Struck by a Cyber-Criminal?

Instances of cyber crime have increased tremendously over the last couple of

years. Nations across the world are concerned about the drastic increase in

computer-related crime. The Computer Security Institute and the Federal Bureau

of Investigation recently conducted a survey. This survey queried 583 computer

security experts from a variety of quarters like business, medical institutions,

universities and government agencies. The survey has thrown up some very

startling results. As per the survey, 85% of respondents have reported as being

victims of computer crime, which has costed them millions of dollars. The survey

further concluded that the most serious losses actually resulted from theft of

proprietary information. The survey further came up with the finding that in the

year 2001, 90% of the organizations surveyed were victims of website defacement.

This figure was up from 64% in the year 2000.

In response to the threat of cyber crime, the FBI has set up a National

Infrastructure Centre and has formed Regional Computer Intrusions Centers in

different offices throughout the United States.

Unfortunately, we do not have a survey like that done in India. As per the

preliminary findings of an informal survey I conducted, out of every 10

instances of cyber crime that happen in the corporate world, only one is

reported in our country. This is possibly because a major chunk of corporate

India is not prepared to report matters relating to cyber crime.

This is all the more so because law enforcement agencies are not very

equipped to deal with instances of cyber crime. The awareness about

investigating such instances and prosecuting criminals involved is at a minimal

level. The impending danger of adverse media publicity is also a deterrent in

reporting cyber crime.

Companies in India need to come up with comprehensive strategies to fight

cyber crime. Crores of rupees are lost each year in India by the corporate

sector, thanks to instances of cyber crime. The proposed Communications

Convergence Bill 2001 has also addressed some specific issues relating to cyber

crime. However, there is an urgent need to have a fresh look at the criminal

jurisprudence of the country and also the need to adapt the same to the specific

requirements of the online environment.

We need to come up with a comprehensive legal strategy to counter the menace

of cyber crime. There is an urgent need to overcome the initial inhibitions and

hesitancy on the part of the corporates to report the matter relating to cyber

crimes. We need to come up with a detailed comprehensive code on cyber crime and

computer-related crime. Indian corporates have to adapt themselves with the

changing times and adopt the appropriate mechanisms to fight cyber crime.

Brushing the issue below the carpet will not help in the long run. You will

have to face the problem head on. It’s time we changed the mindset of the

Indian corporate fraternity in order to ensure that India puts up a spirited

fight against cyber crime. It will also be prudent for the Indian government to

sign the International Cyber Crime Treaty so that India does not lag behind.

This will ensure that India continues to be on the same boat as a majority of

forward looking nations, in terms of fighting and regulating cyber crime.

The present scenario requires a pragmatic approach from Indian corporates as

well as from the Indian government, in coming up with a comprehensive approach

to fight cyber crime. Only a well-thought-out assault can ensure effective

policing.

The author is a Supreme Court advocate