Cybercrime law separating myth from reality
Remember Bruce Willis, the hero of the fourth installment of the Die Hard series last summer? Live Free or Die Hard Willis describes as the police department of New York detective John McClane, who is responsible for the capture of a gang of 'intention of the cyber-terrorists' in the closure of Internet worldwide. In today 'sincreasingly volatile world of mobile phone activated bombs and websites of various militant groups, it is difficult to imagine the scene of Die Hard materialize in real life too.
One of the most fascinating aspects of modern technology is the way it has penetrated all sectors and strata of society. Everyone from the uneducated mechanic to senior executive profile a company now carries a mobile and aware of what a computer is. This infiltration of technology into our communities have, in general, has proved beneficial. But like all good things, technology can also be exploited. This holding, inter alia, has led to certain crimes committed by or against of
computers, its affiliated networks and the information contained within them.
Thus arose the neologism of cyber crime.
Although the term is widely used in law circles, disagreements are
in abundance in relation to what it really means cybercrime. President of Naavi.org,
India's largest cyber law portal of information suggests that the term is a
misnomer. "The concept of crime cyberspace is not radically different from that of
conventional crime, "he says in a report on the site," Both include conduct
if the act or omission that causes the violation of rules of law and [are]
counterbalanced by the sanction of the State. Cybercrime can say that [a
of] species, of which gender is the conventional crime, and where
the computer is an object or subject of the conduct constituting crime "
However, despite similar legal nature of conventional crime and cyber
that are substantially different in practice. Cyber crimes are much easier to
learn to make, require less resources in relation to the potential damage
caused, can be committed in one jurisdiction without be physically present in,
and until recently, its illegal status has been, at best, vague. As the
global technology policy and consulting Company management McConnell Institute
notes in a comprehensive report on the subject, many countries begin archaic
laws threaten the dynamic global information
"The increasing threat of crimes committed against computers, or against
information on computers, is beginning to claim attention in national capitals.
In most countries around the world, however, existing laws are likely to be
effective against those crimes. "
The report added: "The existing land laws against physical acts of transgression
or burglary and entering often do not cover their "virtual" counterparts. New
types of crimes can fall between the cracks. "
Moreover, the application of law is further complicated by the efficient
the transnational nature of cyberspace.
"Mechanisms of cooperation across borders nationals are complex and slow. Cyber
criminals can challenge the conventional areas of responsibility of sovereign nations,
an attack originating from almost any computer in the world, from the other side
multiple national borders, or the design of the attacks that appear to originate
foreign sources. These techniques dramatically increase both the technical
and legal complexity of investigating and prosecuting cyber crimes. "
To protect of those who steal, deny access to, or destroy
valuable information, the public and private institutions have increasingly resorted
in security technology. But in today's fast world of electronic commerce, auto
protection, however essential, can not by itself compensate for the lack of legal
protection. Many countries, therefore, now have specific legislation against
such activities.
The bill covers two basic types of cybercrime. One in which computers
they themselves are the targets (such as criminal data access, data damage, malicious
code, and other types of theft of information on computer networks), while
the one in which computer and other technology as a tool used to commit
virtual versions of various conventional crimes (such as cyber terrorism,
mail fraud and counterfeiting, cyber harassment and spam, etc.).
For the average Internet surfer, unaware of the technical definitions of most
these crimes, the law may seem rather confusing at first. It
it is no surprise, therefore, that disagreements regarding the ordinance
interpretation persist even in the wider legal fraternity. In particular,
has been under fire from civil rights groups and a section of lawyers
denounced as "practically and effectively useless against crime [...] cyber "
but nevertheless creating "enormous obstacles and noise because it allowed
[...] Companies and individuals " and significantly sacrificing individual
freedoms such as privacy.
Mark Tamale (former member of the Information Technology Forum law and
Ministry of Science and Technology), which has been at the forefront of
awareness campaign, take a bite of the Crimes Act Cyber "has been criticized
this and other sections of the ordinance as being too ambiguous. It is assumed that
the law could therefore do anything yet as harmless as google
"how to make an atom a 'bomb' terrorist act '. Without doubt, however, the' informed choice
participates in "part of the statue, and the subsequent definition of
"terrorist intent-ic 'This should be a possibility highly unlikely.
One of the most pressing concerns, however, at least for the average citizen would
privacy. Sections of the Act on corporate responsibility requires that all
the Internet service providers to store up to 90 days of data on consumers
Internet usage. Suppliers services are also, in turn, legally bound to meet
federal agencies with law enforcement when you require such data. As wide
series of powers of law enforcement agencies are a common feature of
ordinance also empowers the Federal Investigation Authority to issue a
order detention without any direct involvement of the judiciary.
This means that in effect if the people discovered how he took a picture of the
the man who is always early in his lane and then published in its
blog, then you can end up in prison (Article 13 (d) of the bill makes is illegal
distribution of any image on the web without the express prior consent of the
person in the photo). You too can be arrested for the bombing of all
'frands' with the wishes of Valentine's Day (Article 13 defines as cyberbullying
"Communicating obscene language vulgar, profane, lewd, lascivious or indecent,
image or images with the intent to coerce, intimate or harass any person using
one computer network, internet, web site, email or any other similar
media).
Worse, however, if you have committed any crimes 21 is enlisted in the bill in its
office space, not only going to end up in jail yourself, but the land of their heads
in hot water too. For section 21, concerning crimes committed by a legal person, who has any
company responsible for any action that is committed in its instructional and
for their benefit. Some of these definitions, even by the standards of the very secular painting
abstruse criteria.
Even if one ignores the legitimate concerns about the lack of procedural safeguards
and due process to protect the rights and freedoms of individuals, one of
can not help wondering what will become a nightmare for law enforcement, and
then prove the charges in a trial, especially since into account the international character
cybercrime. Unless the crimes mentioned in it are defined in a way
consistent across jurisdictions international, coordinated effort by law
enforcement officials to combat cyber crime will remain largely complicated and
without success. There is also a more pressing need to educate law enforcement
themselves about the nature of the technology so they can distinguish
right between a casual surfer and cyber real criminal. The reputation of the past
our agencies of law enforcement does not leave one with a lot of confidence in this
respect.
In short, a separate ordinance for cyber crimes is itself a step in the
right direction. After all, the rule of law in any capacity is always
to the flowering of a trusted environment for businesses and individuals to
owever, work only pass a law has never been sufficient to stop any crime;
real deterrent effect to be their application and awareness among the public.
About the Author
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