Crime lawyer

Tuesday, January 12, 2010

Cyber Crime Law Separating Myth From Reality

Remember, Bruce Willis, the lead in the fourth installment of the
Die Hard series last summer? Live Free or Die Hard Willis shows how the New
York Police Detective John McClane, of the order, a tape recorder
Gang of "cyber-terrorists intent" about the closure of the world's Internet.
In today's increasingly volatile world of mobile Web sites activated bombs and
various militant groups, it is not difficult to imagine that the Die Hard scenario
Also materialize in real life.

One of the most fascinating aspects of modern technology is how it is
penetrated every sector and strata of society. Each of the uneducated
Mechanics of high-profile CEO of a company now leads a
mobile and is the one known as a computer. The infiltration of technology into
Our communities have largely proved to be advantageous. But like everyone else
well as technology can be used.This exploitation, including
Things that is committed with or against certain crimes carried out
Computer containing their affiliated networks and the information in them.
So it came the creation of cyber-crime.

Although the term is now used in law circles, are differences of opinion
a lot about what really entails cyber-crime. Naavi.org President,
Cyber Law of India's largest information portal suggests that the terma
Misnomer. "The concept of cyber-crime is not radically different from the
conventional crime, "according to a report on the portal" Both are behavior
whether cause of action or omission, violation of law and [are]
compensated by the sanction of the state. cybercrime can be said that [a
of] those species from which the genre of conventional crime, and if either
The computer is an object or subject of theBehavior in the form of crime "

But despite the similar legal status of both conventional and cyber crime
they are essentially different in practice. Cyber-crimes are much easier to
To agree to use fewer resources compared to the potential harm
causes that can be committed in a country without a physical presence in,
and until recently has been their status as illegal, at best, vague. Since the
Global Technology Policy andMcConnell Consulting Institute
Notes in a comprehensive report on this subject in many countries existing archaic
Laws threaten the global information society dynamic

"The growing threat of crime against the computer or against guilty
Information on computer starts the attention in the national capitals to demand.
In most countries around the world, however, existing laws are likely to
unenforceable against such crimes. "

The report added:"Existing terrestrial laws against physical acts of trespass
or burglary are often not on their "virtual" counterparts. New
Types of crimes can fall between the grid. "

In addition, more effective law enforcement is further complicated by the
transnational nature of cyberspace.

"Mechanisms of cooperation across national boundaries are complex and slow. CyberLink
Criminals can defy the conventional judicial areas of sovereign nations,
Originan attack from almost any computer in the world, and you pass in
several national boundaries, or designing attacks that appear to be originating
from foreign sources. Such techniques dramatically increase both the technical
and legal complexity of the investigation and prosecution of cyber crimes. "

Themselves from those who would steal, protect and deny access to, destroy or
valuable information to the public and private institutions increasingly rely
on securityTechnology. But in today's world of rapid e-commerce, even
Protection, however essential, but can not substitute for a lack of legal certainty
Protection. Many countries, therefore, now have their own laws against
engage in such activities.

The Act covers two basic types of cyber crimes. One in which computers
own targets (such as criminal data access, data damage, malignant
Code, and various other types of theft of information over computer networks), while
otherIn which computers and other technology is being used as an instrument to commit
virtual versions of the various conventional crimes (such as cyber-terrorism,
electronic fraud and forgery, cyber stalking and spamming, etc.).

For the average Internet surfer, unaware of the technical definitions of most
these offenses, the law can seem confusing at first glance. It is
No surprise, then, that disagreements over the regulation of the
Interpretation remainalso in the broader legal fraternity. In particular, it
has come under criticism from civil rights groups and a section of lawyers who
they denounce as "effective and practically useless [...] against cyber crime"
But yet to create "enormous obstacles and nuisances for IT-enabled
[...] Companies and individuals "as well as significantly sacrificing individual
Freedoms, such as privacy.

Mark Tamale (former member of the Information Technology LawForum and the
Ministry of Science and Technology), at the head since
Awareness campaign, "Take a sip from the cyber-crimes legislation" critical
these and other parts of the regulation as well as ambiguous. It implies that
the law could make as a result, even something as innocuous as google
'How to build a nuclear bomb "a" terrorist act ". Certainly, however, who" knowingly
engaged in "part of the statue and the subsequentDefinition of

"Terrorists ic intent" should such a highly unlikely possibility.

A pressing concern, however, at least for the average citizen would be
Privacy. Sections of the Act in relation to corporate responsibility require that all
Internet service providers to store up to 90 days of data on consumers'
Use of the Internet. The service providers have in turn required by law to comply
with federal law enforcement authorities if they require such data. Suchwidth
reaching powers to law enforcement authorities are a common feature of
Regulation, which also authorizes the Federal Investigation Authority for the issue
Arrest without direct involvement of the judiciary.

This means that, in fact, if the people found out how you took a picture of the
Man, always at the beginning of your track and then posted it in your
Blog, then you can end up in prison (§ 13 (d) of the Act makes it illegal to
distributed to any image on the Internet, without the prior express consent of the
Person in the picture). You may also be arrested for the bombing of all your
defined frands with Valentine's Day wishes (§ 13 as cyber-stalking
"communicate obscene, vulgar, profane, lewd, lascivious or indecent language,
Image or images force with the intent to harass or to intimate any person
a computer network, Internet, network, website, e-mail or other similar
Means of communication ").

Worse, if you assign each of the 21 crimes recorded in the accounts in your
Office space, you will not only end up in prison themselves, but land with your supervisor
in hot water as well. For section 21, on crimes committed by a corporation, owned by
responsible for all acts that were committed, or at their direction,
for its benefit. Some of these definitions, the very standards by non-professional color
abstruse criteria.

Even if abears legitimate concerns about the lack of procedural safeguards
and due process to protect the rights and freedoms of individuals, an
can not help but wonder how it will be a nightmare to implement the law, and
then prove the allegations in a study, especially given the international nature
of cyber-crime. Unless, the crimes mentioned in it are defined in a manner
consistent in other international jurisdictions, coordinated efforts by law
Law enforcement agencies to combat cyber-crime will remain complicated and highly
unsuccessful. There is also a very urgent need to educate law enforcement officers to
participated on the nature of the technology so that they can distinguish
appropriately between a casual surfer and a real cyber-criminals. The reputation of the past
do not leave our law enforcement agencies, one with a lot of confidence in this
Respect.

In short, is a separate regulation for cyber-crimeit is obvious a step in the
right direction. After all, rule of law in any capacity whatsoever, shall
to bloom a trusted environment for business and individuals,
Work in. But just pass a law has never been enough to curtail a crime has been delegated;
The real deterrent is the implementation and public awareness.



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