INTERNATIONAL PERSPECTIVE ON CYBER CRIME

Cyber crime is becoming ever more serious. Findings from the 2002 Computer Crime and Security Survey show an upward trend that demonstrates a need for a timely review of existing approaches to fighting this new phenomenon in the information age. In this paper, we provide an overview of cybercrime and present an international perspective on fighting cybercrime. We review current status of fighting cybercrime in different countries, which rely on legal, organizational, and technological approaches, and recommend four directions for governments, lawmakers, intelligence and law enforcement agencies, and researchers to combat cybercrime.

Within Country Strategy

The United States, to protect the interests of internet businesses, the U.S. Congress has created new laws to regulate activities on the internet. With the first digital signature law in the world, the U.S. has established a number of regulations on cybercrime, such as the “National Infrastructure Protection Act of 1996”, the “Cyberspace Electronic Security Act of 1999” and the “Patriot Act of 2001”. In addition a number of agencies have set up in the U.S. to fight against cybercrime, including the FBI, National Infrastructure Protection Center, National White Collar Center, Computer Hacking and Intellectual Property Unit of the Doj, and so on. The FBI has set up special technical units and developed Carnivore.

England two cyber crimes related Acts have been passed by the British parliament: the Data Protection Act of 1984 and the Computer Misuse Act of 1990. The former one deals with actual procurement and use of personal data while the latter defines the laws, procedures and penalties surrounding unauthorized entry into computers. The British government has applied technologies of filtering and rating to protect manors from inappropriate material on the Web.

Canada in 2001, the Canadian parliament passed the Criminal Law Amendment Act that has tow sections. The first section defines unlawful entry into a computer system and interception of transmissions. The second section criminalizes the actual destruction, alteration, or interruption of data.

The Kenya Communications (Amendment) Act was passed by the Kenyan Parliament and signed into law by the President on January 2. The Act includes legislation on cybercrime in Sections 83 W-Z and 84 A- F on: unauthorized access to computer data, access with intent to commit offences, unauthorized access to and interception of computer service, unauthorized modification of computer material, damaging or denying access to computer system, unauthorized disclosure of passwords, unlawful possession of devices and data, electronic fraud, tampering with computer source documents, and publishing of obscene information in electronic form.

In Norway a Bill on a new Criminal Law (2008-2009) has in 202 introduced a provision on identity theft, using the term Identity Infringements that reads as follows:“With a fine or imprisonment not exceeding 2 years shall whoever be punished, that without authority possesses of a means of identity of another, or acts with the identity of another or with an identity that easily may be confused with the identity of another person, with the intent of a) procuring an economic benefit for oneself or for another person, or b) causing a loss of property or inconvenience to another person.” The Norwegian Parliament (Stortinget) has on May 28 adopted the New Penal Code, including several provisions on cybercrime.

Cyber law in United Kingdom

The Police and Justice Act 2006 Chapter 48 declares the amendments of the Computer Misuse Act 1990, Part 5 sections 35 to 38. The new amendments came into force on October 1, 2008.

Cyber law in Republic of India

The Indian Government has in 2003 announced plans on a comprehensive law for cybercrimes.66.Hacking with computer system.

(i) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or demises its value or utility or affects it injuriously by any means, commits hack.

(ii) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lac rupees, or with both.

Cyber law in People’s Republic of China

In China many cybercrime issues are covered in laws and regulations that refers to Internet related crimes. The two most important organizations responsible for internal and external security are the Public Security Bureau (PSB), responsible for the internal security, and the Ministry State Security (MSS), which handles external security. The responsibilities of the Public Security Bureau (PSB) are formally codified in “Computer Information Network and Internet Security, Protection and Management Regulations”, approved by the State Council, December 11, 1997, and published December 30, 1997.

Article 285 says whoever violates state regulations and intrudes into computer systems within formation concerning state affairs, construction of defense facilities, and sophisticated science and technology is be sentenced to not more than three years of fixed-term imprisonment or criminal detention.

Article 286 says whoever violates states regulations and deletes alters, ads, and interference in computer information systems, causing abnormal operations of the systems and grave consequences, is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than five years of fixed-term imprisonment.

Whoever violates state regulations and deletes, alters, or adds the data or application programs installed in or processed and transmitted by the computer systems, and causes grave consequences, is to be punished according to the preceding paragraph.

Whoever deliberately creates and propagates computer virus and other programs which sabotage the normal operation of the computer system and cause grave consequences is to be punished according to the first paragraph.

Article 287 says whoever uses a computer for financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets, or other crimes is to be convicted and punished according to relevant regulations of this law.

Cyber law in United States of America

President Barack Obama has directed the National Security and Homeland Security Advisors to conduct a review of the plan, programs, and activities underway throughout the government dedicated to cyber security, including new regulations to combat cybercrime.

US Vice President Joe Biden gave a presentation at the 45th Munich Conference on Security Policy on February 7, 2010.  Among many issues he emphasized the need to tackle terrorism and cyber-security.