JUST IN: In response to the Guidelines discussed here and the number of queries received on it by various stakeholders, CERT- In has released FAQs on May 18, 2022, which can be accessed at : https://www.cert-in.org.in/PDF/FAQs_on_CyberSecurityDirections_May2022.pdf
On April 28, 2022, the Indian Computer Emergency Response Team (CERT-In) issued directions relating to information security practices, procedure, prevention, response and reporting of cyber incidents for Safe & Trusted Internet (“Directions”). CERT-In serves as the national agency for performing various functions in the area of cyber security in the country as per provisions of Section 70B of the Information Technology Act, 2000. The Directions will become effective after 60 days from the date of which is its issued (i.e. April 28, 2022)
The Directions issued are as follows:
1. All service providers, intermediaries, data centres, body corporate and Government organisations shall connect to the Network Time Protocol (NTP) Server of National Informatics Centre (NIC) or National Physical Laboratory (NPL) or with NTP servers traceable to these NTP servers, for synchronisation of all their ICT systems clocks. Entities having ICT infrastructure spanning multiple geographies may also use accurate and standard time source other than NPL and NIC, however it is to be ensured that their time source shall not deviate from NPL and NIC.
2. Any service provider, intermediary, data centre, body corporate and Government organisation shall mandatorily report cyber incidents as mentioned below to CERT-In within 6 hours of noticing such incidents or being brought to notice about such incidents.
-Targeted scanning/probing of critical networks/systems
-Compromise of critical systems/information
-Unauthorised access of IT systems/data
-Defacement of website or intrusion into a website and unauthorised changes such as inserting malicious code, links to external websites etc.
-Malicious code attacks such as spreading of virus/worm/Trojan/Bots/ Spyware/Ransomware/Cryptominers
-Attack on servers such as Database, Mail and DNS and network devices such as Routers vii. Identity Theft, spoofing and phishing attacks
-Denial of Service (DoS) and Distributed Denial of Service (DDoS) attacks
-Attacks on Critical infrastructure, SCADA and operational technology systems and Wireless networks
-Attacks on Application such as E-Governance, E-Commerce etc.
-Data Breach
-Data Leak
-Attacks on Internet of Things (IoT) devices and associated systems, networks, software, servers
-Attacks or incident affecting Digital Payment systems
-Attacks through Malicious mobile Apps
-Fake mobile Apps
-Unauthorised access to social media accounts
-Attacks or malicious/ suspicious activities affecting Cloud computing systems/servers/software/applications
-Attacks or malicious/suspicious activities affecting systems/ servers/ networks/ software/ applications related to Big Data, Block chain, virtual assets, virtual asset exchanges, custodian wallets, Robotics, 3D and 4D Printing, additive manufacturing, Drones
-Attacks or malicious/ suspicious activities affecting systems/ servers/software/ applications related to Artificial Intelligence and Machine Learning
3. When required by order/direction of CERT-In, for the purposes of cyber incident response, protective and preventive actions related to cyber incidents, the service provider/intermediary/data centre/body corporate is mandated to take action or provide information or any such assistance to CERT-In, which may contribute towards cyber security mitigation actions and enhanced cyber security situational awareness. The order / direction may include the format of the information that is required (up to and including near real-time), and a specified timeframe in which it is required, which should be adhered to and compliance provided to CERT-In, else it would be treated as non-compliance of this direction. The service providers, intermediaries, data centres, body corporate and Government organisations shall designate a Point of Contact to interface with CERT-In.
4. All service providers, intermediaries, data centres, body corporate and Government organisations shall mandatorily enable logs of all their ICT systems and maintain them securely for a rolling period of 180 days and the same shall be maintained within the Indian jurisdiction. These should be provided to CERT-In along with reporting of any incident or when ordered / directed by CERT-In.
5. Data Centres, Virtual Private Server (VPS) providers, Cloud Service providers and Virtual Private Network Service (VPN Service) providers, shall be required to register the following accurate information which must be maintained by them for a period of 5 years or longer duration as mandated by the law after any cancellation or withdrawal of the registration as the case may be:
-Validated names of subscribers/customers hiring the services
-Period of hire including dates
-IPs allotted to / being used by the members
-Email address and IP address and time stamp used at the time of
-registration / on-boarding
-Purpose for hiring services
-Validated address and contact numbers
-Ownership pattern of the subscribers / customers hiring services
6. The virtual asset service providers, virtual asset exchange providers and custodian wallet providers (as defined by Ministry of Finance from time to time) shall mandatorily maintain all information obtained as part of Know Your Customer (KYC) and records of financial transactions for a period of five years so as to ensure cyber security in the area of payments and financial markets for citizens while protecting their data, fundamental rights and economic freedom in view of the growth of virtual assets.
While the compliances prescribed under the Direction are wide in nature, the requirement for timebound reporting, amongst other compliances, may be onerous the applicable service providers. Non compliances of the Directions, can invite punitive action under Section 70-B(7) of the Information Technology Act, 2000, which can extend to imprisonment for up to a year, and/or a fine upto INR 100,000, in addition to others section therein, which may be invoked, as applicable. CERT-In serves as the national agency for performing various functions in the area of cyber security in the country and continuously analyses cyber threats and handles cyber incidents tracked and reported to it. These Directions are a result of analysis of certain gaps causing hindrances, while handling cyber incidents and interactions with the constituency.
