Abstract:
The billions of internet users and their data combinedly makes a large community called Cyberspace. Cybercrime and cyberlaw play an important role in the digital economy. Cybercrime is one of the fastest emerging crimes in the digital world. The danger level of Cybercrime is very high and it has become a world threat.
As the digital world is growing at a faster rate, the risk of cybercrime to people, businesses and even to the Government is high. Despite the cyber laws across every nation, there is a notable gap existing between the public awareness towards Cybercrime and Cyber law. This paper examines the various forms of Cybercrimes, Cyberlaws across nations, major reasons for constant increase in cybercrime across the world and enlightens the challenges between the Cyberlaw educations and awareness among the people.
Furthermore, this paper aims to explore the strategies to bridge the gap between the Cybercrime awareness and the Cyberlaw education like international cooperation, public awareness campaigns and enhanced Cyberlaw measures and finally our suggestions to both people and Government to reduce Cybercrime.
Keywords: Cyberspace, Cybercrime, Cyberlaw, Awareness, Cybersecurity
Introduction:
At the present day, there are several development technologies and their uses in the society is comparatively high. The regular use of technology has both merits and demerits. When we see demerits, there are many problems like scams through messages, misusing the other photos etc. Normally crime can be defined as an act that causes damage of a person either physically or mentally or loss of property and the act should be against the law and it is classified into several types like assault, arson, burglary etc.,
“Modern problem requires modern solutions”, Likewise the quote Cybercrime is a modern problem that arises because of technological development in the modern world and its modern solution is the implementation of cyberlaw.
Cybercrime is one of the emerging types of crime in the technological world. Criminal activity that involves the usage of the internet and computer system as an instrument is generally known as cybercrime. Some of the major cybercrime in the society are Hacking, identity theft, phishing, online fraud, cyberbullying etc.
Law is something a set of rules and regulations which modulates the society. Normally it has two types 1. Codified law and 2. Uncodified law. The Codified law are laws which are in documentary form and it governs the society. The Uncodified law is also a set of rules and regulations which are followed by the people but they are not in written composition.
Cyber Laws are generally meant for cybercrimes. It is specialised for the digital field of law. It’s main aim is to govern the people during any online transaction or purchases or any online works and teach them the legal boundaries related to cyber laws. It also provides a legal framework for the redressal of cybercrimes. This law protects all electronic records.
Cybercrime and cyber law all come under one roof which is called cyberspace. The cyberspace is not meant for any special space but it is a part of the world which is fully utilised by technologies. It has no form like messages in chats, mails and other online works. This place doesn’t exist and is totally combined with virtual networks and communications. It is also used for interconnecting telecommunications around the world.
Research methodology:
This paper uses a qualitative research methodology, analyzing data on cybercrimes and cyber laws from various countries like the US, EU, China, and India. It provides a comprehensive understanding of cybercrime and laws, highlighting the need for increased awareness and solutions to bridge the gap between cybercrime and law education. The research methodology offers valuable insights for both individuals and governments.
Review of literature:
The topic of cybercrime and cyber law has been thoroughly explored by researchers, shedding light on the ever-changing landscape of digital threats and the hurdles that legal systems around the globe encounter. Numerous studies have looked into the economic repercussions of cybercrime, how well current cyber laws are working, and the importance of international collaboration in tackling these cyber threats. The literature that follows offers important perspectives on trends in cybercrime, the legal structures that exist, and possible strategies to connect the dots between awareness of cybercrime and education in cyber law.
- McGuire, M., & Dowling, S. (2013). Cybercrime: A Review of the Evidence. UK Home Office – This report provides an in-depth analysis of cybercrime trends, including hacking, financial fraud, and cyberterrorism. It highlights the growing sophistication of cybercriminals and the need for enhanced law enforcement strategies
- Kshetri, N. (2017). The Economics of Ransomware. IEEE Computer – This study explores the economic implications of ransomware, detailing how attackers exploit encryption techniques to demand payments. It discusses defensive measures such as backups and multi-factor authentication
- Wall, D. S. (2007). Cybercrime: The Transformation of Crime in the Information Age. Polity Press – This book examines the international legal framework for combating cybercrime, emphasizing the challenges of jurisdiction, cooperation among law enforcement agencies, and the role of organizations like INTERPOL.
Through qualitative research methods, including secondary data analysis, case studies, and comparative legal research, this study provides a comprehensive understanding of the cybercrime landscape and legal responses worldwide. The findings suggest that a standardized approach to cyber law enforcement, combined with enhanced cybersecurity education, can significantly reduce cybercrime risks. Additionally, fostering private-public partnerships and promoting ethical hacking initiatives can further strengthen global cybersecurity efforts. By implementing these measures, countries can create a more secure digital environment, ensuring better protection for individuals and organizations against evolving cyber threats.
General opinion on Cybercrime:
Cybercrime is like a criminal offence but it is based on computer related devices, internetworking devices etc. The persons who are involved in the cybercrime are called cybercriminals. The cybercriminals need not be in a single person, the crime may be done by any group of people or organizations. Most cybercrime is done by hackers, hacking is considered as one of the highest among the cybercrime rate.
The cybercrime may be classified based on the crime done to a single person or between Governments, they are political and personal cybercrimes. Political cybercrime can be indicated as a crime done to speculate on the government’s confidential matters with the help of cybercriminals. On the other hand, personal cyber crimes are done to a single person like hacking one’s account details for the purpose of money, stealing one’s personal information etc.
Forms of Cybercrime:
Cyber Extortion – Cyber extortion is a form of threatening individuals with their personal information, often done through links or online messages. Victims are accessed, leading to the loss of banking details, photos, and passwords, with the goal of personal gain or payback.
Ransomware – Ransomware is a form of cybercrime where malware encrypts personal data and threatens to steal it for profit. It’s widely used in companies and social media, and despite cybercrime awareness, ignorance about social media and internet usage is increasing.
Crypto jacking – Cybercrime, such as crypto jacking, involves criminals using victim devices to steal data for cryptocurrency mining or generation.
Cyber Espionage – The word “Espionage” means stealing or accessing a country’s government confidential data. Cyberespionage is unauthorized access to this data through hacking or viruses. High-level cybercriminals require supercomputers, fast internet, and skilled technicians to commit such crimes, showing the darker side of technology.
Illegal gambling – Gambling is illegal, but it’s connected to cybercrime. Hackers create gambling games, requiring victims to invest large amounts of money. These programs, known as illegal gambling, can lead to significant losses, despite no law stating that all gambling is illegal.
Phishing – Phishing is a form of cybercrime. It means the Cybercriminals or Hackers send a phishing mail to the target where the victim is attracted to enter into the phishing mail it will be redirected to the phishing website, at that time the cybercriminals hack their device and collect the credential or private information or what they want.
Distributed dos attack – Distributed denial of service (DDoS) attacks involve cybercriminals using illegal bots to access websites, creating web traffic and causing delays for victims, primarily targeting login websites, which are convenient for criminals.
Spoofing – Spoofing, a common cybercrime, deceives vulnerable victims by resembling original acts to extract sensitive information without requiring advanced hacking skills.
Statistics on threat in Cybercrime:
According to the cybercrime statistical data sourced by The Hindu and Business Today,
- Nearly 1 billion emails were exposed in a single year, affecting 1 in 5 internet users
- The business cost amount on data breaches estimates on an average of $4.35 million in 2022.
- The number of ransomware attacks increased around 236.1 million globally in the first half of 2022.
- In the year 2020, the attacks of malware will increase by 358% as compared to 2019.
- Phishing is considered as one of the most common cyber threats in both individuals and in business.
In India, the cybercrimes are calculated on an estimated amount of 52974 before 2022, but in the year 2022, it was increased to the number of 65893.
In India, Bharatpur district of Rajasthan is considered to be one of the highest places for cybercrimes.
Global position on Cyberlaw:
Cyberspace prevails all over the world. It denotes all the work is based on digital technology. For example, IT field employees, online jobs, data entry etc. All of these require systems, Laptop, at least a requirement of a smartphone. All these activities also involve cyber related crimes, to regulate these crimes cyberlaw is implemented both for their countries and globally.
- South African cybercrimes and cybersecurity bill is responsible for the activities of cybercrimes in South Africa.
- In India, Information technology act,2000 and Indian Penal code,1860 are taking the charge of cybercrime and are responsible for giving relevant punishments.
- The International Human Rights Law prevails over Australia, Brazil, Czech Republic, Estonia, European Union, France, Germany, Ireland, Italy, Mexico, Netherland, Switzerland and Ukraine and it takes the responsibility of cybercrimes globally.
- The UN charter is one of largest organizations for the actions in cybercrime globally. It extends over the Philippines, Cuba, Russia, Singapore, Egypt, Australia etc.
Beside these safeguard measures, there are several laws and conventions that prevent from cybercrime
- The article 2,4 and 6 of the Computer law, 1995 explains the law forbids the data and system interference, illegal access to computer material and the misuse of devices respectively.
- The convention on cybercrime (also known as Budapest convention) plays an important role in reducing and providing relevant law on cybercrimes.
The range of Cybersecurity across the globe:
The major work of cyberlaw is to reduce cybercrimes and also provides relevant laws for the cybercrimes done whereas the cybersecurity safeguards and prevents the occurrence of cybercrime. The department of cybersecurity predicts the future cybercrimes and makes essential efforts to prevent them. They have a future scope for technological development and also prevent further occurrences of the same crime.
Among the countries in the world, Poland places in the first position for having the strongest cyber security. According to the National Cyber Security Index, the measurement of a country’s ability to prevent cyber threats and management of Cyber incidents is published. As of December 2023, the five countries with the highest scores on the NCSI are,
- Poland (90.83)
- Estonia (85.83)
- Ukraine (80.83)
- Latvia (79.17)
- United Kingdom (75.00)
Challenges in Cybercrime awareness and Cyberlaw Education:
One of the notable challenges in Cybercrime awareness is that the education systems only focus on subject specific knowledge and mark-based management. The awareness of cybercrime is lacking from the beginning. In the current digital world, cybercrime awareness never gained its importance and doesn’t prioritize yet.
In addition to that, the teacher’s education in the scope of Cybercrime is another significant barrier. The current teachers association is lacking knowledge about cybercrimes and isn’t aware about it in most of the scenarios. Moreover, the practical training for tackling the complex situation is not taught yet to upcoming generations. The response to the cyber threats leaves a beginning to the digital crime’s era.
Coming to Cyber Law education, most of the developing countries lack financial and technological resources for the cyber law education. This led to the insufficient cybercrime awareness education leaving the younger generation unprepared for the cyber threats.
Reasons for increasing cybercrime:
- Easy access system – The internet using devices like smartphones are easily accessible by the victim’s password and other biometric authentication. Due to the easy access system, crypto jacking a form of cybercrime is constantly increasing at an alarming rate.
- Size to store computer data in comparatively small space – The form of data into digital is an essential one in the technological world. So, it will become easy for hackers to access the data. The Government should increase the firewall protection for the database.
- Complexity of code – Every man makes mistakes, the complexity to make protection harder paves the way for some loopholes which makes cybercriminals to hack data in a more convenient way.
- Negligence of the user – The main reason for the increase of cybercrime in the past few years is the negligence of the device user. The user is so lethargic while using the device and becomes a victim of cybercrime.
- Laws of evidence – The most important reason behind every cybercriminal case as they cannot make any evidence in the device to prove cybercriminal. It becomes an easy way for a cybercriminal to get rid of the case and bravely commit another crime.
Suggestions to cybercrime management:
Things to be done by common people using internet using devices:
- People who are all using personal computers with internet connections are advised to install anti-virus programmes in their devices. The anti-virus programmes are like a safeguard measure in case their system is hacked, the anti-virus programmes will show whether the system is hacked and take preventive measures to stop them.
- People are advised to change their passwords regularly and also provide strong passwords for their bank accounts, email and other important matters.
- If people’s devices are under software update, the cybersecurity wing advises them to update the latest software because it also helps to clear bugs in the older software and also helps to security patch ups
- Constant listening to Government’s Cyber Crime awareness programmes and they should turn their listened theoretical knowledge into practical knowledge.
- Not only do parents gain knowledge but also, they are advised to teach their children about the cybercrime awareness and intimate their children what to do? And what not to do? While using internet providing devices.
- People should know about cybercrime and also it is mandatory to know what to do while they become a victim.
Things to be done for betterment of society:
- Over 85% of the total population in the world are smartphone users, so the awareness should concentrate on the smartphone users and explain the ways how cybercriminals attack their smartphones and devices.
- Children are considered to be vulnerable sections to the cybercriminals in modern society. The government should concentrate on cybercrime awareness in the school itself because they are the upcoming people in the future society.
- The government should secure their websites and they are responsible for people’s data while they are a cyber threat.
- The awareness in physical mode cannot be accessible to all people in particular regions like villages. So, the awareness should be conducted through social media marketing.
Strategies to Bridge the gap:
- Universal standards of Cyber Laws among all nations:
The cooperation of all nations internationally is an essential one to set a universal standard for Cyber Laws. The existing organizations like Interpol, The United Nations should work together to form Global Cybersecurity regulations.
- Cybersecurity education as a subject:
Government should encourage the educational institutions to set a subject for Cybersecurity education and also offer syllabus, necessary funds etc. to specialize the particular course for students, which will automatically increase the necessary awareness among them.
- Toughening of Laws and Judicial Systems:
The judicial system must acquire the latest technologies and requirements to deal with the evolving cybercrimes. The punishments must be enhanced and toughened to treat these types of cybercrimes.
- Partnership between public and private:
The Government should collaborate with the private companies which will increase the effectiveness of the cybersecurity to tackle threats. The development in the private sector is comparatively higher than the public sector, so that the public or Government companies shall have a chance to equip the needed requirements to handle cyber crimes among common people.
- Improvement of ethical hacking in the cybersecurity research:
The cybercrimes by means of hacking must be handled by ethical hacking methods. The cybersecurity must improve their ethical hackers and hacking to counter the hacking type of cybercrimes. This will also help the cybersecurity officials to enhance their strategies to locate and capture cybercriminals.
Conclusion:
Among all other crimes, Cybercrime is considered to be one of the serious offences as it includes personal data and confidential information. Cybercrime infringes an individual right and it also breaches the government rules and laws. Most of the people use mobile phones and laptops now-a-days and those people aren’t aware of cyberlaw, mainly old age people. Likewise, the Quote “Prevention is better than cure”, Cybersecurity has the responsibility to prevent people from cyber threats and also make awareness among people about cybercrimes.
According to Global Data Risk Report 2018, 21% of files aren’t even protected and they are in crucial condition. Though all measures are made to prevent cybercrime, there is no assurance for not being a victim in a cybercrime thus concluding our paper.
- MAGIZHNILAVAN.P
CHENNAI DR AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM.