The government of various states is struggling with cyber crime laws. Europe Cyber crime convention is one such committee that deals with issues in cyber crime. Cyber Issues if remained unsolved, effects the core national interest.
Cyber Crime includes offenses related to computer. In modern times, there is a gradual increase in no. Of cybercrimes. With the advent of technology, the use of computers has heightened. The first law related to computer crime was established in 1970. International agreements on cyber law are crucial steps against cybercrimes. By 2001, issues relating to cybercrime used to play an important part in international agreements.
In the 1980s, the Council of Europe and the Organization for Economic Cooperation Development was formed to address the issues of cybercrime and e-evidence. Council of Europe also provides for guidance on the criminalization of computer-related offenses . Budapest Convention was opened for signature in 2001. It was formed in order to provide a framework for the criminalization of computer-related frauds, investigation, and digital evidence in relation to any cyber fraud.
The main objective of this convention is to provide for Judicial International Corporation in cybercrime. Members of the council of Europe, Japan, South Africa, Canada have signed and ratified the same. 49 states were the member of this treaty by August 2016. A dedicated Program Office on Cybercrime was established in 2014 by the Council of Europe.
Convention on Cybercrime
Budapest Convention was the first international convention to talk about cybercrimes. The main objective of this convention is laid down on its preamble which aimed at enforcing common criminal strategy for cyber frauds. The convention aims at :
- Corporation of States in respect of Domestic criminal Substantive Law
- Providing domestic criminal Law for investigation of such offenses.
- Establishing an International Regime for cyber-related offenses.
The convention deals with various different forms of offenses such as data interference, system interference, afraid, forgery, child pornography, illegal access, offenses related to copyright, and other neighboring rights. However, India has not yet joined the Budapest Treaty. India didn’t sign the convention because it didn’t participate in the negotiations.
Many countries adopt guidelines of the Budapest Convention for strengthening their legislations. However, becoming a member party is more beneficial.
Parties of Budapest Convention are also members of the Cybercrime Convention Committee ( T-CY). Parties can also take part in future negotiations. Parties must show corporation with each other. By 2018, there were already 61 state parties including Argentina, Australia, Canada, Cabo Verde, Chile, Costa Rica, Dominican Republic, Israel, Japan, Panama, Mauritius, Morocco, Paraguay, Philippines, Sri Lanka, Senegal, Tonga, USA and other European countries.
 Data Protection Act 1970 by Germany
This blog is written by Riddhi Chadha, Fairfield Institute of Management & Technology.
Some of her Blogs-
- INTERNET BANKING SECURITY THREATS: Legal framework
- JURISDICTION ISSUES IN E-COMMERCE
- DOCTRINE OF LIS PENDENS
- Guardianship under Hindu and Muslim law
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