(a) Global Developments

The 12th Conference of the Directors of ‘Criminological Research Institutes' of the Council of Europe discussed about computer related crime for the f‌irst time in 1976. As a sequel to this Conference, the Select Committee of the Council of Europe on Economic Crime conducted a study of the economic crime in general and made its recommendations on the same.

In 1983, the Organisation for Economic Co-operation and Development (OECD) undertook a study on the possibility of harmonisation of international criminal laws, with a view to address the menace of computer crime. Thereafter, a report entitled 'Computer Related Crime - Analysis of Legal Policy‘ was published in 1986. The report encompassed existing laws, and made out proposals for reforms in a number of Member States. The report recommended a list of computer crime that countries should consider prohibiting and penalising by means of legislations. Subsequently, The Council of Europe, initiated its own study on computer crime with a View to evolve guidelines to help legislators determine the nature and nuances of computer related crime. The minimum list of offences def‌ined by OECD was expanded by enlisting several other types of computer misuse, as crime. The Committee of Ministers, of the Council of Europe accepted these recommendations in September 1989.

At the 12th plenary meeting of the Eighth UN Congress on prevention crime, which took place in 1990, the representative of Canada introduced a draft resolution on computer related crime. The UN Congress adopted the resolution at its 13th plenary meeting. Thereafter, in 1994, the United Nations prepared a Manual on 'The Prevention and Control of Computer - related Crime' as part its 'International Review of Criminal Policy'.

(b) Legislations on Computer Crime, World-wide

To combat the challenges posed by new kinds of techno-crime, popularly known as the 'cyber crime‘, which is enabled by the advancement of computer technology, many of the industrialised countries have beefed themselves up against such crime. A few of the developing countries have also evinced interest in f‌ighting against this menace. A number of countries have introduced extensive amendments to their substantive criminal law. These are USA, Austria, Denmark, France Germany, Greece, Finland, Italy, Turkey, Sweden, Switzerland, Australia, Canada and Japan. The salient features of the Legislations of different countries are narrated below.

• Australia has included offences relating to computers in the ‘Australian Crime Act‘. The penalty for unlawful access to data in computers is imprisonment from 6 months to 3 years. The penalty for damaging data in computers, is imprisonment upto 10 years.

• Canada has named three computer crime namely (a) Possession of devices to obtain unauthorised telephone facilities, ([2) Unauthorised access to computer and (c) Committing mischief with data. The imprisonment varies f‌lour 2 years upto 10 years depending upon the crime.

• Germany has classif‌ied the following offences as computer crime: Data spying, Computer fraud, Alteration of data, Computer sabotage. The punishment varies from upto 2 years to upto 5 years depending upon the nature of crime.

• Japan has amended its penal code and has classif‌ied following activities as computer crime. Electronic record made wrongfully, Electronic record wrongfully made by a public servant, False entry in an authentic deed, False entry in permit licence or passport, Interference with business by destruction or damage of computerised data, Interference with computer and Destruction of private documents, Destruction of public documents.

• Singapore has classif‌ied the following activities as computer crime, in its ‘Computer Misuse Act' - Unauthorised access to computer material, Unauthorised access to computer systems with intent to commit or facilitate commission of further offences, Unauthorised modif‌ication of computer material, Unauthorised use and interception of computer services. The punishment varies f‌rom f‌ine upto Singapore 2000-20000 dollar and/or imprisonment of 2-5 years duration.

• In their ‘Computer Misuse Act', UK has included unauthorised access to computer material and unauthorised access to computer systems with intent to commit or facilitate commission of further offences, as the computer crime. The punishment stipulated is imprisonment from 6 months to 5 years.

• United States has made extensive amendments to its laws, classifying the following as computer crime

• Causing transmission of data/program, knowing that such transmission will damage a computer network, data or program or that such transmission will withhold or deny use of computer, network etc.

• Intentional unauthorised access of computer to obtain f‌inancial information

• Wilful unauthorised access of computer data related to national defence or foreign relation

• Knowingly causing transmission of data/program to damage a computer network, data

• Unauthorised access of computer with intent to defraud.

• Unauthorised access of computer of a Government Department or Agency.

• Unauthorised access of computer/computer data of Federal interest with intent to defraud.