In this article we will look at different cybercrime perspectives. We will look at legal perspectives, Indian perspective and from a global perspective.
Contents
Cybercrime: The Legal Perspectives
In the first comprehensive presentation of computer crime, Computer Crime: Criminal Justice Resource Manual (1979), computer-related crime was defined as: any illegal act for which knowledge of computer technology is essential for a successful prosecution. International legal aspects of computer crimes were studied in 1983. In that study, computer crime was defined as: encompasses any illegal act for which knowledge of computer technology is essential for its perpetration.
Watch this video to learn about Cybercrime Perspectives, Indian IT Act, Extended Enterprise and Netizen:
Globalized information systems accommodate an increasing number of transnational offenses. The network context of cybercrime makes it one of the most globalized offenses of the present and the most modernized threats of the future. This problem can be resolved in two ways: 1) To divide information systems into segments bordered by state boundaries 2) To incorporate the legal system into an integrated entity. The first solution is impractical.
Cybercrimes: An Indian Perspective
India has the second highest number of Internet users in the world (in 2017). Most of the Internet access happen from cyber cafes. The age group of most of Indian Internet users is between 18 and 35 years. It is reported that compared to the year 2006, cybercrime under the Information Technology (IT) Act recorded a whopping 50% increase in the year 2007. A point to note is that the majority of offenders were under 30 years. The Indian government is doing its best to control cybercrimes. For example, Delhi Police have trained 100 of its officers in handling cybercrime and placed them in its Economic Offences Wing.
Cybercrime and the Indian ITA 2000
In India, the Information Technology Act, ITA 2000 was enacted after the United Nation General Assembly Resolution A/RES/51/162 in January 30, 1997 by adopting the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. This was the first step toward the Law relating to E-Commerce at international level to regulate an alternative form of commerce and to give legal status in the area of E-Commerce.
It was enacted taking into consideration UNICITRAL model of Law on Electronic Commerce (1996). Cybercrimes are punishable under two categories: the ITA 2000 and the Indian Penal Code (IPC). A total of 207 cases of cybercrime were registered under the IT Act in 2007 compared to 142 cases registered in 2006. Under the IPC too, 339 cases were recorded in 2007 compared to 311 cases in 2006. There are noteworthy provisions under the ITA 2000, which is said to be undergoing key changes very soon (refer Table 1.7 in page 34).
A Global Perspective on Cybercrimes
In Australia, cybercrime has narrow statutory meaning as used in the Cyber Crime Act 2001, which details offenses against computer data and systems. In the Council of Europe’s (CoE) Cyber Crime Treaty, cybercrime is used as an umbrella term to refer to an array of criminal activity including offenses against computer data and systems, computer-related offenses, content offenses and copy-right offenses.
The Spam legislation scenario mentions “none” about India as far as E-mail legislation in India is concerned. The legislation refers to India as a “loose” legislation, although there is a mention in Section 67 of ITA 2000. About 30 countries have enacted some form of anti-spam legislation. There are also technical solutions by ISPs and end-users.
Inspite of this, so far there has been no significant impact on the volume of spam. Spam is used to support fraudulent and criminal activities. As there are no national boundaries to such crimes under cybercrime realm, it requires international cooperation between those who seek to enforce anti-spam laws.
Suryateja Pericherla, at present is a Research Scholar (full-time Ph.D.) in the Dept. of Computer Science & Systems Engineering at Andhra University, Visakhapatnam. Previously worked as an Associate Professor in the Dept. of CSE at Vishnu Institute of Technology, India.
He has 11+ years of teaching experience and is an individual researcher whose research interests are Cloud Computing, Internet of Things, Computer Security, Network Security and Blockchain.
He is a member of professional societies like IEEE, ACM, CSI and ISCA. He published several research papers which are indexed by SCIE, WoS, Scopus, Springer and others.
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