CYBER JURISPRUDENCE
The dynamics growth of cyber jurisprudence around the globe has promoted the growth of new dimensions in law.
CYBER CRIME
The cyber world which is a complex matrix of convergence of technologies raises problems for traditional laws. Moreover, cyber space has no particular geographical location which is another challenge for the contemporary legal system. Mobile communication, cloud computing, electronic commerce etc. have not only been beneficial to intelligent people, but have also attracted unwanted players. Internet telephony, electronic payment, internet banking etc. are an intrinsic part of the urban life now. It is true that these advancements in technology have saved time and made life easier for humanbeings, but everything has two sides to it, its merits and demerits. Similarly, in the cyber space these new technological advancements can be used for promoting the progress of mankind or for commission of a crime. There exist a new breed of criminals who cause damage to computer systems, mobile phones, electronic commerce and so on. Cybercrime is a fast-growing area of crime. It is a threat to national and international socio-economic, political and security system. More and more criminals are exploiting the speed, convenience and anonymity of the Internet to commit a diverse range of criminal activities that know no borders, either physical or virtual, cause serious harm and pose very real threats to victims worldwide. The Interpol makes the
Amid the ever changing world we live in where the internet expands globally, the question arises how to regulate and prosecute wrongdoings. As technology advances daily, laws have to adapt quickly to ensure that the people are protected in the physical sense and in the virtual sense. For the most part the lack of physical presence is difficult to identify the
Changing social values: These values change over time and the law will represent changing social values. The values can only represent most people. Changing social values are a great source of motivation for law reform. Gay marriage is an example of a changing social value.
However, these measures do not work in full for the following reasons: 1. There has been a week cooperation between the EU Member States and the special EU institutions (Europol and Eurojust) in this sphere, in particular on the exchange of information and in coordinating the work on joint investigations and operations. 2. There is a general reluctance on the part of States to provide financial assistance and to give up part of their political sovereignty to European counter-terrorism agencies. The consequence of financial constraints is the impossibility of effective formation and maintenance of the functioning of counterterrorism structures and mechanisms at the interstate level.
Whats Next: And over the next serval years the law could change even more. Laws could become even more specific about cybercrimes.
Prominent people, the rich and famous, do not deserve red carpet or VIP treatment by prosecutors? Families of the rich and famous, or prominent people receive special treatment by the Justice system because of their social status, a system that is supposed to be giving equal justice to everyone regardless of social status. According to Karmen (2016), “certain victims were more likely to be given first class or VIP treatment, while others tend to be neglected, abused, and treated as second-class complainants by the same agencies and officials” (p. 240). In brief, social status decides how law enforcement handles a case.
“Black Code: Surveillance, Privacy, and the Dark Side of the Internet,” written by Ronald J. Deibert, outlines different issues and benefits that have arised due to the growing use of the internet. Deibert begins his essay providing information about the internet such as the rapid growth of smartphones, how the internet has taken over most of societies lives, and key differences between previous technological innovations compared to the internet. He continues his essay by discussing the U.S.A. Patriot Act and how this law should be retracted based on the fact that various companies, like Google, can give the government our personal searches if they ask. Then, he talks about various types of cyber crimes and how we need stronger regulations to control the internet so these crimes would not be possible. Deibert concludes his essay explaining how the internet has provided many benefits in today’s nation, but the internet needs stricter regulations for our own protection.
“Profiling has taken a turn for the worst” Race shouldn’t be what moves police to believe that one group is more crime driven than another. And it shouldn’t be an argument that racial profiling by law enforcement is a real issue because it is and it must be dealt with now or never or this problem with continue into the future and most likely get worse over time. Over the course of my research I’ve found two key points that make my argument valid. Point one being that police are moved to police in there ways because of past Jim Crow laws. Point two is based on statistical facts about how many different races get stopped or frisked by police on average.
Ideally, the discussed vice is complicated and could easily link with other kinds of cybercrime such as cyber-warfare or cyber-terrorism. In explaining the disturbing nature of organized cybercrime, the author compares the operations of ordinary physical world criminal organizations such as ISIS to the use of hackers by state agencies. Similarly, the author uses information from known online groups such as Anonymous, LulzSec, and Unlimited Operations to explore the connection between the internet groups and their physical world
“The special properties and technical complexity of digital evidence often makes it even more challenging, as courts find it difficult to understand the true nature and value of that evidence (Boddington, 2015)”. It’s not uncommon for innocents to be convicted and guilty people acquitted because of digital evidence (Boddington, 2015). However, other factors can also affect the validity of the evidence, including: failure of the prosecution or a plaintiff to report exculpatory data; evidence taken out of context and misinterpreted; failure to identify relevant evidence; system and application processing errors; and so forth (Boddington, 2015). “There is a perception, largely undeserved, that digital evidence somehow alters the true nature of the original evidence and is therefore unreliable. Presented properly, digital evidence is capable of being of tremendous assistance to the courts (Hak,
Death Penalty, Constitutional or Not Imagine a family member of yours was unjustly framed with something he didn’t commit and he is sentenced to death penalty, how would you feel? Death sentence has been thrown back and forth with the argument that it is or it is not an acceptable way of punishing. Offenders are doing what they know best, breaking the law, but the government instead of fixing the problem by doing something better, the make it worse by taking another life from society, which can be considered a “crime”. The death penalty is currently being used by thirty-four out of the fifty in the United States. Death penalty often establishes the question, “Does the government have the right to take away someone’s life?”
Clerks have changed how they file and process documents. Judges have become more aware of crimes committed with new technology. Law enforcement now uses technology in the apprehension of criminals. Technology has played a substantial part in modernizing the field of law. Evolution of Technology in Trial Law
GLOBALIZATION, TECHNOLOGY AND LAW Globalization and Technology Globalization has completely transformed the way in which the world and its people interact. Earlier there were several roadblocks in the ability to communicate and interact with the people worldwide. But now, the world is becoming more and more globalized in all spheres: Business, financial, social, economical, etc. Over the years, a lot of technological advancements have come into picture including the changes in the field of Information Technology, having a significant impact on the global landscape.
With computer technologies and the internet has connected the world together with the ability to communicate with people in different countries. As a society, we have become very dependent on computers and when the systems go down we cannot function as well, businesses cannot conduct their business. With the internet connecting the world together, it gives concerns for cyber-terrorism and cyber-attacks. Cyberterrorism is when a group attacks a target with intention of causing harm and further political, social, religious, or other goals. Cyber-attacks are attacks on a target system carried about by different people and may not be associated with a terrorist group.
This evolution in Information Technology and the major innovations made in it is a major driving force behind globalization, which actually set the cart rolling. Globalization and Law This concept can rather be understood as ‘GLOBALIZATION OF LAW’. Globalization of Law includes the translocal networks of local laws as well as the complex interaction between the nation, state and its law .
CYBER CRIME Cybercrime is one of the fastest growing type of crime in our society today and have also been a serious problem since it causes a lot of damages and also affect us in different ways. But before I go further let me start by telling you the meaning of cybercrime, Cybercrime is different and more heinous than normal crime that we know. This crime is committed in an electronic medium and here means read is not a requirement and is done in secret Feldman(2013). Cyber war takes place largely in secret, unknown to the general public of crimes include pornography, cyber fraud, defamation, cyber stalking, harassment, IPR theft, data hostage, money laundering, phishing, e-mail bombing, cyber war, illegal monitoring. Secondly let me talk about the effect of cybercrime in our society today.