A Comparison of Cyber-Crime Definitions in India and the United States

A Comparison of Cyber-Crime Definitions in India and the United States

Himanshu Maheshwari, H.S. Hyman, Manish Agrawal
DOI: 10.4018/978-1-60960-123-2.ch003
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Unlike traditional crimes, it is difficult to define legal jurisdiction and authority for prosecuting cyber crimes. This issue is further complicated by differences in definitions of cyber crime in different countries. This chapter motivates the issue with an example of the ILOVEYOU virus and compares the legal provisions to combat cyber-crime in the US and India. The authors find that there are significant differences between India and the US in definitions of cybercrimes. It appears that in the United States, it is a crime to access information that has been declared to be confidential. In India, criminality requires dissemination of the information obtained without authorization. Another notable difference between the prosecutions of cybercrimes in the two countries relates to obscenity and decency laws.
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Cyber Crime

Cybercrime is defined as crimes committed on the Internet using the computer either as a tool or a targeted victim. However, some overlap occurs in many cases and it is difficult to have a clear cut classification system. We breakdown cybercrime along two dimensions. The first dimension the computer as a tool and as a target. The second dimension is the classification of crime itself: Person, Property, and Victimless/Vice.

In our first dimension, we divide cybercrime between the following two categories:

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