M. Ahmad 4750 RP
M. Ahmad 4750 RP
M. Ahmad 4750 RP
Research proposal
Submitted to
Dr. Fozia Naseem
Presented By
Muhammad Ahmad
Roll # 4750
Section A
LLB session 2019-2024
COLLEGE OF LAW
INTRODUCTION
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Multidisciplinary research has extensively established how digital and communications
technologies, especially social media, have a revolutionary influence. Along with the early 1980s
introduction of personal computer workstations and the 1991 advent of the "world wide web,"
the criminological study of computer and cybercrimes has grown exponentially. When this
literature is plotted against advancements in communications, computers, and other digital
technologies, it becomes clear how important technological advances have affected
criminological theory and study. But in this piece, we argue that criminologies of computers and
cybercrime have not given enough thought to recent and continuing technological
advancements like the social web, big data, and the Internet of things. The main areas of focus
for research in this field are still law enforcement and investigation, legislation, and the
motivations of cybercriminals. These topics are frequently examined within the framework of
individualized and "rational offender" theories, which aim to explain technology as only a tool
used in the commission of common crimes. Furthermore, over the past ten years, a lot of
research on computer and cybercrime has mostly focused on the following subjects: hacking,
identity theft, financial theft, illegal online markets and networks, child sex exploitation,
cyberbullying, and, more recently, information privacy and digital surveillance.
This research work focuses on the legal frame work made by the state to control the digital
crimes the laws including Computer Fraud and Abuse Act (CFAA) (United States) is enacted in
1986, the CFAA is a primary legislation that addresses unauthorized access to computer
systems, computer-related fraud, and activities that compromise computer security. It
criminalizes unauthorized access to protected computers and networks, including hacking, data
breaches, and cyber espionage. General Data Protection Regulation (GDPR) (European Union)
implemented in 2018, the GDPR is a comprehensive data protection law that aims to safeguard
the privacy and personal data of individuals within the European Union (EU). It establishes
regulations for the processing, storage, and transfer of personal data, imposes obligations on
organizations handling such data, and outlines severe penalties for non-compliance. The
Cybercrime Convention (Council of Europe) is also known as the Budapest Convention, this
international treaty focuses on combating cybercrime. It addresses a wide range of criminal
activities, including illegal access, data interference, system interference, and content-related
offenses. The convention facilitates international cooperation among signatory countries to
investigate and prosecute cybercrimes effectively. Digital Millennium Copyright Act (DMCA)
(United States), DMCA is a legislation that addresses copyright infringement in digital
environments. It provides a framework for protecting digital content and outlines provisions for
copyright owners to enforce their rights against online infringement. Electronic Communications
Privacy Act (ECPA) (United States) safeguards the privacy of electronic communications and
regulates the interception, access, and disclosure of electronic communications and associated
data. It establishes restrictions on government surveillance and unauthorized access to
electronic communications.
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Hence, to accomplish the actual goals of justice, a clear, logical, and important pathway is
needed to explain the perfect and total flow of blatant scenarios of accountability. New
research in the field of "digital criminology" may be enriched and energized by using the "digital
society" as a basic framework. First, we present a brief summary of past developments in
Internet and mobile technologies, emphasizing how they relate to criminal tendencies and the
constraints that currently exist in criminological research. We also discuss current criminological
investigations into theories of technosociality, which attempt to extend the field's purview
beyond the conventional emphasis on the 'cyber' or 'virtual' aspects of criminal activity and
online crime. In addition, we define the concept of the digital society by incorporating ideas
from multidisciplinary theories of technology and social interaction. Our goal is to clarify how
this idea may go beyond the boundaries of traditional "cyber" criminology, providing a way to
broaden theoretical models and empirical research on crime and justice in the digital age.
CHAPTRIZATION
CHAPTER NO 1:
Existing Mechanisms for International Cooperation (e.g., Council of
Europe Convention on Cybercrime, Budapest Convention) Case Studies
and Examples of Successful Collaboration
Overview of Cybercrime Laws:
The conventional scope of computer and cyber criminologies has arguably developed to the
comparative neglect of a wider range of ways in which computers and digital networks enable
social harm. These include the role of technologies in a wider range of offending and
victimization, and recognize the increasingly embedded nature of online/offline experiences in
crime and justice, the online victimization of marginalized communities (such as on the basis of
race, gender and sexuality), and broader issues of persistent social and digital inequalities as
they relate to crime and justice. Rapidly emerging issues such as online justice movements,
digital vigilantism, and so‐called ‘open‐source’ policing or social network surveillance, provide
further examples under‐examined within criminology. One possible explanation for what might
be described as a ‘siloed’ cyber criminological focus lies in critiques of the discipline more
broadly; namely, that criminology itself has become increasingly insular and self‐referential,
losing some of its fundamental and dynamic origins as the multidisciplinary study of crime,
deviance and justice (see Garland 2011 for a detailed discussion). In light of this, we suggest
that computer and cyber criminologies could benefit from an expansion and revitalization that
might be inspired by reference to developments in social, critical and technological theory from
outside the discipline itself. Indeed, it is our intention to re‐invigorate an ongoing conversation
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within the discipline that might expand the scope of conventional frameworks of cyber-crime
towards a broader exploration of crime and justice in the digital age.
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to tackle the misuse of computers was passed (Wasik, 1991, p. 44). Consistent with many
legislative frameworks the very act of using a computer to breach a network or database was
highlighted as an offence regardless of specific intent (Greenleaf, 1990, p. 21). Indeed, a tension
running throughout these initial legal reforms was the question of whether the act of computer
misuse or unauthorized access itself should be specifically criminalized, in addition to the
equivalent terrestrial or analogue crimes that may result.
The modern ‘World Wide Web’ went live to a global public on 6 August 1991 (Leiner et al.
2009). While understanding and legislating computer crime typified criminological research of
the 1980s and early 1990s, with the ‘global web’ era (1990s to 2000s) came an associated shift
towards Internet and ‘cyber-crime’ research. The increased accessibility of online information
sharing and communications that the global web brought for everyday users was widely
recognized as creating new and massively expanded opportunities for crime because ‘the
perpetrators who attacked machines through machines ... started attacking real humans
through the machines [emphasis added]’ (Jaishankar, 2011, p. 26). Thus, while financial fraud,
data theft, information privacy and identity crime became (and remain now) persistent themes
in criminological research, the attention of ‘cyber-crime’ scholars broadened to include
interpersonal harms such as online child sexual exploitation and ‘child pornography’ (see, for
example, Armagh, 2001, Esposito 1998, Mitchell et al. 2010) with both crimes having become
the focus of much public and policy concern.
The scope and focus of cyber-crime scholarship in the global web era is well captured by David
Wall’s (2001) original and highly influential typology which comprises four categories of cyber-
crime:
1) Cyber‐trespass, incorporating unauthorized access to a computer system, network or data
source, such as through on‐site system hacking, online attacks, and/or malicious software
(‘malware’).
2) Cyber‐deception/theft, including financial and data thefts, intellectual property thefts and
electronic piracy. Such crimes may be facilitated through fraudulent scams, identity fraud and
malware.
3) Cyber‐porn and obscenity, referring to the online trading of ‘sexually expressive material’ and
including sexually deviant and fetish subcultures, sex work, sex trafficking and sex
tourism, as well as child sexual grooming and exploitation material.
4) Cyber‐violence, referring to the various ways that individuals can cause interpersonal harms
to others. Such harms include cyberstalking, cyberbullying, harassment and communications
that support prospective acts of terror (for example, including ‘bomb talk’ or the circulation of
instructions for making explosives and other weaponry).
A further feature of the social web era is the increasingly ‘mobile web’, with smartphones and
wearable technology becoming ever‐more ubiquitous and simultaneously collecting expansive
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‘big data’ about ourselves, our identities and our everyday lives. Criminological research has
also sought to engage with these increasingly automated, algorithmic and computational
capacities as they relate to crime data analytics, law enforcement and justice system practices
(Berk, 2008, Birks, Townsley, Stewart, 2012, Brantingham, 2011). There is to date, however, a
comparative dearth of criminological research that has begun to empirically and critically
explore the range of challenges and opportunities presented by ‘big data’ analytics. More
recently, Janet Chan and Lyria Bennett Moses (2016, p. 25) have noted criminologists’ relatively
small engagement with big data research has tended to lie in two main areas: social media data
analysis; and an increasing uptake of computer modelling/algorithms as a predictive tool in
police and criminal justice decision making. They suggest that criminologists and, indeed, social
scientists more broadly must increasingly ‘share the podium’ and collaborate with technical
experts to further progress this field.
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there might be a gap in the literature concerning the development and implementation of legal
frameworks and regulations specific to these technologies. Research might explore how laws
surrounding biometrics, IoT devices, autonomous systems, or quantum computing address
potential security and privacy concerns. Several jurisdictions have enacted laws requiring
organizations to notify individuals and authorities in the event of a data breach compromising
sensitive information. These laws aim to ensure transparency and prompt action to mitigate
potential harms to affected individuals.
California Consumer Privacy Act (CCPA) (United States): The CCPA is a state-level law that
provides California residents with enhanced data privacy rights. It grants consumers control
over their personal information and requires businesses to disclose their data practices and
provide opt-out options for data selling. Telecommunications (Interception and Access) Act
(TIAA) (Australia), this Australian legislation governs the interception of telecommunications and
access to communications data. It regulates the lawful interception of communications by law
enforcement agencies and security authorities. Directive on Security of Network and
Information Systems (NIS Directive) (European Union) NIS is Directive aims to enhance the
cybersecurity capabilities of EU member states. It mandates organizations in essential sectors,
such as energy, transport, and finance, to implement robust cybersecurity measures and report
significant cyber incidents.
Children's Online Privacy Protection Act (COPPA) (United States), COPPA is designed to protect
the online privacy of children under the age of 13. It requires websites and online services
directed at children to obtain parental consent before collecting personal information from
minors. The United Nations convention against Transnational Organized Crime, while not solely
focused on cybercrime, this international treaty aims to combat various forms of organized
crime, including crimes involving computer systems. It provides a framework for international
cooperation in investigating and prosecuting transnational cybercrimes. Jurisdictional challenges
and international treaties, cybercrimes often transcend national boundaries, leading to
jurisdictional challenges. International cooperation through treaties and agreements, such as
mutual legal assistance treaties (MLATs), helps facilitate cooperation among countries for
investigating and prosecuting cybercrimes committed across borders.
These laws and legal measures play a vital role in addressing digital-related crimes, protecting
individuals' rights in the digital sphere, and fostering a safer online environment. Continuous
updates and adaptations to these laws are essential to effectively combat evolving cyber threats
and safeguard individuals and organizations in the digital age.
CHAPTER NO 2
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Federal Rules of Evidence (FRE):
Rule 401: Defines relevant evidence as "evidence having any tendency to make the existence of
any fact that is of consequence to the determination of the action more probable or less
probable than it would be without the evidence."
Rule 402: States that relevant evidence is generally admissible unless excluded by the
Constitution, federal statutes, FRE, or other rules.
Rule 901: Sets forth requirements for authenticating or identifying evidence, including digital
evidence. Methods may include testimony of a witness with knowledge, distinctive
characteristics, or chain of custody documentation.
Rule 902: Specifies certain types of evidence that are self-authenticating, including certified
domestic records of regularly conducted activity, certified foreign records, and electronic
signatures.
Rule 1001-1008: Governs the definition and handling of various types of evidence, including
writings, recordings, photographs, and duplicates.
Case Law:
Daubert Standard: Established in Daubert v. Merrell Dow Pharmaceuticals (1993), this standard
governs the admissibility of expert testimony, including in digital forensics. It requires that
expert testimony be based on reliable principles and methods, relevant to the case, and applied
reliably to the facts.
Frye Standard: Some states still adhere to the Frye Standard, which requires that scientific
evidence be generally accepted by the relevant scientific community.
United States v. Jones (2012): Supreme Court decision ruling that the warrantless use of a GPS
tracking device on a suspect's vehicle constituted a search under the Fourth Amendment,
highlighting the need for adherence to constitutional principles in digital investigations.
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Section 91: Empowers the court to issue summons, order production of documents, or direct
the discovery and inspection of documents or other material objects, including electronic
records.
Section 165: Grants the power to search and seize documents, including electronic records, if
necessary for the purposes of investigation or trial.
Case Law:
Anvar P.V. v. P.K. Basheer & Others (2014): Supreme Court decision interpreting Section 65B of
the Indian Evidence Act, laying down guidelines for the admissibility of electronic evidence,
including the necessity of a certificate under Section 65B(4) for electronic records.
State (NCT of Delhi) v. Navjot Sandhu (2005): Delhi High Court decision emphasizing the
importance of maintaining the integrity of electronic evidence and adherence to proper
procedures in its collection and preservation.
Both the United States and India have established legal frameworks governing the admissibility
of digital evidence, including statutes, case law, and court rules. These frameworks aim to
ensure that digital evidence is reliable, authentic, and relevant to the case at hand, while also
upholding constitutional rights and procedural fairness. Adherence to these legal standards is
crucial for maintaining the integrity of the criminal justice system in the digital age.
Technological Challenges:
Addressing technological barriers to digital investigations, including encryption, anonymization,
and data obfuscation techniques, requires understanding the challenges they pose and
developing strategies to overcome them:
Encryption:
Challenge: Encryption scrambles data, making it unreadable without the appropriate decryption
key. This can hinder law enforcement's ability to access and interpret digital evidence,
particularly in cases involving encrypted communications or encrypted storage devices.
Strategy:
Legal Measures: Advocate for legislation requiring technology companies to provide law
enforcement with access to encrypted data under certain circumstances, while also balancing
privacy rights.
Technical Solutions: Invest in research and development of advanced encryption-breaking
techniques or tools that can bypass encryption without compromising security for law-abiding
users.
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Cooperation with Tech Companies: Foster collaboration between law enforcement agencies
and technology companies to develop mutually acceptable solutions for accessing encrypted
data while respecting user privacy.
Anonymization:
Challenge: Anonymization techniques are used to conceal the identity or location of individuals
involved in criminal activities, making it difficult to trace their digital footprint and establish
culpability.
Strategy:
Digital Footprint Analysis: Develop sophisticated algorithms and tools for tracing and analyzing
digital footprints across multiple online platforms to uncover patterns of behavior and identify
potential suspects.
Collaboration with ISPs and Online Platforms: Work closely with internet service providers
(ISPs) and online platforms to obtain subscriber information and IP addresses associated with
suspicious activities, while adhering to legal and privacy regulations.
Enhanced Cyber Intelligence: Invest in cyber intelligence capabilities to monitor and analyze
online communications and activities, identifying and disrupting criminal networks operating
under the guise of anonymity.
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cybersecurity experts, law enforcement can enhance their ability to overcome these challenges
and effectively investigate digital crimes in the modern era.
CHAPTER NO 3
Balancing Security, Civil Liberties, Ethical Guidelines & Importance of
Public Awareness in Cybersecurity
AIMS
This research aims to explore, evaluate, and address various dimensions of the legal landscape
concerning cybercrimes, digital justice, and the regulatory framework in the contemporary
digital era. They guide the research in acquiring a comprehensive understanding of legal
dynamics and challenges in addressing cyber threats.
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notification laws in enhancing transparency, accountability, and mitigating harms
resulting from cyber incidents, and analyzing their variations across jurisdictions.
To Draw Lessons from Significant Cybercrime Cases: Extracting insights from notable
cybercrime cases or legal disputes involving digital technologies, aiming to learn from
these experiences and use them to inform the development or modification of legal
approaches in digital criminology.
Methodology
When conducting research on "Crime and Justice in Digital Society" or 'Digital Criminology'
concerning laws and legal aspects, the choice of research methodology is crucial for obtaining
credible and comprehensive findings. Here are potential research methodologies that could be
employed in this research is, conducting a comprehensive review of existing laws, legal
frameworks, international treaties, and case law related to cybercrimes and digital justice. This
involves analyzing statutes, court decisions, policy documents, and legal literature to identify
gaps, inconsistencies, and areas for improvement in the legal landscape. Conducting in-depth
case studies of significant cybercrime cases or legal disputes involving digital technologies.
Comparing legal approaches and outcomes across different jurisdictions can provide valuable
insights into the effectiveness of legal frameworks and international cooperation in addressing
cybercrimes. Utilizing quantitative methods to analyze datasets related to cybercrime statistics,
legal outcomes, or compliance with cybersecurity regulations. Statistical analysis can help
identify trends, patterns, and correlations within legal frameworks and their impact on
cybercrime rates or legal proceedings. Conducting an assessment of the impact and
effectiveness of specific cybersecurity policies or legal regulations. This involves evaluating how
these policies are implemented, their practical implications, and their actual impact on reducing
cybercrimes or improving digital justice.
CONCLUTION
Author David Garland makes the case in an edited collection titled What is Criminology?
(Bosworth, Hoyle, 2011) that criminology is losing its dialogic nature of cross-disciplinary
engagement to the detriment of our discipline and that it needs to be regularly infused with
outside empirical and theoretical innovation. This article argues, in large part, that
criminological responses to computer and cybercrime have, up until now, mainly been insular
and have not involved critical, interdisciplinary interactions with fields like media and cultural
studies, politics, journalism, sociology, and computer science. We argue that this is especially
harmful to the advancement of a new generation of researchers studying the relationship
between technology, crime, deviance, and justice in the digital age. The goals of the proposed
avenues for digital criminological study are to include and greatly expand the traditional
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boundaries of computer and cybercrime studies as well as the legislation designed to combat
these crimes. They are at once a challenge and an invitation for the further development of this
subject. While there are many social, technological, and disciplinary frameworks that can
stimulate criminological research, a common theme unites many of them: the recognition that
the influence of technology on modern crime and justice extends beyond its use as a tool or to a
specific domain of human experience.
Here we have employed the notion of the 'digital society' to emphasize the indispensable role
of technology in our experiences with victimization, crime, and the legal system. This idea
emphasizes how new technological social practices are emerging in the fields of justice and
crime, and it also shows how important social, cultural, and critical societal ideas are to
understanding and combating crime in the digital age. Thus, the term "digital criminology"
refers to the rapidly developing field of scholarly research that uses criminological, social,
cultural, and technical theories and approaches to investigate crime, deviance, and justice in a
digital domain. We support digital criminology as a platform that provides opportunity to
expand the boundaries of modern criminological theory and research, as opposed to being
rigidly classified as a sub-discipline. Our goal is to promote a more thorough and continuous
dialogue within the field that touches on issues of technology, social dynamics, crime, deviance,
and justice. Our ultimate goal is to open up new conceptual and empirical directions in this
developing subject.
When considering the exploration of the legal structure for 'Digital Criminology' in
Contemporary Society, specifically within the context of Pakistani law concerning Crime and
Justice in the Digital Era, the following recommendations and suggestions can be beneficial,
Advocate for reforms in Pakistani cyber laws to address emerging cyber threats
effectively. Propose amendments that align with international best practices, ensuring
adequate legal provisions to combat cybercrimes while safeguarding individual rights
and privacy. And encourage training programs and capacity building initiatives for legal
professionals, law enforcement agencies, and judiciary members in Pakistan. Focus on
enhancing their understanding of digital laws, cyber forensics, and technological
advancements impacting legal frameworks.
Emphasize collaboration and coordination among Pakistani law enforcement agencies,
regulatory bodies, and international counterparts to improve cross-border cooperation
in tackling transnational cybercrimes effectively.
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Support campaigns aimed at increasing public awareness regarding cybercrimes, digital
rights, and safe online practices in Pakistan. Promote initiatives that educate citizens
about legal protections and resources available in case of digital victimization.
Recommend flexible legal frameworks that can adapt to the rapid evolution of
technology. Propose policies that can efficiently address new cyber threats without
compromising individual liberties or impeding technological advancements.
Encourage research initiatives focusing on Pakistani cyber law and policy development
specific to digital criminology. Support studies that assess the effectiveness of existing
laws and policies in combating cybercrimes within the Pakistani context.
Highlight the importance of considering local socio-cultural dynamics while formulating
legal responses to cybercrimes in Pakistan. Ensure that legal interventions are relevant
and sensitive to the unique challenges faced within the country.
Advocate for collaborations between the government, private sector, and civil society
organizations to address cybersecurity challenges collectively. Encourage partnerships
that facilitate information sharing and joint efforts in combating digital crimes.
Stress the need for legal responses to cybercrimes in Pakistan to be in line with ethical
principles and human rights standards. Ensure that legal measures prioritize fairness,
justice, and respect for individual rights.
Recommend periodic evaluations of Pakistani cyber laws to assess their efficacy and
relevance in addressing evolving cyber threats. Suggest a review mechanism to ensure
continual adaptation to technological advancements.
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