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Cyber crime law Separating myth from reality

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<html> <head> <title>Cyber crime law Separating myth from reality</title> </head> <body> <h1>Cyber crime law Separating myth from reality</h1> <div class="info">Author: <a href="http://richelfox.articlealley.com/">Richel Fox</a></div><div class="body"> Remember Bruce Willis, the main protagonist in the fourth installment of the Die Hard series last summer? Live Free or Die Hard depicts Willis as the New York police department detective John McClane who is commissioned to capture a gang of cyber terrorists' intent on shutting down the entire world's internet. In today's increasingly volatile world of mobile activated bombs and websites of various militant groups, it is not hard to imagine the Die Hard scenario materializing in real life as well. One of the most fascinating aspects of modern technology is how it has penetrated every scope and strata of society. Everyone from the uneducated mechanic to the high-profile chief executive officer of a firm now carries a mobile and is aware of what a computer is. This infiltration of technology in our communities has, by and large, proved to be beneficial. But like every other good thing, technology too can be exploited. This exploitation, among other things, has resulted in certain crimes being committed through or against computers, their affiliated networks and the information contained within them. Thus, came about the neologism of cyber crime. Even though the term is now widely used in law circles, disagreements are aplenty regarding what actually entails cyber crime. President of Naavi.org, India's largest cyber law information portal suggests that the term is a misnomer. The concept of cyber crime is not radically different from that of conventional crime, saysÂ in a report on the portal, Both include conduct whether act or omission, which cause breach of rules of law and [are] counterbalanced by the sanction of the state. Cyber crime may be said to be [one of] those species, of which, the genus is conventional crime, and where either the computer is an object or subject of the conduct constituting crime, However, despite the similar legal nature of both conventional and cyber crime, they are substantially different in practice. Cyber crimes are far easier to learn how to commit, require fewer resources relative to the potential damage caused, can be committed in a jurisdiction without being physically present in, and until recently, their status of illegality has been, at best, vague. As the global technology policy and management consulting firm McConnell Institute notes in a comprehensive report on the subject, many countries' existing archaic laws threaten the global information dynamic The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes. The report added, Existing terrestrial laws against physical acts of trespass or breaking and entering often do not cover their virtual' counterparts. New kinds of crimes can fall between the cracks. Furthermore, efficient law enforcement is further complicated by the transnational nature of cyberspace. Mechanisms of cooperation across national borders are complex and slow. Cyber criminals can defy the conventional jurisdictional realms of sovereign nations, originating an attack from almost any computer in the world, passing it across multiple national boundaries, or designing attacks that appear to be originating from foreign sources. Such techniques dramatically increase both the technical and legal complexities of investigating and prosecuting cyber crimes. To protect themselves from those who would steal, deny access to, or destroy valuable information, public and private institutions have increasingly relied on security technology. But in today's rapid world of e-commerce, self protection, however essential, alone cannot make up for a lack of legal protection. Many countries, therefore, now have separate legislation against such activities. The bill covers two basic types of cyber crimes. One in which computers themselves are targets (such as criminal data access, data damage, malicious code, and various other kinds of information theft on computer networks), while the other in which computer and other technology are used as a tool to commit virtual versions of 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 of these offences, the law may appear quite confusing at the first glance. It shall come as no surprise, therefore, that disagreements regarding the ordinance's interpretation persist even in the broader legal fraternity. In particular, it has come under fire from civil rights groups and a section of lawyers who denounce it as effectively and practically ['] useless against cyber crimes but nevertheless creating enormous obstructions and nuisances for IT enabled [...] businesses and individuals as well as considerably sacrificing individual liberties such as that of privacy. Mark Tamale (former member of the information technology law forum and the ministry of science and technology) who has been at the forefront of the awareness campaign, Take a bite out of the cyber crimes law' has criticised this and other sections of the ordinance as being too ambiguous. He implies that the law could, as a consequence, render even something as innocuous as googling how to make an atomic bomb' a terrorist act.' Surely however, the knowingly engages in' portion of the statue as well as the subsequent definition of terrorist-ic intent' should make this a highly unlikely possibility. A more pressing concern however, at least for the average citizen would be of privacy. Sections of the law pertaining to corporate responsibility require all internet service providers to store up to 90 days of data regarding consumers' internet usage. Service providers are also, in turn, legally bound to comply with federal law enforcement agencies if they require such data. Such broad ranging powers for the law enforcement agencies are a common feature of the ordinance, which also empowers the Federal Investigation Authority to issue an arrest warrant without any direct involvement of the judiciary. This means that in effect if the peoples found out how you took a picture of the man that always stands at the beginning of your lane and then posted it in your blog, then you may end up in jail (section 13 (d) of the bill renders it illegal to distribute any image on the Web without the prior explicit consent of the person in the picture). You may also be arrested for bombarding all your frands' with Valentine Day wishes (section 13 defines cyber stalking as communicating obscene, vulgar, profane, lewd, lascivious or indecent language, picture or images with an intent to coerce, intimate or harass any person using a computer network, internet, network site, electronic mail or any other similar means of communication'). Worse still, if you committed any of 21 crimes enlisted in the bill in your office premises, you will not only end up in jail yourself, but land your bosses in hot water as well. For section 21, on offences by a corporate body, holds any corporation responsible for any action which was committed on its instruction or for its benefit. Some of these definitions, even by layman standards paint very abstruse criteria. Even if one puts aside valid concerns about the lack of procedural safeguards and due process to protect the rights and the liberties of individuals, one cannot help but wonder how it will become a nightmare to implement the law, and then prove any accusations in a trial, especially given the international nature of cyber crime. Unless the crimes mentioned in it are defined in a manner consistent across other international jurisdictions, coordinated efforts by law enforcement officials to combat cyber crime will remain largely complicated and unsuccessful. There is also a most pressing need to educate law enforcers themselves about the nature of technology involved, so they can distinguish aptly between a casual surfer and genuine cyber criminal. The past reputation of our law enforcement agencies does not leave one with a lot of confidence in this respect. In short, a separate ordinance for cyber crimes is in it self a step in the right direction. After all, rule of law in any capacity always constitutes towards blossoming a trustworthy environment for business and individuals to work in. But merely passing a law has never been enough to curtail any crime; the real deterrent will be its implementation and awareness among the public. If your preparing for career change and looking for <a href="http://www.certkingdom.com/" style="color: blue; text-decoration: underline; text-underline: single"> MCTS Training</a> or <a href="http://www.certkingdom.com" >MCITP Certification</a> the best online training provider that provide the all the and complete MCTS certification exams training in just one package, certkingdom self study training kits, save your money on bootcamps, training institutes, It's also save your traveling and time. All training materials are "Guaranteed" to pass your exams and get you certified on the fist attempt, due to best training they become no1 site 2009 & 2010. In addition I recommend Certkindom.com is best and No1 site of 2008 which provide the complete Windows Server 2003 certified professionals training, Microsoft MCITP, Microsoft MCTS, Cisco CCNA, Cisco CCIE, CompTIA A+, IBM, Citrix, PMP, ISC, and lots more online training self study kits, saving your time and money on all those expensive bootcamps, conventional training institutes where you have take admission pay fees first and if you don’t want to continue no refunds no transfer to any other training course, If you planed to take CCNA or specialization in MCSE 2003 all the process starts again; as for getting online training can be much beneficial and you don’t need to take for fill any from to switch your training on any desire certification</div> <div class="source">Article Source: <a href="http://www.articlealley.com/http://richelfox.articlealley.com/cyber-crime-law-separating-myth-from-reality-520642.html">http://www.articlealley.com/http://richelfox.articlealley.com/cyber-crime-law-separating-myth-from-reality-520642.html</a></div> <div class="author"> <div class="authorBio"></div> </author> </body> </html>

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Cyber crime law Separating myth from reality Author: Richel Fox Remember Bruce Willis, the main protagonist in the fourth installment of the Die Hard series last summer? Live Free or Die Hard depicts Willis as the New York police department detective John McClane who is commissioned to capture a gang of cyber terrorists' intent on shutting down the entire world's internet. In today's increasingly volatile world of mobile activated bombs and websites of various militant groups, it is not hard to imagine the Die Hard scenario materializing in real life as well. One of the most fascinating aspects of modern technology is how it has penetrated every scope and strata of society. Everyone from the uneducated mechanic to the high-profile chief executive officer of a firm now carries a mobile and is aware of what a computer is. This infiltration of technology in our communities has, by and large, proved to be beneficial. But like every other good thing, technology too can be exploited. This exploitation, among other things, has resulted in certain crimes being committed through or against computers, their affiliated networks and the information contained within them. Thus, came about the neologism of cyber crime. Even though the term is now widely used in law circles, disagreements are aplenty regarding what actually entails cyber crime. President of Naavi.org, India's largest cyber law information portal suggests that the term is a misnomer. The concept of cyber crime is not radically different from that of conventional crime, saysÂ in a report on the portal, Both include conduct whether act or omission, which cause breach of rules of law and [are] counterbalanced by the sanction of the state. Cyber crime may be said to be [one of] those species, of which, the genus is conventional crime, and where either the computer is an object or subject of the conduct constituting crime, However, despite the similar legal nature of both conventional and cyber crime, they are substantially different in practice. Cyber crimes are far easier to learn how to commit, require fewer resources relative to the potential damage caused, can be committed in a jurisdiction without being physically present in, and until recently, their status of illegality has been, at best, vague. As the global technology policy and management consulting firm McConnell Institute notes in a comprehensive report on the subject, many countries' existing archaic laws threaten the global information dynamic The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes. The report added, Existing terrestrial laws against physical acts of trespass or breaking and entering often do not cover their virtual' counterparts. New kinds of crimes can fall between the cracks. Furthermore, efficient law enforcement is further complicated by the transnational nature of cyberspace. Mechanisms of cooperation across national borders are complex and slow. Cyber criminals can defy the conventional jurisdictional realms of sovereign nations, originating an attack from almost any computer in the world, passing it across multiple national boundaries, or designing attacks that appear to be originating from foreign sources. Such techniques dramatically increase both the technical and legal complexities of investigating and prosecuting cyber crimes. To protect themselves from those who would steal, deny access to, or destroy valuable information, public and private institutions have increasingly relied on security technology. But in today's rapid world of e-commerce, self protection, however essential, alone cannot make up for a lack of legal protection. Many countries, therefore, now have separate legislation against such activities. The bill covers two basic types of cyber crimes. One in which computers themselves are targets (such as criminal data access, data damage, malicious code, and various other kinds of information theft on computer networks), while the other in which computer and other technology are used as a tool to commit virtual versions of 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 of these offences, the law may appear quite confusing at the first glance. It shall come as no surprise, therefore, that disagreements regarding the ordinance's interpretation persist even in the broader legal fraternity. In particular, it has come under fire from civil rights groups and a section of lawyers who denounce it as effectively and practically ['] useless against cyber crimes but nevertheless creating enormous obstructions and nuisances for IT enabled [...] businesses and individuals as well as considerably sacrificing individual liberties such as that of privacy. Mark Tamale (former member of the information technology law forum and the ministry of science and technology) who has been at the forefront of the awareness campaign, Take a bite out of the cyber crimes law' has criticised this and other sections of the ordinance as being too ambiguous. He implies that the law could, as a consequence, render even something as innocuous as googling how to make an atomic bomb' a terrorist act.' Surely however, the knowingly engages in' portion of the statue as well as the subsequent definition of terrorist-ic intent' should make this a highly unlikely possibility. A more pressing concern however, at least for the average citizen would be of privacy. Sections of the law pertaining to corporate responsibility require all internet service providers to store up to 90 days of data regarding consumers' internet usage. Service providers are also, in turn, legally bound to comply with federal law enforcement agencies if they require such data. Such broad ranging powers for the law enforcement agencies are a common feature of the ordinance, which also empowers the Federal Investigation Authority to issue an arrest warrant without any direct involvement of the judiciary. This means that in effect if the peoples found out how you took a picture of the man that always stands at the beginning of your lane and then posted it in your blog, then you may end up in jail (section 13 (d) of the bill renders it illegal to distribute any image on the Web without the prior explicit consent of the person in the picture). You may also be arrested for bombarding all your frands' with Valentine Day wishes (section 13 defines cyber stalking as communicating obscene, vulgar, profane, lewd, lascivious or indecent language, picture or images with an intent to coerce, intimate or harass any person using a computer network, internet, network site, electronic mail or any other similar means of communication'). Worse still, if you committed any of 21 crimes enlisted in the bill in your office premises, you will not only end up in jail yourself, but land your bosses in hot water as well. For section 21, on offences by a corporate body, holds any corporation responsible for any action which was committed on its instruction or for its benefit. Some of these definitions, even by layman standards paint very abstruse criteria. Even if one puts aside valid concerns about the lack of procedural safeguards and due process to protect the rights and the liberties of individuals, one cannot help but wonder how it will become a nightmare to implement the law, and then prove any accusations in a trial, especially given the international nature of cyber crime. Unless the crimes mentioned in it are defined in a manner consistent across other international jurisdictions, coordinated efforts by law enforcement officials to combat cyber crime will remain largely complicated and unsuccessful. There is also a most pressing need to educate law enforcers themselves about the nature of technology involved, so they can distinguish aptly between a casual surfer and genuine cyber criminal. The past reputation of our law enforcement agencies does not leave one with a lot of confidence in this respect. In short, a separate ordinance for cyber crimes is in it self a step in the right direction. After all, rule of law in any capacity always constitutes towards blossoming a trustworthy environment for business and individuals to work in. But merely passing a law has never been enough to curtail any crime; the real deterrent will be its implementation and awareness among the public. If your preparing for career change and looking for MCTS Training or MCITP Certification the best online training provider that provide the all the and complete MCTS certification exams training in just one package, certkingdom self study training kits, save your money on bootcamps, training institutes, It's also save your traveling and time. All training materials are "Guaranteed" to pass your exams and get you certified on the fist attempt, due to best training they become no1 site 2009 & 2010. In addition I recommend Certkindom.com is best and No1 site of 2008 which provide the complete Windows Server 2003 certified professionals training, Microsoft MCITP, Microsoft MCTS, Cisco CCNA, Cisco CCIE, CompTIA A+, IBM, Citrix, PMP, ISC, and lots more online training self study kits, saving your time and money on all those expensive bootcamps, conventional training institutes where you have take admission pay fees first and if you don’t want to continue no refunds no transfer to any other training course, If you planed to take CCNA or specialization in MCSE 2003 all the process starts again; as for getting online training can be much beneficial and you don’t need to take for fill any from to switch your training on any desire certification Article Source: http://www.articlealley.com/http://richelfox.articlealley.com/cyber-crime-law-separating-myth-from-reality-520642.html About the Author:

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