Cyber Laws

CYBER LAWS
JUDE JERRY SALMON I

FRAMEWORK
 Cyber Crimes & Cyber laws
 Need for Cyber Laws
 Cyber Security - International Legal Landscape
- National Legal Approaches
- Multinational Organizations
- Practical Considerations
 Cyber Security – Indian Initiatives
- Recommendations
 Conclusion
CYBER CRIMES
"Computer or Cyber crimes are considered as illegal,
unethical or unauthorized behavior of people relating
to the use of Computer Systems and Networks”
 Interference with lawful use of a computer
 Dissemination of offensive materials
 Threatening communications
 Forgery/counterfeiting
 Fraud
 Cyber Warfare
CYBER LAWS
 Cyber Law is the law governing Cyber space
 Cyber law encompasses laws relating to:
- Cyber Crimes
- Electronic and Digital Signatures
- Intellectual Property
- Data Protection and Privacy
NEED FOR CYBERLAWS
 Intangible dimension of Cyber Space
 Boundary Independent
 Anonymity
 Open to participation for all
 Gigantic traffic volumes every second
 The development of cyber law is fundamental to
determining conduct in cyberspace
UNITED STATES
 Computer Fraud and Abuse Act ,1984
 Federal Information Security Management Act
 Graham-Leach-Bliley Financial Services
Modernization Act,1999
 Homeland Security Act (Cyber Security
Enhancement Act),2002
 Patriot Act of 2001
 US – CERT, 2003
EUROPEAN UNION
 Council Framework Decision on Combating Cyber
terrorism of 2002
 Council Framework Decision on attacks against
information systems of 2005
 Directives
- Critical Infrastructure Protection
- ISP liability
- Personal Data Protection
Council of Europe
 Convention on the Prevention on Terrorism,2005
 CoE Convention on Cybercrime,2001
- Substantive Criminal Law

- Procedural Law
CC provides for countries:
- Coherent national approach to legislation on cybercrime
- Harmonization of criminal law provisions on cybercrime with
those of other countries
- Legal and institutional basis for international Legislative and
judicial cooperation with other parties
ITU
 ITU Global Cyber Security Agenda (GCA)
 ITU Child Online Protection (COP)
 ITU Regional Cyber Security Networks
 Pacific Computer Emergency Response Team
(Pacific CERT)
 International Multilateral partnership Against
Cyber Threats (IMPACT)
INTERPOL
 Interpol coordinates its activities through
National Central Bureaus in individual countries
 Global Protocol on Cyber security and Cybercrime
 Working Party on Information Technology Crime
 Computer Emergency Response Team (CERT)
 Coordination with ASEANAPOL & EUROPOL
UNITED NATIONS
 Resolution on Cyber security and the protection of
Critical Information Infrastructures – 2003
 Developments in the Field of Information and
Telecommunications in the Context of International
Security
 Resolution on Combating the Criminal Misuse of
Information Technology
 UNCITRAL
 UNGIS
Group of Eight (G8)
 Senior Experts Group on Transnational Organized
Crime & Subgroup on High-Tech Crime
 1997 Principles & Action Plan to Combat High-Tech
Crime
 1999 Principles on Trans-border Access to Stored
Computer Data
 Recommendations for Tracing Networked
Communications Across National Borders
 24/7 Points of Contact
Practical Considerations
 International dialogue on cyber governance, crime and
security is imperative, long over due and still
embryonic
 Law enforcement exercises its functions in foreign
jurisdiction only with consent of foreign government
 If evidence (or criminal) is located in another country,
need to have the assistance of criminal law
enforcement in that country for extradition
 Criminals have become proficient at routing through
countries, finding open proxies, botnets, etc.
Practical Considerations
 Digital divide between nation-states
 Cyber security challenges involve a spectrum ranging
from the state level to non-state groups to individuals
 At present there is no consensus on what constitutes an
act of war in cyberspace
 Coalescing common rules will be long and arduous
RECOMMENDATIONS
International Cooperation:
 Extradition
 Spontaneous Information Sharing
 Expedited Preservation of Stored Computer Data
 Expedited Disclosure of Preserved Traffic Data
 Accessing of Stored Computer Data
 Real-time Collection of Traffic Data
 Interception of Content Data
 24/7 Network
THANK YOU

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Cyber Laws - Part I

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JUDE JERRY SALMON I

- Substantive Criminal Law

 Spontaneous Information Sharing

 Expedited Preservation of Stored Computer Data

 Expedited Disclosure of Preserved Traffic Data

 Accessing of Stored Computer Data

 Real-time Collection of Traffic Data

 Interception of Content Data

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