The purpose of this chapter is to analyze terrorist use of technology in the Mumbai attacks of November 2008 and the use of law to prosecute terrorists availing themselves of technological measures to plan and carry out attacks. The Mumbai attacks are also placed in the context of terrorism in India, by looking at identified terrorist groups and incidents. It should be noted that India adopted amendments to its 2000 IT Act in December 2008, following the attacks, and these amendments include provisions related to cyber terrorism, which might be applied going forward if necessary. It should also be noted that Pakistan adopted similar legislation in 2007 and in 2008, and Bangladesh states that it is in the process of adopting such legislation. Both India and Pakistan have made cyber terrorism punishable by death penalties. The definitions of cyber terrorism in their legislation are provided in this chapter. The chapter also analyzes the level of technological know-how exhibited by the alleged terrorists currently on trial in India, Pakistan, and the United States for planning and executing the Mumbai attacks. Recent measures taken by the Indian government to avoid future use of technology by terrorists are also discussed in the context of a democracy needing to balance security with the privacy and liberty of its citizens.
1. Putting The Mumbai Attacks Of November 26, 2008 (“26/11”) Into Context: Indian Terrorism 2008
The U.S. Department of State annual report on terrorism is an excellent source for presenting an overview of the situation in India around the time of the Mumbai attacks, although it does not provide details of technology used in the 26/11 attacks, which are provided elsewhere in this chapter.