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 International Journal of Innovations & Advancement in Computer Science
IJIACS
ISSN 2347 – 8616
Volume 6, Issue 12
December 2017

Cybercrime in India: Trends and Challenges

Juneed Iqbal Bilal Maqbool Beigh

Department of Computer Science Department of Computer science
Mewar University Cluster university of Kashmir
Srinagar, India Srinagar , India

Abstract:The incredible evolution of information society cybercrime by ratifying to Council of Europe’s

and its dependence on Internet usage in world and Budapest Convention on Cybercrime. India is still
particularly in India is laterally accompanied by reluctant to join the convention. This article critically
vulnerability of societies to cybercrime. Cybercriminals analyses the facts and shows why India should sign
are not constrained by geographical limitations the Budapest Convention on Cybercrime.
ascyberspace is a free-flowing, borderless and a global
problem. These crimes can’t be deterred by local laws, This article is divided into three sections. First section
India in such scenario is like sitting ducks. India to explores Budapest Convention in terms of its
counter Cybercrime has engaged itself in various evolution, crimes concealed by the convention and
bilateral agreements like cyber agreement with Russia contents of the convention which include chapters,
and a framework agreement with the US, resent visit of sections and articles. Second sections discusses the
prime minister of India Mr. Modi to Israel to sign Indo- facts that why Budapest convention is required to
Israel cyber framework is yet another effort of India to combat cybercrime, like tremendous growth of
streamline its cyberspace. These bilateral agreements internet usage, incredible surge in cybercrime,
have limited scope and are inadequate and ineffective geographical constraints etc. Third section discusses
to deal with cybercrime. India need a multilateral treaty
the reasons which India put forward to support their
which will harmonize its laws by a common criminal
policy, and deal with international co-operation for reluctance to sign Budapest Convention. This
combating cybercrimes at global level. The treaty sectionalso discusses the facts that why India should
should help in formulating effective legislation and join Budapest Convention.
robust investigative techniques, which can foster
international co-operation to combat cybercrime. The
Council of Europe’s Budapest Convention on
II. WHAT IS BUDAPEST CONVENTION
Cybercrime, is such international multilateral treaty Budapest Convention on Cybercrime was adopted,on
dealing with international co-operation for combating 8 November 2001 at its 109thSession, by the Council
cybercrimes at global level. India should sign the of Europe’s Committee of Ministers in Strasbourg,
convention to combat cybercrime, even the US and France, with the active participation of the Council of
Israel with whom India is having bilateral agreements Europe's observer states Canada, Japan, South Africa
to combat cybercrime have joined Budapest cybercrime and the United States. On 23 November 2001,the
convention.
treaty was opened for signature in Budapest by the
member States and the non-member States which
Keywords: Budapest; Cyber; Convention; have participated in its elaboration and for accession
India; Cybercrime; Council of Europe.
by other non-member States, as it is openeven to the
states which are not member of the Council of
I. INTRODUCTION Europe, and on 1 July 2004 it entered into force.As
India has a dream to convert its society into of 30 June 2017, the number of states who ratified
information society by applying “Digital India” the Convention is 55, in addition 15 signatories and
paradigm, where government sector, the private States are invited to accede[1]. The Kingdom of
sector and individuals completely depend on the Tonga acceded Budapest Convention as its
Internet to conduct sensitive transactions and store 55thmember.
important data on the cloud.This makes India
vulnerable to cybercrimes. World is responding to

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December 2017

related fraud and forgery);

3. Content-related offences(child pornography)
and
4. Criminal copyright infringement.[3]
These categories covers crimes like, prying and
interference of data and system networks, illegal
access, child pornography, misappropriationuse of
devices,computer-related fraud and copyright
offences[3].
The Convention
The Budapest convention contains four chapters,
chapter second has three sections and chapter three
has two sections. Sections contain many articles, in
total it has 48 articles.
Chapter I – Use of terms
Figure 1 This chapter has single section and contains article
1(Definitions). This article defines for the purpose of
Source : http://www.coe.int/cybercrime convention computer system, computer data, service
provider and traffic data.
The Budapest Convention, is the first international Chapter II – Measures to be taken at the national
multilateral treatydealing with international co- level
operation for combating cybercrimes at global This chapter contains three sections. Section
level. Its main objective isto address these crime 1(Substantive criminal law) contains article 2-13,
by harmonizing national laws by a common section 2(Procedural law) contains articles 14-21.
criminal policy across borders and by formulating Section 3 (Jurisdiction) contains single article 22.
a legislation and improving investigative Section 1 of Chapter II (substantive law issues)
techniques, which can foster international co- “covers both criminalization provisions and other
operation to combat cybercrime and to protect connected provisions in the area of computer- or
society against such criminals. “It also contains a computer-related crime”[4]. This section has five
series of powers and procedures such as the search groups, 4 groups deal with 9 offences and last group
of computer networks and interception”[2]. The deals with ancillary liability and sanctions[5]:
Convention detersany “action directed against the
confidentiality, integrity and availability of Group 1 – Offences against the confidentiality,
computer systems, networks and computer data as integrity and availability:
well as the misuse of such systems, networks and  Illegal Access
data by providing for the criminalization of such  Illegal interception
conduct, as described in this Convention, and the  Data interference
adoption of powers sufficient for effectively  System Interference
combating such criminal offences, by facilitating  Misuse of Devices
their detection, investigation and prosecution at
Group 2 –Computer-related offences:
both the domestic and international levels and by
providing arrangements for fast and reliable  Computer-related forgery
international co-operation”[2].  Computer-related fraud
Crimes concealed by the Convention  System Interference
Crimes covered by Budapest Convention can  Misuse of Devices
broadly be categorized into[3] : Group 3 – Content-related offences:
1. Offences against the confidentiality, integrity
 Offences related to child pornography
and availability of computer data and systems;
2. computer-related offences (computer

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Group 4 –Offences related to infringements of in which case its provisions apply – and where such a
copyright and related rights: basis exists – in which case the existing arrangements
 Offences related to infringements of also apply to assistance under this Convention.
copyright and related rights Computer- or computer-related crime specific
assistance applies to both situations and covers,
Group 5 – Ancillaryliability and sanctions:
subject to extra-conditions, the same range of
 Attempt and aiding or abetting procedural powers as defined in Chapter II”[4].
 Corporate liability Group 1–General principles relating to
 Sanctions and measures international co-
Section 2 of Chapter II (procedural law issues) – Operation:
“the scope of which goes beyond the offences
defined in Section 1 in that it applies to any  General principles relating to international co-
offence committed by means of a computer system operation
or the evidence of which is in electronic form – Group 2–Principles relating to extradition:
determines first the common conditions and  Extradition
safeguards, applicable to all procedural powers in Group 3–General principles relating to mutual
this Chapter”[4]. This section has five groups all assistance:
dealing with procedural law issues:
 General principles relating to mutual assistance
Group 1 – Common provisions
 Spontaneous information
 Scope of procedural provisions Group 4–Procedures pertaining to mutualassistance
 Conditions and safeguards
Requestsin the absence of
Group 2 – Expedited preservation of stored applicableinternational agreements:
computer data
 Procedures pertaining to mutual assistance
 Expedited preservation of stored computer requests in the absence of applicable
data international agreements
 Expedited preservation and partial disclosure  Confidentiality and limitation on use.
of traffic data
Section 2(Specific provisions)has 3 groupscontains
Group 3 – Production order articles 29-35. It“contains a provision on a specific
 Production order type of transborder access to stored computer data
Group 4 –Search and seizure of stored computer which does not require mutual assistance (with
data consent or where publicly available) and provides for
the setting up of a 24/7 network for ensuring speedy
 Search and seizure of stored computer data
assistance among the Parties”[4].
Group 5 –Real-time collection of computer data
Group 1– Mutual assistance regarding provisional
 Real-time collection of traffic data
Measures:
 Interception of content data
 Expedited preservation of stored computer data
Section 3 of Chapter II (Jurisdiction) deals with
 Expedited disclosure of preserved traffic data
jurisdiction provisions over nine offences listed in
Section 1 of Chapter II established by adopting Group 2–Mutual assistance regarding investigative
legislative and other measures. powers
Chapter III –International co-operation  Mutual assistance regarding accessing of stored
This chapter contains two sections. Section computer data
1(General principles) of Chapter IIIcontains article  Trans-border access to stored computer data with
23-28, It is divided into 4 groups which deal consent or where publicly available
withextradition rules and provisions concerning  Mutual assistance regarding the real-time
traditional and computer crime-related mutual collection of traffic data
assistance. “It covers traditional mutual assistance  Mutual assistance regarding the interception of
in two situations: where no legal basis (treaty, content data
reciprocal legislation, etc.) exists between parties –

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Group 3–24/7 Network: June 30 2017, there were an estimated 3.84 billion
 24/7 Network. Internet users in the world. Among all Internet users,
49.85% are located in the Asia region. As can be
Chapter IV –Final provisions
seen in Table 2, China has the most
This chapter has single sections containing articles
Internet users in the Asia and India, issecond largest
36-48 and “contains the final clauses, which – with
and, is followed by Japan, the Republic of Korea
certain exceptions – repeat the standard provisions
(South Korea) and the Philippines. Japan has 94%
in Council of Europe treaties”[4].
population on internet South Korea 89.4 and Hong
 Signature and entry into force Kong 82%, Indian population is catching up to 35%.
 Accession to the Convention
 Territorial application Internet Users in World by Regions- 2017
 Effects of the Convention
Asia Europe Lat Am/Carib
 Declarations
 Federal clause Africa North America Middle East
 Reservations Oceania/Australia
 Status and withdrawal of reservations 3.80% 0.70%
8.31%
 Amendments
 Settlement of disputes 10.11%
 Consultations of the Parties
 Denunciation 49.85%
 Notification 10.21%

III. WHY BUDAPEST CYBER CONVENTION

The fast growth of internet use in world has been 17.02%
accompanied by substantial surge in cybercrime.
Smartphones, social media, cloud computing and Figure 1
many other smart devices have increased the Source: Internet World Stats-
demand of Internet, but at the same time have http://www.internetworldstats.com/stats.htm
increased the vulnerability to crimes which can
harm a person, a society or even a nation. Modern
societies live in a cyberspace run by Internet. In
WORLD INTERNET USAGE AND POPULATION STATISTICS
JUNE 30, 2017 - Update

Population Population Internet Users Penetration Growth Internet

World Regions
( 2017 Est.) % of World 30 June 2017 Rate (% Pop.) 2000-2017 Users %

Africa 1,246,504,865 16.6 % 388,104,452 31.1 % 8,497.0% 10.1 %

Asia 4,148,177,672 55.2 % 1,909,408,707 46.0 % 1,570.5% 49.8 %

Europe 822,710,362 10.9 % 650,558,113 79.1 % 519.0% 17.0 %

Latin America / Caribbean 647,604,645 8.6 % 392,215,155 60.6 % 2,070.7% 10.2 %

Middle East 250,327,574 3.3 % 146,972,123 58.7 % 4,374.3% 3.8 %

North America 363,224,006 4.8 % 320,059,368 88.1 % 196.1% 8.3 %

Oceania / Australia 40,479,846 0.5 % 28,180,356 69.6 % 269.8% 0.7 %

WORLD TOTAL 7,519,028,970 100.0 % 3,835,498,274 51.0 % 962.5% 100.0 %

Table 1 (Source: Internet World Stats- http://www.internetworldstats.com/stats.htm)

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ASIA INTERNET USE, POPULATION DATA - MARCH 2017

Population Internet Users, Internet Users Penetration Users
ASIA
( 2017 Est.) (Year 2000) 31-Mar-2017 (% Population) % Asia

Afganistan 34,169,169 1,000 4,005,414 11.7 % 0.2 %

Armenia 3,031,670 30,000 2,126,716 70.1 % 0.1 %

Azerbaijan 9,973,697 12,000 7,531,647 75.5 % 0.4 %

Bangladesh 164,827,718 100,000 67,245,000 40.8 % 3.6 %

Bhutan 792,877 500 295,177 37.2 % 0.0 %

Brunei Darussalam 434,448 30,000 310,205 71.4 % 0.0 %

Cambodia 16,076,370 6,000 4,100,000 25.5 % 0.2 %

China * 1,388,232,693 22,500,000 731,434,547 52.7 % 39.0 %

Georgia 3,972,532 20,000 2,411,370 60.7 % 0.1 %

Hong Kong * 7,401,941 2,283,000 6,066,357 82.0 % 0.3 %

India 1,342,512,706 5,000,000 462,124,989 34.4 % 24.7 %

Indonesia 263,510,146 2,000,000 132,700,000 50.4 % 7.1 %

Japan 126,045,211 47,080,000 118,453,595 94.0 % 6.3 %

Kazakhstan 18,064,470 70,000 13,236,444 73.3 % 0.7 %

Korea, North 25,405,296 -- 14,000 0.1 % 0.0 %

Korea, South 50,704,971 19,040,000 45,314,248 89.4 % 2.4 %

Kyrgystan 6,124,945 51,600 2,076,220 33.9 % 0.1 %

Laos 7,037,521 6,000 1,400,000 19.9 % 0.1 %

Macao * 606,384 60,000 460,752 76.0 % 0.0 %

Malaysia 31,164,177 3,700,000 21,684,777 69.6 % 1.2 %

Maldives 375,867 6,000 270,000 71.8 % 0.0 %

Mongolia 3,051,900 30,000 1,500,000 49.1 % 0.1 %

Myanmar 54,836,483 1,000 12,278,000 22.4 % 0.7 %

Nepal 29,187,037 50,000 6,400,000 21.9 % 0.3 %

Pakistan 196,744,376 133,900 35,835,400 18.2 % 1.9 %

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Philippines 103,796,832 2,000,000 54,000,000 52.0 % 2.9 %

Singapore 5,784,538 1,200,000 4,699,204 81.2 % 0.3 %

Sri Lanka 20,905,335 121,500 6,614,164 31.6 % 0.4 %

Taiwan 23,405,309 6,260,000 20,601,364 88.0 % 1.1 %

Tajikistan 8,858,115 2,000 1,622,924 18.3 % 0.1 %

Thailand 68,297,547 2,300,000 41,000,000 60.0 % 2.2 %

Timor-Leste 1,237,251 0 340,000 27.5 % 0.0 %

Turkmenistan 5,502,586 2,000 789,151 14.3 % 0.0 %

Uzbekistan 30,690,914 7,500 15,453,227 50.4 % 0.8 %

Vietnam 95,414,640 200,000 49,741,762 52.1 % 2.7 %

TOTAL ASIA 4,148,177,672 114,304,000 1,874,136,654 45.2 % 100.0 %

Table 2
Source: Internet World Stats- http://www.internetworldstats.com/stats.htm

As seen from above tables Internet usage has disrupting its political structure, which was seen
increased manifolds specifically due to pervasive recently in US presidential elections. Every new day
technology in terms of smart phones, cloud witnesses a new variety of attacks like recent
computing, Internet of things and many more. On WannaCry Ransomware attacks and thousands of
one side human life is comforted but on the other such new breed of malwares. Figure 2 indexes daily
side Cyber-attacks has gone to the next level. In message volumes by top malware categories, as on
2016 we saw “extraordinary attacks, including January-March 2017 [9].
multi-million dollar virtual bank heists, overt Ransomware vs. Banking Trojans vs. Other
attempts to disrupt the US electoral process by Malware
state-sponsored groups, and some of the biggest
distributed denial of service (DDoS) attacks on
record powered by a botnet of Internet of Things
(IoT) devices”[6]. Now cybercriminals do not just
attack assets of an individual but they attack big in
terms of robbing a bank stealing millions of dollars
for example from 2013 onwards , such attacks
happened like Carbanak a remote backdoor,
designed for espionage, data exfiltration and to
provide remote access to infected machines led
serious of attacks on US banks[7]. The Ban swift
group stole $81 Billion from Bangladesh’s central
bank and is responsible for many such bank heists
like $12million from an Ecuadoran bank, Banco
del Austro SA[8] etc. Cyber Criminals go beyond
Figure 2
the imagination as they attack a nation by

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“Cybercriminals are using social media to sell and Cybercrime beyond boundaries
share data. Over 50% of all fraud activity is related Cyber Crime is a global problem, it is not only the
to carding and associated fraud-as-a-service magnitude of loss it is causing but the ease with
offerings”[10]. which it can be committed across borders without
any geographical constraints. Jurisdiction is the
major hurdle to successfully prosecute such
criminals, as evidence may be in some other country
with its own laws. Cybercriminals are international
criminals, and thus need special laws and legislation
which can deal with jurisdiction issues. Cybercrime
laws need to be harmonized and international
cooperation on cybercrime is requisite to successfully
prosecute cybercriminals.“The jurisdictional problem
of cybercrime manifests itself in three ways: lack of
criminal statutes; lack of procedural powers; and lack
of enforceable mutual assistance provisions with
foreign states”[13].
1. Lack of Criminal Statutes
Many countries are either without cybercrime laws or
don’t have updated and effective cybercrime
statutes[14]. India has an alarming cybercrime
rate.“According to the Indian Computer Emergency
Figure 3 Response Team (CERT-In), 27,482 cases of
cybercrime were reported from January to June
2017”[15]. Cybercrime rate from January- June of
2017 in India is one cybercrime after every 10
It isCostly minutes[15]. The ratio between conviction and
Cyber threats can potentially target and damage detection of cybercrime in India is abysmally low.
anything like planes, trains, power grids, nuclear Maharashtra which is having highest cybercrime rate,
warfare’s, communication system and anything from 2012 to July 2017, 10,419 cybercrimes were
which is digital. The report on cybercrime by filed, out of which only 34 were convicted. The rate
Cybersecurity Ventures sponsored by Herjavec of conviction is just 0.3%[16].The major reason of
Group “predicts global annual cybercrime costs low conviction rate is lack of criminal statutes and
will grow from $3 trillion in 2015 to $6 trillion by also improper implementation of Information
2021, which includes damage and destruction of Technology Act, 2008 by concerned officials.
data, stolen money, lost productivity, theft of 2. Lack of Procedural Powers
intellectual property, theft of personal and To investigate Cybercrime high tech resources and
financial data, embezzlement, fraud, post-attack procedural tools are required. India lacks both of the
disruption to the normal course of business, pre- requisites. The low conviction rate of India is
forensic investigation, restoration and deletion of also due to the lack of standard procedures for
hacked data and systems, and reputational seizure and analysis of digital evidence. “There are
harm”[11]. Cyberattacks can be so powerful that no standard documented procedures for searching,
it can wash away economy of a city, state or seizing of digital evidence and standard operating
country[12]. To counter cyber threats there is a procedures for forensic examination of digital
huge spending worldwide, it “reached $75 billion evidence”[17]. India also need to allocate more
in 2015, according to Gartner, Inc., the leading IT resources towards fighting cybercrime in terms of
analyst firm. Cybersecurity Ventures forecasts updating cyber security cells using state of the art
global spending on cybersecurity products and technology and regular training of officials to impart
services will exceed $1 trillion over the next five highly specialized skills in them for making them
years, from 2017 to 2021”[11]. competent to fight cybercrime.

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3. Lack of enforceable mutual assistance b. access or receive, through a computer system

provisions in its territory, stored computer data located in
India has not substantially updated its cybercrime another Party, if the Party obtains the lawful and
statutes, but even though, India has adequate voluntary consent of the person who has the lawful
criminal statutes and standard procedures are authority to disclose the data to the Party through that
followed by investigating agencies, still it is not computer system. [19]
possible to convict a cyber-criminal as Article 3b is a major concern, as India believes that it
cybercrimes often extend beyond the boundaries of violates its sovereignty. Indian apprehension is that
the country, host and victim are usually in multiple this article can be used by enemy states to access
jurisdictions. In this scenario securing electronic computers in India with an intention of spying. “The
evidence is challenging as data is usually on cloud, Cybercrime Convention Committee (T - CY) at its
distributed over multiple jurisdictions anddifferent 8th Plenary (December 2012) decided to issue
service providers where mutual legal assistance is Guidance Notes aimed at facilitating the effective use
often not feasible. Due to lack of cooperation and implementation of the Budapest Convention on
between countries these cases reach to dead end Cybercrime, also in the light of legal, policy and
and are closed without any conviction. India has technological developments”[20]. According to
signed legal assistance treaties with other countries Guidance Notes “Service providers are unlikely to be
like Israel to fight Cybercrime but it is inadequate able to consent validly and voluntarily to disclosure
and India need to be part of a global village with of their users’ data under Article 32. Normally,
common criminal policy across borders and that is service providers will only be holders of such data;
where Budapest convention has its role to play. they will not control or own the data, and they will,
therefore, not be in a position validly to consent”[20].
Guidance Notes emphasizes the trustworthiness of
IV. INDIAN RELUCTANCE AND PERSUASION
member states as it is presumed that “the Convention
India amended its Information Technology Act in form a community of trust”. Indian concerns are the
2008 to make it closer to the provisions of hostile states which are not trustworthy, but
Budapest convention, but still has not so far signed according to article 37 of the Convention, India as a
the convention and continues to be a non-signatory member can veto and stop any hostile or non-
to the Budapest convention on cybercrime. India is friendly state fromjoining the convention as
reluctant to join giving following reasons: according to article 37 any new member can be
1. India didn’t participate in drafting invited to join only if all member parties have no
Budapest Convention issues with that state[21].
India is reluctant to sign the convention as it did 3. Faulty Mutual legal assistance provision
not participate in the negotiation of the Convention Indian reluctance to sign Budapest convention is also
and India feels that convention is not in due to the assessment report on mutual legal
accordance to Indian needs. There are many such assessment and its efficiency by the Convention
states which didn’t participate in negotiation but itself.
later joinedperceiving the benefits of joining and
MLA is increasingly decentralised and requests are
also as a member they can now tailor the treaty as
sent or received directly between relevant judicial
per there requirements[18].
authorities and not only via central authorities.
2. Violation of Sovereignty Central authorities are usually not executing requests
Article 32b of the Budapest convention is a major themselves. Multiple offices may be involved in the
reason why India is reluctant to become a member. sending or receiving of requests and in particular the
The article 32 is about accessing stored computer execution of requests…
data across borders, it states that: MLA is considered too complex, lengthy and
A Party may, without the authorisation of another resource-intensive to obtain electronic evidence, and
Party: thus often not pursued. Law enforcement authorities
a. access publicly available (open source) tend to attempt to obtain information through police-
stored computer data, regardlessof where the data to-police cooperation to avoid MLA, even though the
is located geographically; or information thus obtained in most cases cannot be

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used in criminal proceedings. Frequently, Israel cyber framework is yet another effort of India
authorities contact foreign (in particular USA- to streamline itscyberspace. These bilateral
based) service providers directly to obtain agreements have limited scope and are inadequate
subscriber or traffic data. Often investigations are and ineffective to deal with cybercrime. India need a
abandoned.[22:7] multilateral treaty which will harmonize its laws by a
MLA provisions of Budapest Convention as per common criminal policy, and deal with international
the 2014 recommendations of the convention is co-operation for combating cybercrimes at global
not efficient but this area is improving through the level. The treaty should help in formulating
follow up to these recommendations. After 2014 effectivelegislation and robust investigative
recommendations MLA procedures are made techniques, which can foster international co-
efficient, streamlined and for instant cooperation operation to combat cybercrime. The Council of
between states 24/7 points of contact are in place Europe’s Budapest Convention on Cybercrime, is
now. India can be an active partner to address and such international multilateral treaty dealing with
remove these shortcomings by joining the international co-operation for combating cybercrimes
convention, by sidelining itself India is denying its at global level. India should sign the convention to
chance to tailor it as per its requirements. combat cybercrime, even the US and Israel with
whom India is having bilateral agreements to combat
4. India has signed Mutual Legal
cybercrime have joined Budapest cybercrime
Assistance Treaty(MLAT) with many countries
convention.
India for assistance in criminal matters has signed
Mutual Legal Assistance Treaty(MLAT) with few
countries like India is currently a signatory to UN References
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bring “harmonization in both substantive and /conventions/treaty/185. [Accessed: 27-Aug-2017].
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ideal convention to bring harmonization and
702, 2014.
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Cyber Crime.”
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The tremendous growth of internet use in world Corporation World Headquarters 350 Ellis Street
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195 Juneed Iqbal , Bilal Maqbool Beigh

 International Journal of Innovations & Advancement in Computer Science
IJIACS
ISSN 2347 – 8616
Volume 6, Issue 12
December 2017

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196 Juneed Iqbal , Bilal Maqbool Beigh

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