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

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 HighTech 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