The Real Threat: Terrorism and the New Terrorism

UNIVERSITY INSTITUTE OF LAWS, Panjab University

Regional Centre, Ludhiana

Authored by:

Advitya Singh Sambyal1

1
Student, 2nd Year B.A. LLB, Army Institute of Law, Mohali.

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 Abstract

In the modern age there always has been a hunt for a better life and problems
have also emerged to attain such a life but never had humanity faced such a
great enemy which hinders the very existence of the society. The greatest
threat in the 21st century which mankind faces is cyber terrorism. Terrorism as
defined describes the use of violence as a means to induce fear, terror and to
achieve an ideological aim. The world lies in grave danger with terrorist
organizations like Al Qaeda, ISIS, and Taliban who have made their mark by
disturbing the world peace from time to time may it be 26/11 or 9/11 attacks or
the Paris attacks but the terrorist now have a much better medium to propagate
their ideology i.e. the cyber space. With the growing dependency on cyber
technology a new frontier has opened up which affects each and everyone’s
life. From Stuxnet in 2000 to Wanna Cry Ransomware attacks it has been
proved that we are no longer safe. Considering the wide spread fear and terror
inflected by such organizations the world faces a crisis, as repeated attacks by
these organizations have crippled the growth and development of countries.
Even after the joint efforts of NATO and the other super powers after years of
struggle have been unsuccessful in curbing terrorism from Afghanistan and
Syria. For a better world we need a better guiding principle which could only
be possible if the global leaders despite their reservations come together to
fight the threat and eliminate it otherwise slowly and steadily it would cripple
the entire world and leave everything in a state of anarchy.

KEYWORDS: Greatest threat, Terrorism, New Frontier, Crippled, Struggle,

Eliminate.

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 I. Prefatory

“You may not be interested in war, but the war is interested in you.” –Trotsky

The Indian Constitution stands as the sentry for the protection and governance
of guaranteed freedoms of an individual.2 The panoply of rights emblazoned in
the Indian Constitution denotes the profundity of thoughts and values which
the drafters of the Constitution, employed to create a united India.3 The vision
which the founders of the great nation had is in peril. India is the 7th most
affected country by terrorism acc. to a report published by IEP. The greatest
concern the world faces in the 21st Century is terrorism in its various forms.
The world currently faces an increasingly hostile and unfriendly world. The
dream of a united India and a united world cannot be fulfilled unless or until
terror attacks are stopped may it be 26/11, 9/11, The Mumbai serial blasts or
the threat perception created by Al Qaeda, ISIS, and Taliban that is
responsible for the unrest which is hampering the global peace. The definition
of terrorism cannot be just limited to physical violence but as some great
scholars have advocated the fact that the ambit of terrorist activities restricted
to only physical violence is not justified as the literal meaning of terrorism is
described as the use of violence as a means to induce fear, terror and to
achieve an ideological aim. The scholars contest that since terrorism is a
weapon to induce fear and terror hence they can spread violence by the huge
cyber-space as well. As with the growing dependency on cyber technology a
new frontier has opened up which affects each and everyone’s life. In the

2
(“Constitution is the vehicle of nation’s progress. It has to reflect the best in the past
traditions of the nation; it has also to provide a considered response to the needs of the present
and to possess enough resilience to cope with the demands of the future.”) H.R. Khanna,
Judge, Supreme Court of India (Retd.) Making of India’s Constitution, Eastern Book
Company, Second Edition, 2009.
3
See, Uday Shankar and Saurabh Bindal, Constitutionalizing Intellectual Property, Satyam
Law International, 2013.

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words President Bill Clinton said that “Our foes have extended the fields of
battle from physical space to cyberspace.” Hence establishing the fact that
since the world is not facing a catastrophic end in terms of the nuclear warfare
but that many civil wars and rebellions that have happened over time are due
to easy access to the deep space.

Since various organizations such as ISIS have in past used cyber space to
propagate their ideology due to which it was able to white wash people’s mind
resulting in more and more induction of people in the terror organization.
They had a T.V. channel, YouTube channel which showed the vandalism that
was being carried out by ISIS to their hostages. Such organizations if able to
achieve their goals will lead to catastrophic results leading to the goal of world
peace an ideal idea.

Terrorism is the most important issue each and every country is trying to
combat this issue as it is of paramount importance and is the greatest national
security issue. In a report published by the Institute for Economics and Peace
(IEP)4, that in 2016 alone there was the increase of about 16% of terror attacks
and 17% increase in terror related deaths. In countries such as Iraq which the
worst affected by terrorism experiences of about 8 terror attacks every day.
Acc. to the report, about 2.4 people die in a single terror attack as per global
record and 0.4 people die in a single terror attack in India alone.5

Acc. to the Global Terrorism Database6 published by the University of

Maryland more than 71,000 incidents of non-state terrorism have resulted in at
least 180,000 deaths from a time period recorded from 2000 to 2016.

4
Global Terrorism Index 2016 Institute for Economics and Peace (Sep. 09, 2017 9:50 PM)
http://visionofhumanity.org/app/uploads/2017/02/Global-Terrorism-Index-2016.pdf.
5
Ibid
6
Ibid

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 II. The new age of Terrorism

The main aim of all the nations is to achieve a state of peace. In recent years
there has been efforts but no fruitful results have yet come. Hence terrorism
has developed as one of the greatest challenges to humanity in the 21st
Century.

Modern-day terrorists are bent on causing sufficient harm to a society that

targeted governments concede to their demands. This harm may be in terms of
human or economic losses for e.g., the al-Qaida training manual invokes
followers to attack “vital economic centres”7

Each and every nation wants to develop an ideal economy which can help to
better and increase the living standards of its citizens. The terrorist attacks that
have occurred in the past few years around the world have raised international
awareness of the danger of terrorism and its complex repercussions on the
financial markets.8 The economy starts to show the repercussions of terrorist
attacks as it starts to stumble in the wake up of terrorist attacks. Only the well-
functioning financial markets which are bolstered by the prompt and effective
reaction of the relevant authorities are generally efficient in absorbing shocks
stemming from terrorist attacks while the other economy falls to the increased
stress. An additional terrorist incident per million persons reduces GDP per
capita growth by about 1.5 percent.9

7
Al-Qaida training manual shows seaports top target, World Net Daily, (Sep. 09, 2017 5:12
PM) http://www.wnd.com/2003/10/21512/.
8
The Impact of Terrorism on Financial Markets by R. Barry Johnston and Oana M.
Nedelescu, The International Monetary Fund (IMF) Working Paper, (Sep. 04, 2017 3:15 PM)
https://www.imf.org/external/pubs/ft/wp/2005/wp0560.pdf.
9
Article on The impact of Terrorism and Conflicts on growth in Asia by Khusrav Gaibulloev,
(Sep 04, 2017 3:30 PM)
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.417.6056&rep=rep1&type=pdf .

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Terrorism has a great impact on the day to day lives of people. The greatest
terrorist attack every occurred was the 11th September attack on the world
trade centre in New York. There were about 2,996 people were killed and
more than 6,000 others wounded.10 Though acc. to the local authorities 3,000
people died post 9/11 and 37,000 people were declared as sick, they were
trapped and had inhaled the fumes and the debris of the building which
combined with the plane fuel became the reason for contaminated air and
caused created $80 to $90 billion in direct and indirect economic losses.11

Terrorism affects the lives of millions of people every year. The Nobel
laureate Malala Yousafzai was shot by a gunman from the terrorist
organization Taliban because she had advocated that women should not be
denied education only on the grounds of an ideology in practice that women
are inferior to men and cannot avail education on this basis. She was shot for
advocating such issue.

Terrorist organizations mainly aim for the bigger cities as concentrations of

people gives advantage in defending themselves from attackers, making cities
more appealing in times of violence. Second, cities often make attractive
targets for violence, which creates an incentive for people to disperse and
since warfare and terrorism often specifically target means of transportation,
violence can increase the effective cost of transportation.12

10
Nine facts about terrorism in the United States since 9/11 ,The Washington Post (Sep. 07,
2017 2:54 PM)https://www.washingtonpost.com/news/wonk/wp/2013/09/11/nine-facts-about-
terrorism-in-the-united-states-since-911/?utm_term=.e8068a3245a9a
11
9/11 health crisis: death toll from illness nears number killed on day of attacks, The
Guardian (Sep. 08, 2017 5:12 PM) https://www.theguardian.com/us-news/2016/sep/11/9-11-
illnesses-death-toll.
12
Cities and Warfare: The Impact of Terrorism on Urban Form by Edward L. Glaeser and
Jesse M. Shapiro, Harvard Institute of Economic Research (Sep. 09, 2017 6:14 PM).
https://www.brown.edu/Research/Shapiro/pdfs/HIER1942.pdf

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In recent years, terrorism has shown new patterns, shifting increasingly from
military targets to civilian targets. Terrorism can potentially affect economic
growth in the short run through a number of channels such attacks can
increase uncertainty in the market which limits investments and diverts foreign
direct investment (FDI). For developing countries, FDI is an important source
of saving to fund investment.13 Terrorism campaigns lead to government
expenditures on defensive actions to eliminate targets and to take proactive
measures to capture terrorists and their assets. In the case of terrorism, it has
been witnessed that the internal and external conflicts raise the costs of doing
business in a nation thus affecting the economy of the nation. In recent years
we have witnessed that a large chunk of GDP is being invested in the defence
sector and to equip with the latest technology in combatting terrorism and to
compensate for the loss caused by terrorist organization both to life and
property and for rescue and clean-up operations. This increased government
spending on security can crowd out more growth-enhancing public and private
investments and thus is harmful to the state.

Terrorist acts not only affect the individuals but also their families, colleagues,
neighbours and ultimately the whole of society is affected by an act of terror.
The impact goes far beyond the individual direct victims as terrorism not only
provides physical wounds but there are psychological consequences to the
individual and the community at large. In the USA even after 16 years of 9/11
have passed but still, there is an evident fear that still, persists in the people as
they have been psychologically traumatized by the event. The act of vandalism
against a state always leaves a mark which no entity can compensate.

13
An article on The Macroeconomic Consequences of Terrorism by Blomberg, S. Brock; Hess,
Gregory; Orphanides, Athanasios published in 2004. (Sep. 08, 2017 4:20 PM)
http://www.carnegie-rochester.rochester.edu/Nov03-pdfs/HessPaper.pdf.

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 III. The New War

Cyber-terrorism in the simplest language is the convergence of terrorism and

cyberspace. The term cyber terrorism is becoming increasingly common yet a
solid definition of the term seems hard to come by. While the phrase cyber
terrorism is loosely defined but there is a large amount of subjectivity in what
exactly constitutes cyber terrorism. Yet it is safe to assume that it is the most
dangerous form of terrorism as it inflicts each and every individual’s life per
se. Not only do the terrorist organizations use the cyber space to cause damage
but in recent times we have seen the misuse of cyber space by countries who
want to maintain their dominance over the other countries of the world.

The way we conduct our conflicts is a reflection of our society. This is not a
unique observation. In the book War and Antiwar Toffler observed that the
way warfare is conducted is a reflection of the historical period. They divided
human history and their corresponding conflicts into three waves. The first
wave was the Agrarian Wave. The second wave was the Industrial Wave and
the third wave, the current phase, is the Information Wave.14

Toffler said that in the information age of warfare our dependency on

technology, information, and interconnectivity to accomplish information
specialization is growing at an exponential rate. Correspondingly, the way we
conduct our military conflicts has changed from a mass production approach
to an informational approach requiring specialization.15

In the late 90’s when everyone thought that the dream of a better future was in
the grip of being achieved the world was hit by Stuxnet and the whole world
flipped. Stuxnet was a worm which did substantial damage to Iran’s nuclear
project. The Stuxnet was just the beginning then came the heavy giants for
instance when an Israeli boys hacked the classified files in the computers in

14
See, Page 4 of War and Antiwar by Heidi and Alvin Toffler
15
See, Page 75 of War and Antiwar by Heidi and Alvin Toffler

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The Pentagon in 1998, SQL Slammer in 2003 the worm that crashed the
internet in 15 minutes, Operation Aurora in 2010 which affected dozens of
companies, The Shammon, and the very recently the world’s greatest cyber-
attack was witnessed when WannaCry or WannaCrypt hit the market in May
2017. In a few days, it paralyzed about 230,000 computers across 130
countries. The incident was considered as a global catastrophe as a lot of
industrial as well as commercial computers had to shut down resulting in a
huge loss of property. Though this was not a physical attack but had
consequences on the lives of the people.

As discrimination exists in the real world so does in the cyber world. The
aspect of aspect of Digital Divide and Net Neutrality shall be overcome so that
each and every person shall have the access to the cyber space in the most
secure way possible.

According to Symantec, the company that owns the Norton Antivirus,

“Symantec blocked an average of more than 245 million attempted malicious
code attacks across the globe each month during 2008 these included emails,
fake web sites and online ads trick which led to people sharing personal data
like social security and credit card numbers. The Cyber criminals then sell the
information to the highest bidder on the online black market.16

Though a number of countries in wake up of recent incidents have introduced

laws against cyber-crimes but these laws are not amended and neither are
flexible as the laws are not in consonance with the technology.
The Information Technology Act, 2000 which was passed by the Indian govt.
in the year 2000 has not been updated since its inception in 2000 when the
cyber-crimes were just in the development phase. With the recent full-fledged
war waived in the arena of cyber-crimes, the government does not have

16
Statement given by Symantec during the launch of Norton Internet Security, 2010 in the
year 2009.

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stringed laws as lot number of crimes are committed beyond the territories of
the state which makes it difficult to punish the offender and provide relief to
aggrieved/innocent party. Emphasis should be given to these laws since a lot
of loop holes exist in such a system it is the need of the hour to bring them in
consonance with the present conditions and to regularly update them so that
they do not become outdated. As profoundly said in the epic book Thoughts on
War by B. H. Liddell Hart, that he realized the real target in war is the “mind of
the enemy commander, not the bodies of his troops.” So we should build laws
that are always one step in front of the thoughts of the enemy, the enemy being
cyber-criminals. The Need for a New Model is of utmost importance since
our current structure is not ready to face a grave threat. The system is not
secure because it uses a defence mechanism which is only helpful in cases
when a computer is infected that means only internal security is the prime
focus while the real cause is external and until or unless we do not eliminate
such an enemy the real threat still remains at our doorsteps. A new model shall
focus on the very model on which the current model is based. The new model
shall include:

 International cyber security system organization which shall

monitor and ensure that no nation shall carry out cyber war against
another nation.
 National cyber security system organization that shall only handle
cyber-attacks of national importance and its jurisdiction shall not be
barred by the boundaries as most of the cyberattacks are conducted
from alien nations so boundaries shall not bear the jurisdiction of the
countries but the countries should also keep in mind that it shall not
invoke any other countries sovereignty.
 National cyberspace security threat and vulnerability program
which a state establish in order to escape and secure its national
security programs. This can be done providing a backup wing or a

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 disaster resolving wing which will ensure a firewall in case of a
security breach.
 National Awareness programs on securing their data in case of a
security breach so that the citizens are secured in case of cyber-attack
and can be prepared in case of such attacks.
 National Tribunal only for cyber-crimes so that people are given
speedy justice and also an efficient tribunal should be established so
that each and every citizen be given justice as providing justice is the
main objective of any government. Though there exist such tribunals
the working of such tribunals have always been under a scanner.

The plan shall encourage cyber-counter attack which is a major concern for
the people in the 21st Century because a country which is not so much
technologically advanced faces the greatest threat because it does not have
resources to protect its cyber space but a country with advanced technology is
able to exploit the other country. Such a practice shall come to an abrupt end
and the countries shall encourage and help in building a strong cyber response
system so that the dream of a peaceful state be achieved.

Terrorism can be categorized into two types one being kinetic warfare i.e. war
that is conducted by means of weapons of destruction where the motive is to
induce fear by means of genocide and the second being non-kinetic warfare
which is conducted without the use of any weapon per se, the weapon in hand
of the cybercriminal is computer which is ironical, the motive is fulfilled of
inducement of fear is fulfilled by hacking in which there is destruction of
property and the impact is greater and more efficient . Hence cyber terrorism
is one of the most used and successful means to inflict a damage.

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Cyber warfare is a very attractive means to accomplish non-kinetic warfare. It
has many features that the terror organizations find attractive. Some of the
most notable features are17:

 Low Cost for cyber operations: Since a cyber-attack can be carried

only by the means of a computer and connection to the World Wide
Web anyone can conduct cyber warfare operations. A variety of cyber
warfare tools are openly and easily available on a lot of Internet sites
worldwide. The number of terrorist organizations waving war against
the world is incalculable.
 Lack of Ethics: Cyber warfare creates a fog of war. Since taken the
fact that there exist so many tricks that can be used by hackers and also
the infinite possibility of attacks that can take place cyber space is a
very vulnerable area. Given the fact that an infinite number of potential
threat organizations exist worldwide and also the number of different
cyber-attack tools and the vast interconnectivity of the World Wide
Web, it becomes increasingly difficult to determine between foreign
and domestic sources of cyber warfare. This creates a dilemma in the
minds of the states who have to deal with it. A popular phrase “If you
don’t know who is attacking you, then you cannot defend yourself”.
Within the different states of the world, there are agencies which deal
and give a response to cyber incidents. These agencies are maintained
as separate entities for legal reasons. The use of third parties by
adversaries is on a rise to conduct cyber warfare attacks that further
complicates this issue.
 Expanded Role for Perception Management18: The adversaries of
global peace have now had the ability to effortlessly manipulate public
perception by digitally manufacturing information and altering

17
See, Raymond C. Parks, Principles of Cyber-Warfare. 122.
18
Ibid

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 multimedia files. The cyber world never sleeps it is available 24 hours
a day.
 Counter-perception management: It may take away an important
element of the original mission or may cause the mission to be
cancelled outright if the efforts are not successful. Perception
management requires an equal amount of counter-perception
management. This effort consumes valuable resources. American
participation in Somalia Operations from 1992-1994 was a case in
point. The Clinton administration’s efforts were doomed when it could
not counteract the negative domestic perceptions caused by photos
showing a dead American service member being dragged through the
city streets of Mogadishu.19
 Lack of Strategic Intelligence on part of the states: Traditional
intelligence gathering methods and analytic techniques are outdated
and should be changed so that they are in consonance to the present
day as the current intelligence and law enforcement organizations are
not prepared for cyber warfare intelligence gathering. The question
often raised is that who legally collects the intelligence. The
Adversaries can operate on Internet time and are able to stand up and
take down cyber-attack centres faster than our ability to identify and
evaluate their intentions. So the job shall be assigned so that there is a
quick response mechanism and cyber-attacks become a part of history.
Upgrading the security posture shall be of paramount importance to
achieve the goal of eradication of adversaries.
 Difficulty in providing Tactical Warning System and Attack
Assessment System: The main reason of a cyber-attack is the ease and
availability of cyber warfare tools and the fact that anyone can
potentially launch a cyber-attack and that there is a very little

19
Somalia Intervention Military Operations (1992-1995), Encyclopaedia Britannica (Sep. 08,
2017 7:13 PM) https://www.britannica.com/topic/Somalia-intervention .

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 difference between a single hacker attacks to the nation-state attacks.
Consequently, the biggest concern is that we cannot figure out when an
attack is underway or how the attack is being conducted, or by whom
the attack is being carried out. The anonymous nature of cyberspace
makes it’s one of the most dangerous areas in the battle of protection
of rights of citizens but it can be pierced over time but the initial cyber
assault favours the attacker.
 Difficulty in Building and Sustaining Coalitions among the nations
of the world: Coalition warfare is the choice warfare method preferred
by the developed nations. However, collective network security may
sound good only on the paper but in the practical world it leads to a
weakened support system. Less advanced nations in the field of
technology can lead to the entry of potential hackers as these nations
may not have the security barriers which helps to stop the invasion of
hackers into highly classified information maintained by the states.
Upgrading the security posture of the less developed nation shall be of
paramount importance so that it ensures that our coalition members are
not the potential targets of security breaches but this requires a
significant investment of resources due to which such a goal is not
achieved.
 Vulnerability of increasingly dependent on complex,
interconnected, and networked information systems. Consequently,
our vulnerability to cyber warfare operations will increase over time
and thus we will be providing our adversaries with a target to a rich
and hostile environment.20 There is a need for a strong defence
mechanism to counter such a threat.

20
Supra note 17 at Page 11

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 IV. Terrorism of the future

The future of terrorism and terrorism of the future are two different issues. It is
safe to assume that states may be able to carry out counter terrorist operations
whenever such a situation arises but it is safe to assume that it cannot be
eliminated in the near future considering the fact that more and more terror
organizations are making their mark on the global platform the future of
terrorism does not seem to bring prosperity to the people and it is safe to
assume that though there exist no future of terrorism but there will be
terrorism in the future and the nations shall be prepared as the power of the
enemy is at a constantly rising.

As per a report by Institute for Economics and Peace (IEP) in 2014, the total
number of deaths from terrorism increased by 80 per cent when compared to
the prior year and is considered the worst year. This is the largest yearly
increase in the last 16 years. Since the beginning of the 21st century, there has
been a nine-fold increase in the number of deaths from terrorism, rising from
3,329 in 2000 to 32,685 till 2014 and then a ten per cent decrease in 2015 to
29,376.21The nations have launched plans to combat terror by establishing
quick response teams so that a quick response actions can be carried out for
e.g. India has Special Task Force which only deals with counter-insurgency or
anti-terrorism missions.

The government should make efforts to stop radicalization and terrorist

recruitment and keep a check that no such acts of vandalism are committed.

The future of cyber-terrorism is where the physical and virtual worlds would
converge. As daily the users of cyber space are increasing so are the
challenges associated with combating cyber related crimes will increase in the
near future. With the roots of terrorism seeping deeply into the cyber world the

21
Supra note 4 at Page 3

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future does not hold good, only means to survive such attacks is using
encrypted data and at the same time people should be made aware of the
threats and the state machinery shall be prepared for such attacks and instances
such as the three-week cyber-attack on Estonia which threatened to black out
the country's digital infrastructure, infiltrating the websites of the nation’s
banks and political institutions shall not be carried out in the future. 22 This
convergence of the physical and virtual worlds is growing at a very fast pace
and is getting complex as we venture further into technological dependence.
As each day passes and we move ahead into the computerization of every task
and process that we face we are becoming ever more inextricably reliant and
dependent on the convergence of these two worlds. As we are moving into the
next age of human civilization we are also moving into a new age of threats
and unseen obstacles which if not resolved may lead to serious damages.

The views of experts plays a vital role. Andrew Colarik of the USA and Lech
Janczewski of New Zealand experts in the field of cyber terrorism put forward
there view that, “In the context of information security the terrorists may come
in many forms such as politically motivated, anti-government, anti-world
trade, and pro-environmental extremists”.23The main aim left is to combat
each one in a different way.

The promotion of Defensive Cyber warfare system shall be done which shall
be designed to operate across the entire range of military and non-military
operations to achieve the common goal of world peace.

22
Hackers take down the most Wired country in Europe, Wired, (Sep. 09, 2017 at 10:39 PM)
https://www.wired.com/2007/08/ff-estonia/.
23
Janczewski, L. & Colarik, A. (2008). “Cyber Warfare and Cyber Terrorism”. Page xiii.
Information Science Reference, Hershey – New York

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 V. CONCLUSION
“Little minds try to defend everything at once, but sensible people
look at the main point only; they parry the worst blows and stand a
little hurt if thereby they avoid a greater one. If you try to hold
everything, you hold nothing.”
-Frederick the Great, 1749

Historically, each and every tyrannical ruler met its fate so will terrorism but
in order to remove an evil large sacrifices have to be paid. Similarly terrorism
cannot be removed until or unless states do not work together by ignoring the
differences that exist between them and they must act as a global community
to fight against terrorism only then can terrorism be completely eradicated
from the world.

Terrorism is expanding its wings and so is affecting each and every one’s life.
The massive war on the cyber space is an attempt to paralyze the entire world.
The solutions available to combat the cyber criminals is limited and thus
affecting the entire structure on which the fight to cyber terrorism is based.
The only way to combat cyber criminals is when a computer security advisory
states that the people, the organization, and the states are safe behind antivirus,
firewalls behind a system put into place by people who have never fought
cyber-battles, behind audit trails, passwords, and encryption to tell that it is a
dangerous fallacy they have and that the only solution to prevent cyber-attacks
is the quick deployment of a counter cyber terrorist someone who knows what
you are up against, someone who lives in the world of the people who are into
cyber-crimes, attacking someone who can train the people who must fight the
battles may prove to be the best bet in the future.

Terrorism eradication shall be the war cry of the nations and a lot shall be
done so that the practice of inducting in a terrorist organization shall be
stopped.

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Author: Advitya Singh Sambyal

Designation: Student

Affiliation: Army Institute of Law, Sector 68, Mohali

Specialization: B.A. LLB

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