|
Crime is an act or
omission, which is prohibited by the law particularly criminal.
Cyber-Crime is the latest and perhaps the most specialized and
dynamic field in cyber-laws.
One of the greatest lacunae of this field is the absence of a set
of comprehensive law anywhere in the world. Further the
growth ratio of internet and cyber-law is not proportional
Too.
The era of nuclear warfare conceived the idea of a system which
could even survive the devastation of nuclear weapons. "A
post-apocalypse command grid" was the original idea for
Internet -'Bruce Sterling' has stated. The idea of 'internet' was
conceived in the early 60's while a code for its regulation was
mooted in late 90's . This clearly brings about
the reason for the complication of cyber-crime. Cyber-Crime may be
said to be an act which violate netesthetics.
India has enacted the first I.T.Act,2000 based on the UNCIRAL
model recommended by the general assembly of the united
nations by a resolution dated 30th.jan.1997 .The preamble to
this Act gives a very clean picture in this regard.
Chapter XI of this Act deals with offences/crimes along with
certain other provisions scattered in this Acts .The various
offences which are provided under this chapter are -Tampering
with Computer source documents
S.65; Hacking with Computer systems
S.67; Access to protected system
S.70; Misrepresentation
S.71; Breach of Confidentiality and Privacy
S.72; Fraud
S.74; Further Chapter IX u/p of S.43 restricts the damage to
Computer,
computer system, etc.
Commission of Cyber-Crime may be broadly divided against
three basic groups -
1. Individual
a. person &
b. property of an individual
2. Organization
a. Government
c. Firm, Company, Group of Individuals.
3. Society at large
The following are the crimes, which can be committed against
the followings group
Against Individuals -
i. Harassment via e-mails.
ii. Cyber-stalking.
iii. Dissemination of obscene material.
iv. Defamation.
v. Hacking/cracking.
vi. Indecent exposure.
Individual Property: -
i. Computer vandalism.
ii. Transmitting virus.
iii. Netrespass.
iv. Unauthorized control over computer system.
v. Hacking /cracking.
Against Organization: -
i. Hacking & Cracking.
ii. Possession of unauthorized information.
iii. Cyber terrorism against the government organization.
iv. Distribution of pirated software etc.
Against Society at large.
i. Pornography (basically child pornography).
ii. Polluting the youth through indecent exposure.
iii. Trafficking.
The elementary problems, which are associated with
Cyber-Crimes, are: -
i. Jurisdiction is the highly debatable issue as to the maintainability
of any suits which has been filed.
Today with the growing arms of cyberspace the growing arms of
cyberspace the territorial boundaries seems to vanish
thus the concept of territorial jurisdiction as envisaged
under S.16 of C.P.C. and S.2.of the I.P.C. will have to give
way to
alternative method of dispute resolution.
ii. Loss of evidence is a vary common & expected problem as
all the data are routinely destroyed. Further collection
of data outside the territorial extent also paralyzes
this system of crime investigation.
iii. Cyber Army- There is also an imperative need to built a high technology
crime & investigation infrastructure, with highly
technical staff at the other end.
iv. A law regulating the cyber-space, which India has done.
v. Though S.75 provides for extra-territorial operations of
this law, but they could meaningful only when backed
with provision recognizing orders and warrants for Information
issued by competent authorities outside their jurisdiction and
measure for cooperation for exchange of material and evidence of computer
crimes between law enforcement agencies.
vii. Use of incepted massages , virtually private networks etc. also
create a big problem to trace the activities of
cybercriminals.
viii. Cyber savvy judges are the need of the day. Judiciary play
a vital role in shaping the enactment according to the order
of the day.One such stage, which needs appreciation is the P.I.L.
which the Kerela high Court has accepted through an email.
ix. The procedural obligation which have to be fulfilled such as
letterstrogatery U/s 166A & 166B of the Cr.P.C. and bar in
case of crimes committed outside India. (i.e. prior
approval of the central government.).
'Perfect' is a relative term. Nothing in this world is perfect.
The persons who legislate the laws & by-laws also are
neither perfect. The laws therefore enacted by them nor can
be perfect. This law has emerged from the womb of globalization.
It is at the threshold of development. In due course of exposure through
varied & complicated issues it will grow to be a piece of its
time legislation. |
More
Articles:
The
author can be reached at: p.a.s.pati@legalserviceindia.com /
