New Delhi: With cyberattacks becoming more sophisticated and targeting critical infrastructure, financial systems, and public institutions, a memorandum of understanding (MoU) on Cybercrime Investigations signed between India and the US signals a strategic partnership aimed at improving intelligence sharing, strengthening law enforcement collaboration, and developing innovative solutions to combat cybercrime.
The MoU was signed between India’s Ambassador to the US Vinay Kwatra and Acting United States Deputy Secretary of Homeland Security Kristie Canegallo in Washington, according to a statement issued by the Ministry of External Affairs on Saturday.
“Cybercrime has intricate linkages with the common security challenges faced by India and the US, such as terrorism and violent extremism, terror financing, drug trafficking, organised crime, human trafficking, illegal migration, money-laundering and transportation security,” the statement reads. “The MoU on Cybercrime Investigations will enable further strengthening of India-US security cooperation, as part of our comprehensive and global strategic partnership.”
From India, the Indian Cybercrime Coordination Centre (I4C) and the Ministry of Home Affairs (MHA) are responsible for the execution of the MoU. From the US side, it is the Department of Homeland Security (DHS), and its constituent agencies, the US Immigration and Customs Enforcement (ICE) and the Homeland Security Investigations Cyber Crimes Center (C3).
The MoU allows the respective agencies of the two countries to step up the level of cooperation and training with respect to the use of cyber threat intelligence and digital forensics in criminal investigations.
The MoU is a major outcome of the ongoing India-US Cyber Dialogue that was initiated way back in 2011. Established to address mutual concerns in cyberspace, this platform facilitates cooperation on cybersecurity, cybercrime investigations, and the development of norms for responsible behaviour in cyberspace.
Cyberattacks often target democratic institutions, such as election systems, media, and public discourse. By working together, India and the US can develop frameworks to protect democratic processes from manipulation and misinformation campaigns.
India and the US play influential roles in shaping global policies on cyber governance. Their partnership in advocating for open, secure, and stable cyberspace helps establish norms that prevent the misuse of digital technologies and ensure accountability for malicious actors.
“This MoU is remarkable because India is still not a party to the Budapest Convention,” Pavan Duggal, advocate in the Supreme Court and cyber law expert, told ETV Bharat. “Consequently, India does not have access to the global cyber cooperation mechanism. As such, we find that Indian cybercrime investigations often come to a dead end.”
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address internet and cybercrime harmonising national laws, improving investigative techniques, and increasing cooperation among nations. It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe’s observer states Canada, Japan, the Philippines, South Africa and the US.
The Convention and its explanatory report was adopted by the Committee of Ministers of the Council of Europe at its 109th Session on November 8, 2001. It was opened for signature in Budapest, on November 23, 2001, and it entered into force on July 1, 2004. As of January 2025, 78 states have ratified the convention, while a further two states (Ireland and South Africa) have signed the convention but not ratified it.
However, India is among some major countries that have declined to adopt the Convention on the grounds that they did not participate in its drafting. Duggal explained that New Delhi has strong reservations about Article 32D of the Convention which impacts the sovereignty, security and security of India.
Article 32D of the Budapest Convention deals with cooperation regarding the expedited preservation of stored data. It is part of the Second Additional Protocol to the Convention, which was adopted to enhance cross-border cooperation in cybercrime investigations. This specific article outlines the procedure for preserving electronic evidence - specifically stored data – across borders.
India’s decision not to become a party to the Budapest Convention reflects its concerns about data sovereignty, cybersecurity autonomy, and jurisdictional independence. Instead of aligning with a European-led framework, India is focusing on bilateral and regional arrangements that provide greater control over its cybersecurity environment and data security. While the Budapest Convention offers a standardised approach to addressing cybercrime globally, India’s unique legal, privacy, and cybersecurity priorities make it hesitant to join an international treaty without the necessary guarantees of data protection, national security, and autonomous enforcement mechanisms.
According to Duggal, the new India-US MoU will open new doors for cooperation.
“This will further help in fighting cybercrime in India,” he said. “A lot of cybercrime information comes up in American servers. This will also help in fighting cybercrimes emanating from Southeast Asia targeting Indians.”
The Government of India is engaged in rescuing thousands of Indian nationals trapped in cyber scam centres in Southeast Asia. In a written statement in the Lok Sabha in November last year, Minister of State for External Affairs Kirti Vardhan Singh said that 2,358 Indian nationals, including software engineers, have been rescued from three Southeast Asian countries – 1,091 from Cambodia, 770 from Lao PDR, and 497 from Myanmar.
Singh said that though the government is taking all possible steps to curb this menace, dubious firms involved in fake recruitment job offers lure Indian nationals mostly through social media channels to Southeast Asian countries including Cambodia, Myanmar, Laos PDR and make them carry out cybercrimes and other fraudulent activities from scam centres operating in these countries.
“This India-US MoU will open new doors for exchange of information and facilitate prosecution,” Duggal said. “This will make cyberspace in India and the US more safe.”
According to Amol Kulkarni, Director (Research) in the CUTS International think tank and a specialist on digital economy and cyber security, the MoU is a good step forward given that India has a huge online population and cybercrimes are on the rise.
“India will benefit from additional information, resources and skill sets that will help counter cybercrimes emanating from outside the country,” Kulkarni said. “This also gains prominence in view of the new digital laws that India is promulgating. Cooperation in internet governance is the need of the hour.”
