What is CYBER CRIME ?
• The conduct is facilitated by information and communications technology;
• It is motivated by intent to commit harm against a person or an organization or a Government;
• The Intended harm encompasses conduct amounting to interference or damage to either tangible or intangible property owned by an individual or organization; and
• The conduct concerned is criminalized within either the jurisdiction of the victim or the jurisdiction of the accused.
Need for Cyber Laws
Rapid Growth of Information & communication Technologies globally
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Evolution of new breed of Criminals i.e. CYBER CRIMINALS
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Difficulty in applying traditional Laws
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Need for enactment of Cyber Laws
Paper Laws for paperless Environment
•The 1st Computer specific law was enacted in the year 1970 by the German State of Hesse in the form of Data Protection Act.
•In 1990, England became the 1st European Country to enact a law and address computer crimes specifically as The Computer Misuse Act .
•In 2000, India also passed its Information Technology Act.
Global Efforts
• Budapest Convention (2001);
• United Nations Convention against Transnational Organized Crime (2000) and its three protocols;
• European Convention on Mutual Assistance in Criminal Matters (1959);
• Inter-American Convention on Mutual Assistance in Criminal Matters (1992);
• Stanford Draft International Convention to Enhance Protection from Cyber Crime and Terrorism (1999);
• Draft African Union Convention on the Establishment of a Credible Legal Framework for Cyber Security in Africa (2011); and
• Commonwealth Model Law on Computer and Computer Related Crime (2002).
Why Cyber Crime is Global?
•The information and communication technology is globally distributed. Large number of people are using ICTs across the globe.
•There are no cyber- border between countries. They are trans national.
•Easy accessibility to ICTs is another factor making Cyber crimes global.
•Cloud computing (portability and transferability of cloud between servers).
Increase in rate of Cyber Crimes
Trans-jurisdictional barriers
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Subterfuge
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Lack of public outcry / crime reporting
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The inability of key stakeholders in criminal justice systems (investigators, prosecutors, judges ) to grasp fundamental aspects of technology aided crime
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Negative impact on conviction rates.
=> Increased rate of cyber crimes.
How to Combat?
•Urgent need of international binding legal instrument such as a convention on cyber crime under the umbrellas of the United Nations.
•Introduction of uniform and thorough cyber crime reporting mechanisms.
•Constituting special task forces with members who are experts in cyber technology to investigate cases of cyber crime.
•Encouraging the development of technological safeguards for securing the cyber space.
•Cyber crime awareness raising campaigns.
Suggestions
•Creating legal categories of cyber crime offences by tailoring laws to meet changes in technology should be avoided.
•Laws should be made to cover technology broadly within recognized categories of criminal conduct for better effectiveness.
Cyber Crimes are Global, Real and Expanding phenomenon.
LAWSHIP 