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Cyber-Crime Hardships To Curb It

Written By : Parthsarathy Pati
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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 aboutthe reason for the complication of cyber-crime. Cyber-Crime may be said to be an act which violate net esthetics.

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; Hackingwith 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 dividedagainst 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 themaintainability of any suitswhich has been filed.
Today with the growing arms of cyberspace the growingarms of cyberspace theterritorialboundaries seems to vanish thus the concept of territorial jurisdictionasenvisaged 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 thedata areroutinely destroyed. Further collection of data outsidethe territorial extent alsoparalyzes this system of crimeinvestigation.

iii. Cyber Army- There is also an imperative need to built a hightechnology 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-territorialoperations of this law, but they couldmeaningful onlywhen backed with provision recognizing orders and warrants forInformation issued by competent authorities outside their jurisdiction and
measure for cooperation for exchange of material and evidence ofcomputer crimes betweenlaw enforcement agencies.

vii. Use of incepted massages , virtually private networks etc.also create a bigproblem to trace the activities of cybercriminals.

viii. Cyber savvy judges are the need of the day. Judiciaryplay a vital role inshaping the enactment according to the order ofthe day.One such stage, which needs appreciation is theP.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 outsideIndia.(i.e. prior approval of the central government.).

'Perfect' is a relative term. Nothing in this world is perfect. The personswho legislate the laws & by-laws also are neither perfect. The laws thereforeenacted by them nor can be perfect. This law has emerged from the womb ofglobalization. It is at the threshold of development. In due course of exposurethrough varied & complicated issues it will grow to be a piece of its timelegislation.

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ISBN No: 978-81-928510-0-6