Cyber law international perspective
By – Pallabi Paul:-
In today’s era of rapid growth,internet has become a important tool for completion of research work,invention of drugs and medicine,it has made communication very easier as compared to earlier days ,Computers are used to store data easily which may be related to political,social,economical, cultural,personal matters.The rapid growth of science and technology and development in internet facilities has also created dangers in the society as many cyber offences take place by use of the internet and that may affect the country across the globe.There is need for awareness and necessary legislation in all the countries to prevent cyber crime.
Cyber crime are evolving and new trends are emerging all the time .We are seeing exceeding multifaceted cyber criminals network that collaborate from across the world and are as to commit crimes in a large number.
The cyber crime is a new subject the world is dealing with The information found on the subject is shallowed.The cyber crime problem is not a national problem but its s problem all over the world.The cyber crime is a term for illegal activities that employs a computer as its primary resources.The cyber crime are considered as illegal,unethical ,unauthorized behavior of people relating to computer or communication device or use of computer system or network.The common types of cyber crime are given below-
~Against individuals
~Against person of individual
~Against property of individual.
~Against organizations
~Against society at large
Under offence against person of individual includes the following cyber crime
~Hacking/Unauthorized access or communication device
~Harassment through.email or using other social media sites
~Indecent exposure
~Cyber Defamation
Under offence against property of individual includes the following cyber crime
~Computer vandalism
~Intrusion of viruses
~Unauthorized control over computer system
~Hacking of the computer device or websites
Under cyber crime against organizations includes the following :
~Possession of unauthorized information
~Hacking/ Cracking
~Distribution of pirated software
~Cyber terrorism against government
Under cyber crime against the society at large includes the following cyber crime
~Cyber Pornography
~Trafficking
~Polluting the society by disseminating ~illicit material or violent material
Establishing a suitable framework
There is a need of well defined legislation or suitable framework throughout the globe in order to prevent cyber crime,but this there is absence of comprehensive framework of law across the globe.The cyber law scenario is more complicated than other traditional law because of the reasons that the area related to cyber security or cyber law covers technological matter and that is changing day by day with the advancement of science and technology.
A law implementing agency has to focus the following areas in order to control and prevention of Cyber Crimes,
– Regular monitoring of the scenario relating to cyber crime by reliable feedbacks.
– Operating openness and flexibility to accept and incorporate necessary modifications at appropriate times .
– Distinctly establishing the Authority responsibility guidelines for the Implementing Agency.
Cyber legislation world wide and International organizations
The are certain international organizations developed for the purpose for tackling the issue of cyber crime .The electronic transactions and information law was presented to the Law House in Indonesia in July and when the Council of Europe Convention on Cyber Crime was ratified in Norway in 5th November .It has to remember that many of the International organizations are not binding.
For binding mechanism,geographic scope is usually determined by the nature and framework of organizations.Globally 82 countries have ratified and of signed 1 of the binding cyber crime organization and some countries have signed more than 1 organizations even though there are a possibility of joining more than one international organizations that contributes to cyber crime.
The Council of Europe Cyber Crime Convention has the leading number of cyber crime membership of 43 member states and 5 non member states of the Council of Europe.The league of Arab State Convention have 18 membersnor countries and the Commonwealth of Independent States Agreement had 10 member.If the draft African Union Convention were to be signed by all the members of the African Union ,it could have up to 54 member countries.
The African Union Convention on Cyber security and Personal Data Protection 2014 states that the online activities should be exercised freely except- Gambling even the form of legal authorized betting or lotteries,Legal representation and assistance activities,Activities exercised by notaries and equivalent authorities .The commonwealth of independent State Agreement on Cooperation on Combating offences related to Compute Applications 2007 ,define the type of Criminal Act ,who are the competent authorities ,forms of cooperation to combat cyber crimes and how to request in case of being victimized.
In India,Cyber crime cases are registered under Indian Penal Code and Information Technology Act .The IT Act was enacted in the year 2000 and amended in 2008 .During 2005,302 people are booked under Indian Penal Code 1860 and 179 people were booked under IT Act .whereas in 2012,2873 people were registered under IT Act and 601 were charged under Indian Penal Code.
Cyber Law in many other countries
U.S.A –
Information Technology is now connected with the developed countries because the new techniques in Information technology are used in economical growth.The USA enacted several laws for the protection from cyber crime as well the State of USA passed Federal laws for the protection of cyber law.
The Counterfeit access device and Computer Fraud and Device Act of 1984 prohibits various attacks of Federal Computer System and in those used by Banks .
The Electronic Communication of Privacy Act 1986 (ECPA) prohibits unauthorized electronic eavesdropping.The Computer Security Act 1987 gave National Institute of Information Technology the responsibility for developing security standards for federal computer system,except National Security System that are used for defense
The E Governance Act of 2002 acts as primary legislation for guidance of Federal IT Management and and initiatives to make information and service available online and various cyber security requirements.
UK – UK has passed several legislation to deals with Cyber Crime and regulate the transaction in Cyber space.The first piece of legislation for the protection from cyber crime in Computer was Computer Misuse Act 1990,to make legislation for securing computer material against unauthorized access or modifications or for connected purpose and under this Act punishment for committing cyber offences was 6 month and 5years of imprisonment with fine .
Similarly ,several laws were passed in other developed and developing countries too.
This article demonstrates a comparative study of cyber law in India, US and UK.
In virtual world not delete any word. Cyber crime commity many countries. Some international cyber crime like cyber terrorist many types of Cyber fraud.
Cybercrime only commit only with unawareness person.
I think some make international level act and section on IT act.
A well written article and gives a good insight to cyber laws in these countries.
The article has great depth. It first explains the current scenario in India and then compares it to the other countries such as the US and the UK. The article also gives information about the continental cyber security conventions and the roles they play in their respective continents
This is a very useful article. Gained more information about the cyber world crimes and safety measures. One can see the difference between 3 countries India US and UK.
Information and Communication Technology (ICT) assumes a significant job in guaranteeing interoperability and security dependent on worldwide guidelines. General countermeasures have been embraced in breaking down cybercrime, for example, legitimate measures in consummating enactment and specialized measures in finding violations over the system, Internet content control, utilizing open or private intermediary and PC crime scene investigation, encryption and conceivable deniability, etc. Due to the heterogeneity of law requirement and specialized countermeasures of various nations, this article will mostly concentrate on authoritative and administrative activities of global collaboration
In terms of cyber crimes it may associated to the various forms of internet attack such as hacking, malware,Botnet,Dos
Intrusive offence
Data Espionage,data interference
Introduction to cyber crime is well layed out in the article explaining it enough with types and causes and emphasizing on what is more prevalent and talking about it and concerning about it more and then finely,briefly stated about cybercrimes in other countries their perspective what is missing is the exact cyber laws which are being followed in different countries it’s important to mention that