Cybercrime Law: Global Overview & Compliance
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Irshad KhaliqCybercrime Law: Global Overview & Compliance
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Irshad KhaliqLESSON 14
Cybercrime and law: International Perspective
gTLD (Generic Top-Level Domain):
A gTLD, or Generic Top-Level Domain, is the highest level in the hierarchical Domain Name System
(DNS) of the Internet. It appears at the end of a domain name and helps categorize and organize websites
on the internet. Examples of gTLDs include .com, .net, and .org.
New gTLDs Selected by ICANN on November 16, 2000:
ICANN, the Internet Corporation for Assigned Names and Numbers, is the organization responsible for
managing and coordinating the Domain Name System. On November 16, 2000, ICANN selected seven
new gTLDs to expand the options available for domain names. Each of these gTLDs serves a specific
purpose:
1. .aero (for the entire aviation community):
- This domain is intended for use by the aviation industry, including airlines, airports, and other
related entities.
2. .biz (for business purposes):
- Designed for businesses and commercial use, .biz is an alternative to the widely used .com domain.
3. .coop (for cooperatives):
- Meant for cooperatives, which are organizations owned and operated by a group of individuals for
their mutual benefit.
4. .info (unrestricted):
- Unlike some gTLDs with specific purposes, .info is unrestricted and can be registered for any
purpose. It's commonly used for informational websites.
5. .museum (for museums):
- Intended for use by museums and related institutions, this domain is designed to highlight cultural
and educational content.
6. .name (for personal names):
- This domain is designed for individuals to register their personal names as a part of their online
identity.
7. .pro (for professionals):
- Targeted towards professionals, such as doctors, lawyers, and other licensed individuals, .pro is
meant to convey a sense of professionalism.
ccTLD (Country Code Top-Level Domain):
A ccTLD is a two-letter domain extension associated with a specific country or territory, like .mx for
Mexico. Administered independently, each ccTLD is managed by a nationally designated registration
authority. Currently, there are 252 ccTLDs, and WIPO has a program with a database portal for online
searches related to ccTLDs, providing information on registration policies and contacts.
International Cyber Crime:
There is no commonly agreed single definition of “cybercrime”.
- It refers to illegal internet – mediated activities that often take place in global electronic networks.
- Cybercrime is "international" or "transnational" –there are ‘no cyber – borders between countries'.
- International cybercrimes often challenge the effectiveness of domestic and international law and
law enforcement.
International Jurisdiction:
International jurisdiction involves determining the most suitable courts in a country to hear and decide a
case with an international dimension. This occurs when parties have different nationalities or reside in
different countries, potentially leading to a conflict of jurisdiction among several countries' courts. Rules
of international jurisdiction establish criteria for deciding which country's courts will handle the case.
Convention on Cybercrime:
The Budapest Convention, or the Convention on Cybercrime, is the initial international treaty tackling
internet and computer crime. Drafted by the Council of Europe in Strasbourg, France, it aims to
harmonize national laws, enhance investigative methods, and foster cooperation among nations. The
convention includes active involvement from observer states Canada, Japan, South Africa, and the United
States.
ICANN's Role in Internet Regulation:
ICANN, the Internet Corporation for Assigned Names and Numbers, plays a crucial role in ensuring the
unique identification of addresses on the Internet. It coordinates global unique identifiers, essential for a
unified global Internet. Specifically, ICANN manages the Internet Assigned Numbers Authority (IANA)
functions, vital technical services that support the continuous operation of the Internet's underlying
address book, known as the Domain Name System (DNS).
The IANA functions include:
- The coordination of the assignment of technical protocol parameters including the management of
the address and routing parameter area (ARPA) top-level domain
- The administration of certain responsibilities associated with Internet DNS root zone management
such as generic (gTLD) and country code (ccTLD) Top-Level Domains.
- The allocation of Internet numbering resources; and other services. ICANN performs the IANA
functions under a U.S government contract.
LESSON 15
CYBER LAW COMPIANCE
Need of Cyber Law
The need for Cyber Law arises from the challenges posed by trade and business conducted through
electronic means. Legal issues such as determining the location of transactions in cross-border Internet
sales impact consumer protection and jurisdiction. Additionally, the absence of provisions for electronic
contracts and signatures in many countries' contract laws necessitates legislative reforms to facilitate
participation in electronic commerce.
Laws for electronic transaction
UNCITRAL, the United Nations Commission on International Trade Law, is a key global legal entity
under the United Nations, dedicated to advancing commercial law reform for enhanced international
trade. It develops universally accepted conventions, model laws, and rules to promote modern, fair, and
harmonized standards in commercial transactions worldwide. Additionally, UNCITRAL provides
valuable legal and legislative guides, along with practical recommendations, and offers technical
assistance for law reform projects to facilitate global trade expansion.
A report was prepared by the UNCITRAL experts on “Legal value of computer records” and based on
that report the Commission adopted the following recommendations to states to review legal
requirements:
Affecting the use of computer records as evidence in litigation.
That certain trade transactions or trade related documents be in writing.
Necessitate handwritten signature or other paper-based method of authentication on trade related
documents; and
That documents for submission to governments be in writing and
manually signed.
Electronic Transaction Ordinance 2002
The Electronic Transaction Ordinance 2002 was established by the Government of Pakistan, aligning
with its IT Policy from the year 2000. Informed by UNCITRAL model laws, the ordinance incorporates
elements from both Civil and Common law jurisdictions, considering various legislative frameworks. It
adopts the "International Consensus Principles on Electronic Authentication" by the Internet Law and
Policy Forum, implementing a "two-tier" approach. This approach involves studying global practices,
regulatory models, and best practice guidelines in electronic authentication and reflects an international
consensus on electronic transactions.
Two-Tier Approach
Some jurisdictions are adopting a "two-tier" approach, combining and synthesizing the standards for the
operation of PKIs and a broad definition of valid electronic signatures for legal purposes. This approach,
seen notably in the European Union and Singapore, acknowledges the non-mutually exclusive nature of
the previous two approaches.
International Consensus Principles
International Consensus Principles prepared by Internet law and Policy Forum (ILPF) in Sept’ 2000 to
create a predictable legal environment are as below:
Remove legal barriers to electronic authentication.
Respect freedom of contract and parties’ ability to set provisions by agreement.
Harmonization: make laws governing electronic authentication consistent across
jurisdictions.
Avoid discrimination and erection of non-tariff barriers.
Allow use of current or future means of electronic authentication.
Cyber Law Situation in Pakistan
The cyber law situation in Pakistan is generally positive, surpassing many developing countries.
However, to enhance the legal framework, there is a need for a coordinated effort to review existing
drafts thoroughly. It is essential to create drafts for remaining necessary laws under a single focal point in
the Federal Government to prevent conflicts, overlapping, and gaps in legislation.
Common questions
Powered by AIThere is a need for specific cyber laws to address issues arising from cross-border electronic commerce, such as determining transaction locations, consumer protection, and jurisdictional challenges. Many countries' contract laws lack provisions for electronic contracts and signatures, which necessitates legislative reforms . The legal framework must evolve to support e-commerce effectively, bridging gaps caused by traditional legal requirements like handwritten signatures and paper-based authentication .
The gTLDs introduced by ICANN on November 16, 2000, such as .aero, .biz, .coop, .info, .museum, .name, and .pro, play a critical role in categorizing and organizing websites on the internet. These domains are designed for specific purposes and communities, such as the aviation industry (.aero), businesses (.biz), cooperatives (.coop), and more . By facilitating these categorizations, the gTLDs enhance the structure and accessibility of online resources, and they provide alternatives to existing domains like .com, catering to diverse needs and interests .
The cyber law situation in Pakistan highlights the challenges of developing comprehensive digital legal frameworks, such as the need for a coordinated effort to review existing laws and drafts thoroughly and to produce necessary drafts under a single governmental authority. Despite progressing better than many developing countries, the absence of cohesive efforts results in potential conflicts, overlaps, and gaps in legislation . This situation exemplifies the complexities emerging markets face in aligning their laws with global standards while addressing local needs .
The Budapest Convention, drafted by the Council of Europe, is designed to tackle the challenges of international cybercrime by harmonizing national cyber laws, enhancing investigative methods, and promoting international cooperation. It provides a framework for effective legislative and judicial processes across borders, involving observer states like Canada, Japan, South Africa, and the United States, thereby addressing the transnational nature of cybercrime that transcends cyber-borders and jurisdictional boundaries .
The Convention on Cybercrime facilitates legal cooperation among nations by setting common standards for cybercrime legislation, endorsing improved investigative techniques, and promoting cross-border cooperation. By harmonizing national laws and practices, the convention reduces legal disparities that offenders might exploit and provides a framework for coordinated action against cyber offenses, involving countries such as Canada, Japan, South Africa, and the United States .
UNCITRAL plays a pivotal role in advancing global trade law by developing universally accepted conventions, model laws, and rules to facilitate fair and harmonized standards in commercial transactions. It provides legal guides, recommendations, and technical assistance for law reform projects, particularly emphasizing reforms to accommodate electronic transactions . UNCITRAL's efforts ensure that international trade law keeps pace with technological advancements, enabling smoother cross-border trade and legal certainty in electronic commerce .
International jurisdiction in cybercrime cases involves challenges such as determining the suitable court to hear cases with international dimensions when parties belong to different countries. This can lead to jurisdictional conflicts as different countries' laws might apply. Rules of international jurisdiction seek to establish criteria for deciding which country's courts handle such cases, reflecting the complexity posed by the borderless nature of cybercrime .
The International Consensus Principles aim to create a predictable legal environment by removing barriers to electronic authentication, respecting freedom of contract, harmonizing laws across jurisdictions, avoiding non-tariff barriers, and permitting various means of authentication . These principles impact the regulatory environment by fostering legal consistency and ensuring that regulatory frameworks adapt to technological advancements, thereby facilitating secure and efficient electronic transactions globally .
The 'two-tier' approach to electronic authentication synthesizes standards for Public Key Infrastructures (PKIs) and provides a comprehensive definition of valid electronic signatures. This approach, adopted by jurisdictions like the European Union and Singapore, recognizes the non-exclusive nature of previous methods and establishes harmonized standards for electronic transactions . It involves studying global practices and implementing best practice guidelines to foster an internationally consistent legal environment for electronic authentication .
ICANN manages key operational roles essential to maintaining global internet infrastructure through the IANA functions. These include the coordination of technical protocol parameters, administration of DNS root zone management, allocation of Internet numbering resources, and other services under a U.S. government contract . These roles are crucial as they ensure the stability and unified operation of the internet's addressing system, preventing duplications and conflicts in domain assignments essential for internet reliability and seamless global connectivity .