individuals, organisations and enemy activities is still used by intelligence agencies for spying. Infiltration within the targeted institution by placing agents and subverting insiders is also done.

Counter-espionage to disrupt, douse and deceive information-gathering tools of the enemy and keep the nefarious designs of the deep state under watch is essential for guarding the strategic interests of the state. Stakeholders nurture and employ deep state actors comprising experts and intellectuals from different domains to compromise the systems of the adversary and manipulate the opinion of the subjects.

The recent arrests of some YouTubers, academicians and travellers should be seen through this microscopic vision.

The modern state apparatus, across nations, has evolved a legal framework to counter the threats of espionage and propaganda of the deep state. During the British rule, the Indian Official Secrets Act of 1889 (IOS Act) was enacted by the Governor General in Council to prevent the disclosure of official documents and information detrimental to the government or national security. The law was strengthened under Lord Curzon’s rule, leading to the amendment of the IOS Act in 1904.

After World War I, the British felt the need to guard military secrets and installations more than ever before, resulting in the passing of the existing Official Secrets Act, 1923 (OS Act). It covered all aspects of secrecy and confidentiality required for the nation’s governance.

The OS Act criminalises spying, which is defined as an act of entering any prohibited place or making a sketch and a note, etc, or obtaining and passing of a document or information to undesirable elements, which may be useful to an enemy or which is likely to affect the sovereignty and integrity of India and friendly relations with other countries. Mere communication with a foreign agent is punishable under Section 4 of the Act.

Secrecy is inbuilt in the functioning of governments. Wilful communication of any secret information or sharing of an official document in possession of a public servant to an unauthorised person is a crime under the OS Act, entailing imprisonment of up to three years.

It was being felt for some time that the OS Act was sufficient to nail down the indiscrete conduct of public servants and individuals roaming in the vicinity of military and security installations. It was not considered stringent enough to deal with serious threats from enemy agents. Accordingly, Section 152 was added in the Bharatiya Nyaya Sanhita, 2023 (BNS), whereby inciting armed rebellion or exciting secession and subverting activities by whatever way, including financial means or otherwise, or endangering the sovereignty, unity and integrity of India was made punishable with life imprisonment.

Additionally, making and publishing misleading information and false imputations and assertations, jeopardising the security of India, entail imprisonment up to three years under the newly added Section 197(1)(d) of the BNS.

The assertions by academician Ali Khan Mahmudabad of Ashoka University need to be examined in the context of this provision. The Supreme Court has granted interim bail to Mahmudabad and constituted an SIT to investigate the matter in its entirety.

There can be no disagreement that national security concerns, unity and integrity of India, public peace and societal harmony are of paramount importance and, hence, non-negotiable. At the same time, fair investigations and strict legal scrutiny of all spying-related cases are essential to guard against any misuse of legal powers by the law enforcers and prevent any resultant public outrage.

In a mature and plural society like ours, justice should not only be done but also appear to have been done. However, those who play in the hands of foreign agents deserve exemplary punishment.

KP Singh is former DGP, Haryana.

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