Enough Law of Horses and Elephants Debated… Let’s Discuss the Cyber Law Seriously

International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 5, May-June 2017

6 Pages Posted: 2 Jun 2017 Last revised: 30 Aug 2017

See all articles by Sandeep Mittal

Sandeep Mittal

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science; Member, Indian Police Service

Prof. Priyanka Sharma

Raksha Shakti University

Date Written: June 20, 2017

Abstract

The unique characteristic of cyberspace like anonymity in space and time, absence of geographical borders, capability to throw surprises with rapidity and potential to compromise assets in virtual and real world has attracted the attention of criminal minds to commit crimes in cyberspace. The law of crimes in the physical world faces challenge in its application to the crimes in cyberspace due to issues of sovereignty, jurisdiction, trans-national investigation and extra-territorial evidence. In this paper an attempt has been made to apply routine activity theory (RAT) of crime in physical world to crime scene cyberspace. A model for crime in cyberspace has been developed and it has been argued that the criminal law of crime in physical world is inadequate in its application to crimes in virtual world. To handle crime in cyberspace there is a need to address issues of applicable laws and conflicting jurisdiction by regulating the architecture of the internet through special laws of cyberspace. A case has been put forward for having an International Convention of Cybercrime with Council of Europe Convention on Cybercrime as yard stick.

Keywords: Cybercrime; Cyber Law; Cyberspace; Routine Activity Theory (RAT); Cyber-criminology; EU Convention on Cybercrime; Law of Horse

Suggested Citation

Mittal, Sandeep and Sharma, Priyanka, Enough Law of Horses and Elephants Debated… Let’s Discuss the Cyber Law Seriously (June 20, 2017). International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 5, May-June 2017. Available at SSRN: https://ssrn.com/abstract=2977374 or http://dx.doi.org/10.2139/ssrn.2977374

Sandeep Mittal (Contact Author)

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science ( email )

Outer Ring Road, Rohini, Sector 3,
Adjacent to Jaipur Golden Hospital
Delhi, 110085
India

HOME PAGE: http://mittal.one

Member, Indian Police Service ( email )

New Delhi
India

HOME PAGE: http://mittal.one

Priyanka Sharma

Raksha Shakti University ( email )

New Mental Corner
Meghaninagar
Ahmedabad, Gujarat 380016
India

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