Navtej Kohli

Internet has proved to be of immense use in the modern world. Modern technology has penetrated every scope and strata of society. Be it a vegetable vendor or a chief executive officer of a firm, everyone now carries a mobile and is aware of what a computer is. This infiltration of technology in our lives has, by and large, proved to be very beneficial. But one must not forget, like everything else, technology too can be exploited. In today's increasingly volatile world of mobile activated bombs and websites of various militant groups, it is not hard to imagine the rate at which Internet is being abused. This exploitation, among other things, has resulted in certain crimes being committed through or against computers, their affiliated networks and the information contained in them. Crime in virtual life is no different from one committed in real life. This gave birth to the neologism of cyber crime.

Albeit the term is widely used in law circles, there are various disagreements regarding what actually entails cyber crime. President of Naavi.org, India's largest cyber law information portal suggests that the term is a misnomer. "The concept of cyber crime is not radically different from that of conventional crime," says in a report on the portal, "Both include conduct whether act or omission, which cause breach of rules of law and are counterbalanced by the sanction of the state. Cyber crime may be said to be one of those species, of which, the genus is conventional crime, and where either the computer is an object or subject of the conduct constituting crime."

Despite the similar legal nature of both conventional and cyber crime, they are substantially different in practice. Cyber crimes are far easier to learn how to commit and require fewer resources relative to the potential damage caused. These crimes can be committed in a jurisdiction without being physically present in, and until recently, their status of illegality has been, at best, vague. The global technology policy and management consulting firm McConnell Institute notes "The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes." What makes matters worse is the fact that efficient law enforcement is complicated by the transnational nature of cyberspace. Security technology has been used extensively by both public and private organizations to protect themselves from those who would steal, deny access to, or destroy valuable information. But in today's rapid world of e-commerce, self protection, however essential, alone cannot make up for a lack of legal protection. Therefore, the need for separate legislation arises.

Two basic types of cyber crimes exist. One in which computers themselves are targets, such as criminal data access, data damage, malicious code, and various other kinds of information theft on computer networks. The other type consists of a situation where the computer is used as a tool to commit virtual versions of various conventional crimes like cyber terrorism, electronic fraud and forgery, cyber stalking and spamming, etc. To handle such a vast nature of cyber crimes, a separate ordinance is a step in the right direction. A rule of law in any capacity always constitutes towards creating a trustworthy environment for business and individuals to work in. But merely passing a law is not enough to curtail any crime. The purpose shall only be achieved once it's implemented properly and its awareness spread among the public.

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