No uniform law for cyber law

As cyber law goes international lack of a uniform law has crippled the status of cyber crime convictions

ankitalahiri

Ankita Lahiri | March 19, 2014



Eleven convictions in last nine years – across the country. This figure for cybercrime conviction in India cries for the need for a legal mechanism to fight cybercrime.

“Committing a cybercrime is very easy, it is more difficult to investigate and much more difficult to prove it,” said Loknath Behera, IGP Bureau of Police Research and Development, at the International Conference on Cyberlaw and Cybercrime, 2014, organized in Delhi last week. Hosted at India International Centre, this event saw experts from the industry and the government coming together to discuss the impending danger of cybercrime attacks.

Despite India’s poor performance, Behera pointed out, it was not lagging that behind compared to countries like the US, where the conviction rate of physical federal crimes were 82 percent but fell down as low as two percent when the crimes committed were cyber.

In India, cybercrime is grappling with a number of issues: a weak legal system, the fight over jurisdiction, no uniform law followed by all, and others.  
Taking the centre stage, J Satyanarayana, secretary, department of electronics and information technology (DeitY), Government of India, pointed out that the decade-long leap has also meant a leap in the sophistication of the cybercrimes. “We are dealing with an altogether different medium with a different degree of agility. When we bought out the IT Act, we thought we had done the best. But the concepts that we are talking about today, were not even heard then. It is a different medium and it is evolving as we talk. We cannot apply the physical world norms to the cyber world. What is needed is a combination of approaches and not a typical legislation.”

The lack of national boundaries in the cyber world has created a problem for those investigating the crime. Navneet R Wasan, additional director general, National Investigation Agency, explained that the scenario has lead to a tricky situation in the diplomatic realms. “The use of multiple proxies, multiple servers has lead to a layer of complexity in the international legal framework.  Unless there is no one convention in place to get real time information, we will not be able to prevent cyber attacks. India has been involved with the United States of America and United Kingdom in the mutual exchange of information in real time, but it is still an issue.” Wasan went on to add that in most countries, domestic laws concerning cybercrime were coming into place, but that too was happening at a slow pace.

India’s refusal to be a part of the Budapest Convention for Cybercrime – the first international treaty that deals with internet and cybercrime by bringing together national laws and increasing cooperation between countries – is an added obstruction in its fight over jurisdiction.

Defending India’s stand, Dr Gulshan Rai, director general, CERT-In, said that the convention will mean that any European country can come and penetrate Indian data, which the authorities are trying to avoid, Referring to the jurisdiction battle over social media, Dr Rai said, “For social media, your (international) laws do not apply to us.  We have to go through the legal framework which is very slow.”

It was pointed out that out of the 13 servers for internet, nine are based from the US, making the extraction of information that much more difficult. Further, as of now, India has an extradition policy with only 30 odd countries, making the conviction difficult for the investigators.

Cybercrime can no longer be treated like a typical crime. It has gone global and what India needs is a law that penetrates those areas.

Comments

 

Other News

Lines that unite, lines that separate

Lines and Lives: Stories of Conflict, Resilience and Hope from Jammu and Kashmir Borderlands Edited by Mohita Bhatia, Rekha Chowdhary and Sandeep Singh Orient BlackSwan, 280 pages, Rs 1,510

WEF, MMRDA ink deal to transform MMR into global fin hub

The World Economic Forum (WEF) will provide funds to Maharashtra government for making Mumbai Metroplolitan Region (MMR)  a global  financial hub. An MoU between MMRDA (Mumbai Metropolitan Region Development Authority) and WEF was signed by Klaus Schwab, founder and executive Chairman, World 

How to be prepared for the next pandemic

NITI Aayog on Wednesday released an Expert Group report, titled ‘Future Pandemic Preparedness and Emergency Response — A Framework for Action’. The expert group in the report has provided a blueprint for the country to prepare for any future public health emergency or pandemic and have a

The Shinde Saga: From humble beginnings to union home minister

Five Decades in Politics By Sushilkumar Shinde (as told to Rasheed Kidwai) HarperCollins India, 240 pages, Rs 599.00

How India can offer data protection to SMEs

Cyberattacks have become a daily phenomenon around the globe, especially in India. In the first half of 2024 alone, India has witnessed 593 cyber incidents, comprising of 388 data breaches, 107 data leaks, and 39 ransomware attacks. With an average of 3,201 cyberattacks per week in Q2 2024,

Sopan Joshi on writing “that mango book”, research and a “memorable” feast

Mangifera indica: A Biography of the Mango By Sopan Joshi Aleph Book Company, 432 pages, Rs 799 The mang

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter