A Review of International Legal Framework to Combat Cybercrime

Main Article Content

Sandeep Mittal
Priyanka Sharma

Abstract

Cyberspace is under perceived and real threat from various state and non-state actors. This scenario is further complicated by distinct characteristic of cyberspace, manifested in its anonymity in space and time, geographical indeterminacy and non-attribution of acts to a tangible source. The transnational dimension of cybercrime brings forth the issue of sovereignty, jurisdiction, trans-national investigation and extra territorial evidence necessitates international cooperation. This requires and international convention on cybercrime which is missing till date. Council of Europe Convention of Cybercrime is the lone instrument available. Though it is a regional instrument, non-members state like US, Australia, Canada, Israel, Japan etc. have also signed and ratified and remains the most important and acceptable international instruments in global fight to combat cybercrime. In this paper, authors have argued that Council of Europe Convention on Cybercrime should be the baseline for framing an International Convention on Cybercrime.

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Articles
Author Biographies

Sandeep Mittal, LNJN National Institute of Criminology and Forensic Science, Government of India, Ministry of Home Affairs

Director, LNJN NICFS Ministry of Home Affairs Government of India

Priyanka Sharma, Raksha Shakti University, Ahmedabad, India

Professor & Head Information Technology & Telecommunication, Raksha Shakti University, Ahmedabad, India

References

M. Gercke, "Europe’s legal approaches to cybercrime," in ERA forum, 2009, pp. 409-420.

M. Gercke, "Understanding cybercrime: a guide for developing countries," International Telecommunication Union (Draft), vol. 89, p. 93, 2011.

D. L. Speer, "Redefining borders: The challenges of cybercrime," Crime, law and social change, vol. 34, pp. 259-273, 2000.

S. Mittal, "Perspectives in Cyber Security, the future of cyber malware," The Indian Journal of Criminology, vol. 41, p. 18, 2013.

S. Mittal, "The Issues in Cyber- Defense and Cyber Forensics of the SCADA Systems," Indian Police Journal, vol. 62, pp. 29- 41, 2015.

S. Mittal, "A Strategic Road-map for Prevention of Drug Trafficking through Internet," Indian Journal of Criminology and Criminalistics, vol. 33, pp. 86- 95, 2012.

O.-e. I. E. G. o. Cybercrime, "Comprehensive Study on Cyber Crime," UNODC2013.

"COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime," ed, 2001.

"Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Creating a safer information society by improving the security of information infrastructures and combating computer-related crime [COM(2000) 890 final - not published in the Official Journal]."

"Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems," vol. OJ L 69, 16.3.2005, p. 67–71, ed.

Council of Europe, Convention on Cybercrime, 23 November 2001, available at: http://www.refworld.org/docid/47fdfb202.html [accessed 26 February 2017].

ibid.

ibid.. Articles 23-35

ibid. Preamble

"Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Creating a safer information society by improving the security of information infrastructures and combating computer-related crime [COM(2000) 890 final - not published in the Official Journal]."

O.-e. I. E. G. o. Cybercrime, "Comprehensive Study on Cyber Crime," UNODC2013.

"United Nations, UN General Assembly Resolution 55/63: Combating the Criminal Misuse of Information Technologies (Jan. 22, 2001)," ed.

Council of Europe, Convention on Cybercrime, 23 November 2001, available at: http://www.refworld.org/docid/47fdfb202.html [accessed 26 February 2017].. Articles 2 - 6.

ibid.. Articles 7, 8.

ibid.. Article 9.

ibid.. Article 10.

ibid.. Articles 11, 13.

ibid.. Articles 14, 15.

ibid.. Articles 16, 17.

ibid.. Article 19

ibid.. Articles 20, 21.

ibid.. Article 22.

ibid.. Articles 23- 35.

ibid.. Preamble

N. E. Marion, "The Council of Europe's Cyber Crime Treaty: An exercise in Symbolic Legislation," International Journal of Cyber Criminology, vol. 4, p. 699, 2010.

I. Walden, "Harmonising computer crime laws in Europe," European Journal of Crime, Criminal Law and Criminal Justice, vol. 12, pp. 321-336, 2004.

S.-J. Wang, "Measures of retaining digital evidence to prosecute computer-based cyber-crimes," Computer Standards & Interfaces, vol. 29, pp. 216-223, 2007.

"United States v. Gorshkov," in WL 1024026, U.S. Dist. LEXIS 26306 (W.D. Wash. 2001). ed, 2001.

R. Power and R. Foreword By-Farrow, Tangled Web: Tales of digital crime from the shadows of cyberspace: Macmillan Press Ltd., 2000.

B.-J. Koops, "Police investigations in Internet open sources: Procedural-law issues," Computer Law & Security Review, vol. 29, pp. 654-665, 12// 2013.

S. Mittal, "Perspectives in Cyber Security, the future of cyber malware," The Indian Journal of Criminology, vol. 41, p. 18, 2013.

N. Kshetri, "The simple economics of cybercrimes," IEEE Security & Privacy, vol. 4, pp. 33-39, 2006.

Article 8

Article 6(1)

Law Commission, "Reforming Bribery," 2008.

"Communications Decency Act 1996," ed, 1996.

O.-e. I. E. G. o. Cybercrime, "Comprehensive Study on Cyber Crime," UNODC2013.