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The Challenge Of “Silent Cyber” In Maritime Logistics




Lushita Banik, LLM (BL), Amity University Noida


ABSTRACT


Now shaping the sector, digital tools have become routine across ships, harbours, and shipping chains - automation runs deep, satellite tracking guides routes, and data flows link every step. Efficiency gains come at a cost: lines between online threats and real-world harm grow thin as systems connect. Hidden exposure emerges when cyber incidents slip through policy wordings - an uncertainty known as "silent cyber," where coverage stays undefined by design. Not covered outright, yet not ruled out either, these gaps unsettle standard marine insurance terms. Seaworthiness rules now face pressure under outdated statutory language. Legal strain becomes visible when comparing India’s 2000 IT Act against modern contractual responses like the BIMCO Cyber Security Clause from 2019. Outdated laws meet new clauses with little alignment, leaving liability unclear. Uncertainty lingers where statutes stop short and contracts stretch further. Beginning with legal doctrine and academic sources, this piece examines whether digital vulnerabilities can undermine a ship's seaworthiness. Cyber-caused physical harm often slips through gaps in established marine coverage models. Existing rules fail to properly manage online dangers within smart harbours like JNPT. Attention turns to the need for updated standards when technology reshapes port systems. Incorporating digital threat oversight into shipping laws appears necessary. So does revising insurance terms to reflect modern hazards. Safety and durability in ocean logistics depend on these shifts. Without them, risks grow unchecked.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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