Significance of Cyber Laws Today?

Question

Actually, I have to write an article on "Do Cyber Laws Really Matter?".
So, please help me with my work by providing ideas and stats. Thanks.

Answer 1

I offer the following only as my own personal opinion. When talking about Cyber Laws, I have to ask the somewhat rhetorical question, "What illegal activities can a person engage in that are strictly computer oriented?" In other words, the computer is simply a tool. How that tool is used determines if a crime has been committed. I can used a baseball bat the way it was intended (in a baseball game) or I can use it to smash your skull or break a window to get into your house. Do we need to legislate specific laws against baseball bats or can we use existing laws (aggravated assault, attempted murder, burglary, etc.) to prosecute and punish the violator?

Any inanimate object can be used for illegal purposes. Why is it necessary to go after the object? If I use a pen to write a ransom note, do we need to go after the pen company under the legal concept of vicarious liability? How about the manufacturer of the ink that came out of the pen? How about the company that manufactured the notepaper I used? When do we finally draw the line and say, "Enough is enough. Punish the person."?

Laws do not stop crime. Criminals do not obey laws. That's why they are criminals. So how will a new set of computer or cyber laws prevent crimes? Laws merely serve as a platform by which the courts can assess punishment AFTER the crime has been committed and the perpetrator has been arrested and convicted. Laws provide the judiciary with the means to impose sentence and fine. You don't hear of honest, law-abiding people being rewarded for NOT violating the law, do you? Of course not. When was the last time a police officer stopped you while you were driving and issued you a voucher to get paid $100 for not speeding?

I challenge anyone to tell me how a cyber law will prevent my identity from being stolen if I'm stupid enough to give it out to a stranger on some web site. I challenge anyone to tell me how a law will prevent a child from being abducted if the parents don't take the responsibility teach the child certain safety rules and monitor what their child is doing on the computer.

Just a few random thoughts from a retired law enforcement officer.

plrr

Answer 2

Depends on the laws. Some of them are, as another answerer responded, somewhat redundant. In many cases, the computer is simply a tool to perform a criminal act, and we should focus on the act.

That said, there's many cases where the laws do not (or did not, prior to the "cyber laws") adequately cover certain computer acts, or address them with enough weight. Those laws were crafted with the intent of closing those holes - which, depending on the law, happened with varying degrees of success.

The primary thing to remember with cyber laws is that, for the most part, the people making the laws do not understand the issues as well as a security professional would. The laws that get made often overlook certain things, advocate incorrect stances, or are simply out of date. Computers advance in leaps and bounds - things that were "impossible" a decade ago are commonplace now - and the laws cannot keep up with that pace. The only way that a law can be relevant for any period of time is for it to address issues in more philosophical terms - state that, for instance, personal information such as SSNs be encrypted, as opposed to advocating a particular system.