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International Cyber Crime Law

Posted By admin / September 8, 2016 / Consumer Protection, Corporate, General Legal, Legal Drafting / 0 Comments

Introduction

Internet has opened doorways to cyber crime on domestic as well as global electronic networks. Illegal activities through internet on these international networks are quite common as well as frequent. Today, Information and communication technology is the necessity of human beings as it plays an important role in both business as well as inter-personal operations. In consideration to increase in cyber crimes on global level, countries across the world have come together to fortify the legitimate war against international cyber crimes.

The current scenario

Several countries have harmonized together and have prescribed international actions from 4 different levels. It includes professional legislative efforts, regional endeavors, multi-national endeavors and global international efforts. The objective of these actions is to foster security awareness at domestic as well as global levels, synchronization of legislation at these levels, proper coordination and support between law-enforcement institutions and effective use of direct anti-cybercrime actions.

Kind of cybercrime offences

Cybercrime offences broadly cover the following illicit cyber acts or internet attacks which are internationally recognized by countries as critical cyber offences:-

  • Hacking/Illegal access
  • Espionage of data or data interference
  • Offences relating to content i.e. pornographic material, racial/hate speech, material causing religious offence, spam etc.
  • Intellectual property related offences i.e. cyber copyright infringement, phishing, cyber-squatting etc.
  • Fraud relating to internet banking, forgery of digital documents or any other computer relating offence.
  • Cyber terrorism, cyber warfare and cyber laundering
  • Malware, social engineering scams etc.

 

International measures to combat cyber crimes:

  1. Formation of international Professional Organizations:

Interpol, the international telecommunication union and many other dedicated organizations are set up to tackle cyber crimes by coordinating with domestic law enforcement agencies and legislation. They also contribute in harmonizing as well as boasting counter cyber-crime capacity at global level. Their role is to recognize the legal gaps and loopholes in the legal framework and system of different countries and thus, finding right ways to remove such gaps.

 

  1. Regional international organization:

There are mainly 4 organizations who are actively participating and taking actions in fighting against the evils of cyber crimes. They are Asia-Pacific Economic Cooperation (APEC), Council of Europe (COE), The European Union (EU) and the Organization of American States (OAS). The members of these organizations have created committees, introduced preventive measures, enacted legal frameworks and recognized effective cyber security strategies to combat cyber crime and have put in efforts to create a culture of cyber security at regional or domestic level.

 

  1. Multi-National Endeavors:

The scope and range of multi-national international organization is much wider than professional organizations or regional organizations. Their actions and regulations affect broader territorial environment and places. In all, there are three main organizations which have taken direct, effective and timely actions in harmonizing cyber laws of its member countries. These are Group of 8(G8) countries, The Commonwealth of Nations and the Organization of Economic Cooperation & Development (OECD). These organizations have formulated exclusive charters, focused principles and enforceable guidelines for the protection of privacy, free flow of information and security of transactions done via electronic networks.

 

  1. United Nation’s global international efforts:

United Nations Organization (UNO) is a global organization having 191 member countries and has the capacity to take actions that can promote unique benefits in coordinating international positions. It has enacted several resolutions to improve cyber security awareness at domestic as well as international level.

Conclusion

The direct anti-cyber crime actions emphasize on two main things i.e. cyber crime prevention and cyber crime investigation. All the aforementioned different organizations have taken independent, individual and adequate measures with specific emphasis on anti-cybercrime. In all, the focus of international organizations is to harmonize, legislate, coordinate, co-operate in law enforcement at global level and thereby taking direct anti-cyber crime actions. The member countries are required to follow the guidelines of the respective organizations and to formulate laws in accordance to the same. In actual, there are many impediments in combating cybercrimes like no proper evidence, technology, and regulations etc which require substantial attention at global level.

 

Written & Published in iwilindia.com

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