The Legal Framework And Challenges In Prosecuting Cybercrimes Including Hacking, Identity Theft, And Online Fraud

Authors

  • Dr. Rupali Debbarma

Abstract

The expeditious progression of technology and the ubiquitous utilisation of the internthave engendered a novel category of illicit conduct commonly referred to as cybercrimes.

This research focuses on the legal framework and challenges associated with prosecuting cybercrimes, specifically hacking, identity theft, and online fraud. The study begins by examining the existing legal framework for addressing cybercrimes, including international conventions, national legislation, and the role of law enforcement agencies. It explores the complexities of defining and classifying cybercrimes, as well as the jurisdictional issues that arise due to the borderless nature of the internet. The research also delves into the challenges faced by law enforcement agencies and legal systems in investigating and prosecuting cybercrimes. These challenges include the anonymous nature of online activities, the difficulty of gathering digital evidence, and the need for specialized technical expertise within the legal system. Additionally, the study investigates the difficulties in establishing the identity and location of cybercriminals, often operating from different jurisdictions. Furthermore, the research analyses the legal and technological measures implemented to combat hacking, identity theft, and online fraud. It examines the effectiveness of these measures, such as computer crime laws, data protection regulations, and international cooperation agreements.

The study also explores the role of digital forensics and the admissibility of digital evidence in court, as well as the legal issues surrounding the investigation of cybercrimes, including the balance between privacy rights and the need for law enforcement access to electronic communications. By analysing case studies and empirical data, this research aims to provide insights into the strengths and weaknesses of the current legal framework for prosecuting cybercrimes. It also offers recommendations for enhancing legal measures, international cooperation, and technical capabilities to effectively combat cybercrimes and protect individuals, businesses, and governments from the ever-evolving threats in the digital realm.

Ultimately, this research contributes to a better understanding of the legal challenges in prosecuting cybercrimes and provides a foundation for future improvements in legislation, enforcement, and international collaboration in the fight against cybercriminal activities.

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Published

2023-03-25