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LEGAL FRAMEWORK FOR COMBATING EMERGING FORMS OF CYBERCRIME

ABSTRACT In the rapidly changing world, the emergence of cybercrime is one of the most serious issues. In this digital world, effective laws are essential to combat the rise of cybercrimes. This blog explores how international laws and a country’s laws work together to combat cybercrimes. Crimes that occur in the virtual world are known as cybercrime. Crimes like hacking, stealing information etc. on the internet are some examples. There are two sets of rules for countries, to fight cybercrimes. 1) International cyber law – it is a global rule where different countries agree to work together to combat crimes effectively related to the digital world. These global rules help to catch wrongdoers, even if they run away to other countries. 2) National legislation – it is also called local rules where each country has its own specific rules. These rules can be different in each country to deal with their local problems and to protect their people within their boundaries. This blog helps to understand how these rules work together to combat cybercrime nicely in different situations. To make the internet a safe and fair place for everyone we need good laws and rules for that. And also it is important to keep improving these rules to protect us from new and emerging cybercrimes.

KEYWORDS: · Cybercrime – When we use computers, computer resources, networks and the internet to commit any illegal activities or criminal acts is known as cybercrime. · Cyberspace – Cyberspace is a virtual space. It is also known as the environment of the internet. · International cyber law – It is a set of global rules that many countries agree upon to manage and deal with cybercrime on the internet. · National legislation – It is a set of local rules and laws that a country’s government creates to govern and enforce things within that specific country. INTRODUCTION In today’s interconnected world, cybercrime has grown to be a pervasive and constantly changing threat. Legal frameworks must keep up with the evolving environment or go with the evolving environment


because cybercriminals are constantly changing their strategies. Effective legal frameworks have been necessary because of emerging forms of cybercrime which continuously challenge challenge the security of individuals, organizations, and nations. For combatting cybercrime effectively, countries have two sets of rules that are international cyber law and national legislation. UNDERSTANDING CYBERCRIME Before going into legal frameworks, it is important to know about cybercrime, any criminal activities or illegal acts which are committed by using a computer, computer resources and internet in the cyberspace by anyone and anywhere in the world is known as cybercrime. INTERNATIONAL CYBER LAW International cyber law is also known as cyberspace law and is a global rule where different countries from all over the world come together and agree upon an agreement or treaty to follow the rules and regulations when it comes to dealing with cyber-related issues to combat cybercrime. BUDAPEST CONVENTION is the first international treaty toCouncil of address cybercrime. It is also known as the Council of Europe Convention on Cybercrime as it was drafted by the Councilof Europe. This convention was signed by the US on 23rd November 2001 in Budapest and this convention came into force in 2004. The purpose of this convention was to encourage international cooperation in the investigation and prosecution of cybercrimes while promoting the harmonization of cybercrime laws among participating countries. It makes it easier for nations to cooperate when a crime involves several jurisdictions. NATIONAL LEGISLATION It is also known as the local law of different countries where different countries have their own particular set of house rules and regulations to deal with cybercrimes and safeguard the citizens. These laws are only effective withinthe confines of the nationin which they were passed by its legislative bodies. These laws address the local problems of their nation and protect their people. It tailors laws to specificneeds within a country becauseit plays a critical role in combatting cybercrime apart from international treaties which play a crucial role in combatting cybercrime. Therefore the countries need to adapt and update their laws to fight emerging cybercrime challenges. PROVISIONS DEALING WITH EMERGING FORMS OF CYBERCRIME Legal provisions and frameworks mainly target prevention, prosecution and deterrence to tackle these kinds of emerging forms of cybercrimes. Here are some provisions commonly used to combat cybercrimes-


· Comprehensive cybercrime legislation - To combat emerging threats related to cybercrime the government make or update comprehensive cybercrime law because these laws criminalize particular acts which is related to new cybercrimes. · Cyber security and data protection law – The government implement effective regulations for strong cybersecurity to safeguard sensitive data and also report the breaches of data to prevent emerging cybercrimes. · Strengthening international cooperation – Different nations developed international relations through agreements, treaties and conventions to tackle cross-border rising cyber crimes effectively. THE COMPARATIVE ANALYSISBETWEEN INTERNATIONAL CYBER LAW AND NATIONAL LEGISLATION. Let’s come to the comparative analysis of international cyber law and national legislation together for combating emerging cybercrimes. Jurisdiction- It is a difficult task to determine the jurisdiction of cases related to cybercrimes. Cybercrimes are frequently transnational, making it difficult to determine which laws should be applied in that situation international cyber law offers guidelines for dealing with cross-border cybercrime, which aids in resolving this problem and also seeking extradition in cross-border cybercrime cases. Substantive Offenses – In the context of cyber law, substantive offences refer to the particular categories of illegal cybercrimes. These offences are defined and dealt with by both international cyber law and national legislation. Hacking, data breaches, online fraud, and cyberbullying are a few examples. Procedural Aspects – The procedural aspects of legal frameworks include the rules of evidence collection, data preservation, and court proceedings. International cooperation in procedural matters is framed by international cyber law, particularly by the Budapest Cnventiono. It streamlines procedures for gathering digital evidence, providing one another with legal support, and extraditing suspects across international borders. SOLUTIONS The solutions to overcome the emerging forms of cybercrimes are given here as - Rapid Legislative Adaption – To address new cyber threats, national legislation should be adaptable and quick to change. Legislative bodies are required to review and quick to revise laws frequently to ensure their applicability.


International Convention – Nations should keep working to create and implement international conventions that encourage cooperation in combating cybercrime. Collaboration is essential in today’s networked world.

Enhanced Cybersecurity Measures – To make cybersecurity measures stronger, government should collaborate with the private sector. Public-private collaboration can aid in the protection of sensitive data.

Building Capacity – Developing countries should receive assistance and resources from law enforcement, the judiciary and cybersecurity professionals to combat cybercrimes effectively.

Data Protection and Privacy Laws – Strong data protection and privacy laws should be implemented and upheld to protect sensitive and private data.

International Cyber Norms – Establishing global standards for because these conduct in cyberspace because these standards can improve stability and deter cyberattacks.

Public-Private Collaboration – Collaboration between the public and private sectors should be promoted to develop and disseminate threat intelligence and cybersecurity best practices.

AUTHOR’S CONTENTION


It is crucial to remember that fighting with new emerging cybercrimes requires an adaptable legal system and ongoing awareness of emerging threats. The legal provisions should be reviewed and updated regularly to keep the provisions more effective in a rapidly developing digital environment. Global collaboration is also very necessary to combat the serious issue of emerging cybercrimes because cybercrime does not respect borders it can happen anywhere in the world by any person of any nationality. Apart from these legislations all people should also be aware of cybercrimes and should always be alerted of the kind of illegal activities happening online so that online fraud them are reduced at least.

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