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Discussion : Terrorists Turn to the Web as Base of Operations

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2005-09-29 14:55:33 -
The information technology is a double edge sword, which can be used for destructive as well as constructive work. Thus, the fate of many ventures depends
upon the benign or vice intentions, as the case may be, of the person dealing with and using the technology. For instance, a malicious intention forwarded
in the form of hacking, data theft, virus attack, etc can bring only destructive results. These methods, however, may also be used for checking the
authenticity, safety and security of one’s technological device, which has been primarily relied upon and trusted for providing the security to a
particular organisation. For instance, the creator of the “Sasser worm” has been hired as a “security software programmer” by a German firm, so that he can
make firewalls, which will stop suspected files from entering computer systems. This exercise of hiring those persons who are responsible for causing havoc
and nuisance is the recognition of the growing and inevitable need of “self protection”, which is recognised in all the countries of the world. In fact, a
society without protection in the form of “self help” cannot be visualised in the present electronic era. The content providers, all over the world, have
favoured proposed legislations in their respective countries, which allow them to disable copyright infringers’computers. In some countries the software
developers have vehemently supported the legislations which allows them to remotely disable the computer violating the terms and conditions of the license
allowing the use of the software. This position has, however, given birth to a debate about the desirability, propriety and the legality of a law providing
for a disabling effect to these “malware”. The problem is further made complicate due to absence of a uniform law solving the “jurisdictional problem”. The
Internet recognises no boundaries, hence the attacker or offender may belong to any part of the world, where the law of the offended country may not be
effective. This has strengthened the need for a “techno-legal’ solution rather than a pure legal recourse, which is not effective in the electronic era.

Kindly see http://perry4law.blogspot.com/2005/07/preventing-violations-by-aggressive.html for more details.


Praveen Dalal

Consultant and Advocate

Delhi High Court, India.

Tele: 9899169611

Mail: pd37@rediffmail.com

perry4law@yahoo.com.



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