“Cyber Crimes: A Socio-Legal Interpretation in the Age of Globalization” Dr. G. L. Sharma
Triveni Nagar, Jaipur-302018
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Crime is considered as a violation of established enacted legislations, laws, rules or regulations in any society. Though it is a socio-legal, economic and political concept yet it has become a global concerns now a days with the emergence of cyber revolution. In the modern globalized world, information technology has transformed the bipolar world into the highly polarized world by doing away with the artificial barriers in the communication. In the wake of the new Millennium, the contentious issue which is thrown wide upon for discussions is to carve out a global legislation which could combat with the problem of the cyber crime. At one point in time, we were of conviction that that diluting the transnational boundaries has facilitated effective and efficient communication. Cyber crime which is perpetuated through electronic gadgets has done away with this cardinal principle of criminal jurisprudence. Time since immemorial, the criminologists believe that there is temporal and spatial limits in the commission of the offense. This traditional principle of the criminology was undermined through the white collar cyber criminals. These crimes are transnational in nature which defies the geographical boundaries. In the light of such a grave situation, it is imperative that the international community should join hands to frame an international Convention to put a uniform law into practice to combat it. Although it is herculean task to define cyber crime due to its all pervasive nature yet there are lots of attempts to define it in a precise manner. The implications and manifestations of the crime are so wide that it is very difficult to frame an exhaustive definition which would contain all the details of this offense.
Cyber Crime: Concept and Scope
The Canadian Law Enforcement Agencies define Cyber Crime as “criminal offense involving a computer as the object of the crime or the tool use to commit a material component of the offense. The OECD Recommendations of 1986 included a working definition as a basis for the study: “Computer-related crime is considered as any illegal, unethical or unauthorized behaviour relating to the automatic processing and the transmission of data.” Computer is being used an arsenal by the terrorists to implement draconian objectives into action. These deadly plans are part and parcel of the Complex Terrorism. This gadget automated way of committing atrocious acts has been a cause of concern. The very foundation of the United States of America was shaken when the Pentagon was rattled like house of cards on the Red Letter day of September 11, 2001. The Cyber Terrorism is such a multifaceted, multidimensional concept that is very difficult to define it. In fact, there is no unanimous definition of this lethal word. Cohen and Felson way back in 1979 focused on the fact that three factors should be present for commit to occur. These factors are motivated offenders, suitable targets and absence of proper technique to trace the culprit. There are few factors which motivated the criminals. The maintenance of anonymity and the evidence would be destroyed easily are among the first and foremost. The first publicized international security incident was identified in 1986. An attempt was made to access the network in order to access the computer with the malicious intention to copy the files from them. In 1988 the worm virus for the first time jeopardized the entire Security System of the United States. A glaring testimony of the cross border unauthorized disruption is the "I Love You" worm that originated in a computer in the Philippines and inflicted pecuniary damage to eleven billion dollars. It is an instance where we find that this...