Enough Law of Horses and Elephants Debated…, …Let’s Discuss the Cyber Law Seriously

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Published: Jun 20, 2017
DOI: https://doi.org/10.26483/ijarcs.v8i5.3617
Keywords:
Cybercrime, Cyber Law, Cyberspace, Routine Activity Theory (RAT), Cyber-criminology, EU Convention on Cybercrime, Law of Horse

Main Article Content

Sandeep Mittal
LNJN National Institute of Criminology and Forensic Science, Government of India, Ministry of Home Affairs, New Delhi
http://orcid.org/0000-0001-7156-7045
Priyanka Sharma
Raksha Shakti University, Ahmedabad, India

Abstract

The unique characteristic of cyberspace like anonymity in space and time, absence of geographical borders, capability to throw surprises with rapidity and potential to compromise assets in virtual and real world has attracted the attention of criminal minds to commit crimes in cyberspace. The law of crimes in the physical world faces challenge in its application to the crimes in cyberspace due to issues of sovereignty, jurisdiction, trans-national investigation and extra-territorial evidence. In this paper an attempt has been made to apply routine activity theory (RAT) of crime in physical world to crime scene cyberspace. A model for crime in cyberspace has been developed and it has been argued that the criminal law of crime in physical world is inadequate in its application to crimes in virtual world. To handle crime in cyberspace there is a need to address issues of ‘applicable laws and ‘conflicting jurisdiction by regulating the architecture of the internet through special laws of cyberspace. A case has been put forward for having an International Convention of Cybercrime with Council of Europe Convention on Cybercrime as yard stick.

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Issue
Vol. 8 No. 5 (2017): May-June 2017
Section
Articles

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Author Biographies

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

Director, LNJN National Institute of Criminology and Forensic Science 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

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Ibid

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Ibid

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Ibid

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Though every computer or smart device has a machine address which can be easily spoofed, we are talking here specifically about geographical location. The remote access, incognito logins, encrypted platforms for communication, anonymous remailers and availability of ‘cached’ copies of frequently accessed internet resources further complicate and make impossible to attribute actions in cyberspace.

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In real space nature is represented by architecture.

That includes software that makes internet to behave as it is.

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Greenleaf, 'An endnote on regulating cyberspace: architecture vs law?'

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

Ibid. Articles 23-35

Ibid. Preamble