Information is a resource which has no value until it is extracted, processed and utilized. Information technology deals with information system, data storage, access, retrieval, analysis and intelligent decision making. Information technology refers to the creation, gathering, processing, storage, presentation and dissemination of information and also the processes and devices that enable all this to be done.
Information technology is affecting us as individual and as a society. Information technology stands firmly on hardware and software of a computer and tele-communication infrastructure. But this is only one facet of the information Technology, today the other facets are the challenges for the whole world like cyber crimes and more over cyber terrorism. When Internet was first developed, the founding fathers hardly had any inkling that internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulations. With the emergence of the technology the misuse of the technology has also expanded to its optimum level the examples of it are:
- Cyber stalking
- Cyber harassment
- Cyber fraud
- Cyber defamation
- Posting and dissemination of obscene material including pornography, - Indecent exposure and child pornography etc.
The misuse of the technology has created the need of the enactment and implementation of the cyber laws. As the new millennium dawned, the computer has gained popularity in every aspect of our lives. This includes the use of computers by persons involved in the commission of crimes. Today, computers play a major role in almost every crime that is committed. Every crime that is committed is not necessarily a computer crime, but it does mean that law enforcement must become much more computer literate just to be able to keep up with the criminal element. According to Donn Parker, “for the first time in ∗ Lecturer, University College of Law, Karnatak University, Dharwad. ∗∗ Lecturer, RML Law College, Bangalore.8 NALSAR Law Review [Vol.4 : No.1 human history, computers and automated processes make it possible to possess, not just commit, a crime. Today, criminals can pass a complete crime in software from one to another, each improving or adapting it to his or her own needs.” but whether this cyber laws are capable to control the cyber crime activities, the question requires the at most attention.
Until recently, many information technology (IT) professionals lacked awareness of and interest in the cyber crime phenomenon. In many cases, law enforcement officers have lacked the tools needed to tackle the problem; old laws didn’t quite fit the crimes being committed, new laws hadn’t quite caught up to the reality of what was happening, and there were few court precedents to look to for guidance. Furthermore, debates over privacy issues hampered the ability of enforcement agents to gather the evidence needed to prosecute these new cases. Finally, there was a certain amount of antipathy—or at the least, distrust - between the two most important players in any effective fight against cyber crime: law enforcement agencies and computer professionals. Yet close cooperation between the two is crucial if we are to control the cyber crime problem and make the Internet a safe “place” for its users. Law enforcement personnel understand the criminal mindset and know the basics of gathering evidence and bringing offenders to justice. IT personnel understand computers and networks, how they work, and how to track down information on them. Each has half of the key to defeating the cyber criminal. IT professionals need good definitions of cyber crime in order to know when (and what) to report to police, but law enforcement agencies must have statutory definitions of specific crimes in order to charge a criminal with...