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A broad, inclusive focus is necessary to address
problems of cybercrime, going beyond criminal law, penal
procedures and law enforcement. The focus should include
requirements for the secure functioning of a
cyber-economy optimizing business confidence and
individual privacy, as well as strategies to promote and
protect the innovation and wealth-creating potential and
opportunities of information and computing technologies,
including early warning and response mechanisms in case
of cyberattacks. Behind the prevention and prosecution
of computer-related crime looms the larger challenge of
creating a global culture of cybersecurity, addressing
the needs of all societies, including developing
countries, with their emerging and still vulnerable
information technology structures.
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The European Commission adopted a proposal for
new laws against cybercrime to harmonise laws
that deal with hacking, viruses and denial of
service attacks. All EU Member States are also
members of the Council of Europe which recently
agreed a Cybercrime Convention with the same
aim.
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In Indian law, cyber crime has to be voluntary
and wilful, an act or omission that adversely
affects a person or property. The IT Act
provides the backbone for e-commerce and India’s
approach has been to look at e-governance and
e-commerce primarily from the promotional
aspects looking at the vast opportunities and
the need to sensitize the population to the
possibilities of the information age. There is
the need to take in to consideration the
security aspects.
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