Moily for Separate Law to Tackle Cyber Crimes

New Delhi
Moily for Separate Law to Tackle Cyber Crimes
Law Minister M Veerpan Moily today advocated enactment of separate laws and creation of a specialised agency to deal with the menace of cyber crimes, as amending the existing IT Act will not solve the problem.

"I think instead of amending the IT Act we should have separate laws for each of the classification of the cyber crimes. It is a matter we need to deal with, instead of tinkering with the IT Act from time to time to meet the contingencies," Moily said here.

Making laws only to deal with contingencies is "not a desired thing" as it may lead to curtailing the basic substantive rights of the entrepreneurs, Moily said at the launch of the "Cyber Law Enforcement Programme and National Consultation Meeting."

The Law Minister also lamented that the country lacked a specific enforcement agency to deal exclusively with cyber laws. He said several countries like United States and South Korea have created such agencies.

He also said that since challenges posed by cyber crime were new to India, the country did not have a collective skill of experts to deal with such situations. The Law Minister pointed that judicial officers also lacked training to deal with cases related to cyber crimes.

The minister pointed out that even the IT industry lacked self-regulation in areas of privacy and data collection.

Moily said information, communication and technology is the future of global economy. But at the same time it had the potential to destroy and can become a symbol of evil.

The minister said India will have to manage its IT resources so that they can be used for the benefit of the country and not against it.

Quoting the 2005 figures of the US' Federal Bureau of Investigation (FBI), Moily said US companies lost 67.2 billion dollars due to cyber crime.

He said nature of information available in the cyber world and anonymity attached to it created problems for law makers in dealing with IT related crimes. Moily said it was essential to get hold of the information which is intangible in nature and changes computer servers in a fraction of seconds.

The minister stressed on the need to be forewarned of an impending crime than taking action after it was committed. He also pointed at the need to have the latest equipment and technologies to deal with the crime which are committed in a borderless environment.

He said cyber space was a field which was guided by the future, not past and cautioned that law enforcement must work hand in hand with the civic rights of the society.

Speaking on the occasion Attorney General G E Vahanvati said a student in Philippines went unpunished for unleashing a deadly "I love you virus" on the Internet which affected computer systems of White House, FBI and Pentagon as country had no laws to deal with such crimes.

CJI Says Blanket Ban Not A Solution

Chief Justice of India K G Balakrishnan today suggested that the government should impose a ban on websites that exclusively display pornography and hate speeches.

"For local jurisdiction there are problems on account of the structure of the flow of information over the internet. End users can fake identities using proxy servers to misguide the investigating agencies. The government can place ban on websites that exclusively circulates pornography and hate speeches," he said here.

"However, it would not be right to place a blanket ban on all categories of websites. It is also important to distinguish between intermediaries such as network service providers, website operators and individual users for the purpose of placing liabilities," Balakrishnan said.

He made the suggestion while inaugurating the "Cyber Law Enforcement Programme and National Consultation Meeting" organised by the Supreme Court in association with the Cyber Appellate Tribunal, Ministry of Communication Information Technology, Department of Information Technology and the National Legal Services Authority (NALSA).

Judges, DGPs of various states, besides cyber technology experts participated at the meeting held at the NASC Complex.

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