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Digital
Deception: The Undue Influence Enhancement in the Sentencing
of Cyber-Predators Caught in Online Sting Operations
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- MacKenzie
Fillow
The
article reveals how easy it is to meet and mislead children
through and on Internet. It is interesting to note through
a survey that nearly 27 million children between 2 and 17
used Internet from home during September 2003. When cyber-predators
were caught through online sting operations and found guilty
of statutory violations (prohibiting persuading or attempting
to persuade a minor to engage in criminal sexual activity)
the judges of US had to look into the details of Section 2A3.2
of "Criminal Sexual Abuse of a minor under the age of
16 years or attempts to commit such acts" for obtaining
sentencing guidelines. The article focuses on the ambiguities
in Section 2A3.2 and concludes that digital deception by law
enforcement combined with severe punishment of cyber-predators
provides a better and greater protection to children.
© 2004 North Carolina Journal of Law and Technology, Vol.
5, Issue 2, Spring 2004. Reprinted with permission.
Cyberspace
Sovereignty and Jurisdiction
- -
Georgios I Zekos
Cyberspace
is not merely used for operation of computers but it is also
used as a medium to carry out virtual transactions by personnel
who work with computers. Unlike the physical world, to understand
cyberspace we should take the physical characteristics of
the real world and map them from a concrete to an abstract
virtual world. The disputes arising out of cyberspace jurisdiction
are typical in nature. Understanding the topography is very
much abstract as it is difficult to define the overtaking
in cyberspace and overriding principles throw us in a state
of imbroglio. The need of the hour is to have cyber arbitral
tribunals with jurisdiction to resolve all activities that
are being carried out on the Net and the enforcement of awards
and e-awards should be made through international conventions.
It may be mentioned here that cyberspace sovereignty is the
force through which cyber society exercises its law-making
force, which is not specifically connecting a specific State
sovereignty but is connected to cyberspace as a whole. Real
world disputes are solved by people in the real world itself
but virtual world disputes need an entirely different approach
as there are variety of factors that justify the jurisdiction
for electronic transactions. There is a need for legislation
defining cyberspace jurisdiction to address solutions to cyber
grievances.
© 2005 IUP. All Rights Reserved.
Role
and Security of Payment Systems in an Electronic Age
-- Mark
Fajfar
There
is growing recognition of the newer and wider possibilities
that technology presents before the society in modern times.
Information Technology together with communication technologies
has brought about unprecedented changes in the way people
communicate, conduct business, pleasure and social interaction.
One of the silent revolutions in the electronic field is payment
systems and these systems are moving from paper towards 'real-time'
which means that payments are settled or cleared not only
in few days but 24 hours a day. Where there are benefits,
the other side of the coin is also being taken care of, which
means that disadvantages also mount in the form of money laundering
and illegal activities. One should not forget that the easier
the transactions, the more risk a customer faces as it is
nearly impossible to know the identity of the persons initiating
the transactions. Ultimately, it is for the common man to
understand how difficult it is to balance the difficulties
in electronic payment systems without proper identification
and without proper legislation it would be more difficult
to entertain payment transactions the electronic way.
© 2004 Mark Fajfar. All Rights Reserved.
Cyber
Terrorism and its Solutions: An Indian Perspective
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Praveen Dalal
The
aim of this article is to analyze the adverse impact of "Cyber
Terrorism" on the national interest of India. Cyber terrorism
is a catastrophic phenomenon that has not yet attracted the
attention of the Indian Legislature. The law for Cyber Terrorism
is not sufficient and this problem can be tackled either by
making a separate law or by making suitable amendments in
the already existing Information Technology Act, 2000. In
the absence of the political and legislative will to fill
in this lacuna, the judiciary has to play a proactive role
and construe the provisions of existing laws, particularly
those of the Constitution of India, in a liberal and purposive
manner.
© 2005 IUP. All Rights Reserved.
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