CYBER LAW & INFORMATION TECHNOLOGY

By Shri Talwant Singh
- Member E-Committee, Supreme Court of India
- Chairman Web Committee, District Court, Delhi
- Addl. Distt. & Sessions Judge, Delhi



Success in any field of human activity leads to crime that needs mechanisms to control it. Legal provisions should provide assurance to users, empowerment to law enforcement agencies and deterrence to criminals. The law is as stringent as its enforcement. Crime is no longer limited to space, time or a group of people. Cyber space creates moral, civil and criminal wrongs. It has now given a new way to express criminal tendencies. Back in 1990, less than 100,000 people were able to log on to the Internet worldwide. Now around 500 million people are hooked up to surf the net around the globe.

Until recently, many information technology (IT) professionals lacked awareness of and interest in the cyber crime phenomenon. In many cases, law enforcement officers have lacked the tools needed to tackle the problem; old laws didn’t quite fit the crimes being committed, new laws hadn’t quite caught up to the reality of what was happening, and there were few court precedents to look to for guidance. Furthermore, debates over privacy issues hampered the ability of enforcement agents to gather the evidence needed to prosecute these new cases. Finally, there was a certain amount of antipathy—or at the least, distrust— between the two most important players in any effective fight against cyber crime: law enforcement agencies and computer professionals. Yet close cooperation between the two is crucial if we are to control the cyber crime problem and make the Internet a safe “place” for its users.

Law enforcement personnel understand the criminal mindset and know the basics of gathering evidence and bringing offenders to justice. IT personnel understand computers and networks, how they work, and how to track down information on them. Each has half of the key to defeating the cyber criminal.

IT professionals need good definitions of cybercrime in order to know when (and what) to report to police, but law enforcement agencies must have statutory definitions of specific crimes in order to charge a criminal with an offense. The first step in specifically defining individual cybercrimes is to sort all the acts that can be considered cybercrimes into organized categories.





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