Internet is a huge space which any single Policing authority would find
it impossible to monitor. Even though software such as Carnivore
can be invoked in respect of specific crime situations, it's use for regular
monitoring is limited. Just as the "Net Nannies" can be ineffective in
certain cases, Carnivores can also throw up too much junk for the regulators
to monitor except in case of specific surveillance missions. There is therefore
a need to think about how to use the private citizens (Netizens) for monitoring
Cyber crimes.
Secondly, in India, where, according to the ITA-2000 a common
man has to report and pursue Cyber Crimes only with the regular Police
force and Judicial system, it is going to be impossible to collect evidence
that can sustain in a court of law in respect of any Cyber crime without
an elaborate investigation before the filing of a case. It is difficult
to expect that the Police force would be able to conduct investigations
in all cases to the satisfaction of the complainant.
Thirdly, there may be personally sensitive cases where there complainant
is not comfortable with the official investigating agencies being involved.
In view of the above reasons, it is felt that "Private Cyber Investigating
Agencies" may soon be required on the Cyber Space along with "Private Cyber
Detectives". Such experts would also be required to support the work
of CERT s if managed by private agencies.
There have been many enquiries at naavi.org from people interested
in becoming Cyber Cops or forming Cyber Armies. It has already been clarified
that legally, there can be no "Private Cyber Cop Activity" let alone a
"Cyber Soldier Activity" since any act of surveillance could become "Hacking"
or "Cyber Stalking" and may be illegal.
It is however time to draw the attention of the authorities that just
as there are "Private Detective Agencies" in the real world, there will
be necessity to allow "Virtual Private Detective Agencies". Considering
the enormous private talents available, it would be unwise not to channelise
the available resources for public cause. If this talent is not given a
positive expression channel, they may be recruited by "Virtual Underworlds"
to run anti-social activities.
Perhaps it is necessary for the Indian Government to develop a policy
for "Private Detective License" to be issued upon some scrutiny. The Police
authorities should also develop a "Netizen Forum" in each city to assist
them on specific assignments or to act as "Informers" to Prevent and/or
Investigate Cyber Crimes. Similarly the policy for licensing private business
houses to become "Virtual Detective Agencies" should also be formed.
The development of a policy for "Private Cyber Policing" is a
necessity because of the vastness of the Cyber space and the need for high
technology skills. More importantly, It may also be a step towards
"Privatisation of law Enforcement".
Naavi
March 14, 2001
Do readers have a views on this? or suggestions on what such a policy
should contain?. If so, Your views can
be sent here