Controlling cybercrimes, challenges and legal responses in Sri Lnaka, the way forward

Abstract

In the present digital world cyber and information technology related crimes have steadily exacerbated. Cybercrime is universal and has been a significant issue world over and in Sri Lanka as well. With modern technological development, the use of computers, similar devices and the internet has become integral tools in all spheres of our daily lives. Notwithstanding many advantages and innovative uses, the rapid growth of the internet and social networks has caused not only irreparable damages to computers, computer systems and information stored on computers but also irreversible harm to national economies, national security, territorial integrity, world peace, etc. These are perpetrated by hackers, fraudsters, illegal and illegitimate users. Due to their trans-national & borderless nature and a lack of appropriate international legal infrastructure compelling all the States to take appropriate actions, cyber criminals act with safety and impunity. The challenges to control or mitigate its occurrence to maintain a crime free environment are also explored. Sri Lanka has legislation to counter these crimes, their effectiveness is analysed. This article gives an overview of Sri Lanka's current cybercrime legislation from social, technical and legal perspectives. Also, it highlights certain perceived gaps, which may hamper the expected goals of the law. The article continues with an analysis of the best practices adopted by the European Union in implementing the Budapest Convention in the fight against cybercrime. It is proposed that a common convention prohibiting acts of cybercrimes, in whatever form, in any State and all the countries shall work towards annihilating this malady. The author recommends among others, to ensure proper use of and protection in the cyber world, it is vital to establish a comprehensive universal cybercrime protection legal framework.