The challenges of enforcing cybercrime laws in the age of E-governance: A literature review

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Emerging Trends in Computer Science and
ItsApplication
Dr. Anurag Tiwari
Anurag Tiwari is an Associate Professor and Head of the Department of Computer Science
and Engineering at BBD National Institute of Technology and Management, Lucknow. A Sen-
ior IEEE Member, he has over 11 years of academic experience and has led the department to
NBA accreditation in 2023. He holds a Ph in Computer Science, multiple MTech degrees, and
has authored several research publications. With multiple patents and consultancy projects to
his credit, his research interests include machine learning and optimization techniques.
Dr. Manuj Darbari
Manuj Darbari, Senior Member IEEE (USA) and Chartered Engineer (India), is a visionary
leader in Computer Science and Engineering, specializing in AI, Cloud Computing, and IoT.
With a track record of pioneering research, patents, and numerous PhD supervisions, he is
recognized for driving innovation and excellence. Currently a Professor at BBDITM Lucknow,
Dr. Darbari has made signicant contributions to cutting-edge technologies and has served as
a convener and reviewer for leading global conferences. His editorial expertise ensures that
the conference proceedings reect the highest standards and capture the forefront of emerging
research trends.

Emerging Trends in Computer Science and
ItsApplication
Proceedings of the International Conference on Advances in
Emerging Trends in Computer Applications (ICAETC-2023)
December 21–22, 2023, Lucknow, India
Edited by
Anurag Tiwari
Manuj Darbari
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38 The challenges of enforcing cybercrime
laws in the age of E-governance:
Aliterature review
Manuj Darbaria, Naseem Ahmedb, and Abhishek Kumar Singhc
Faculty of Law, Integral University, Lucknow, India
Abstract: E-governance and cybercrime legislation are contrasted in this study. The gap might impair cyber-
crime investigations and prosecutions by law enforcement. Breaking this gap is difcult due to cybercrime’s
rapid expansion, worldwide nature, lack of resources, and evidence collection. The paper advises new cyber-
crime laws, international cooperation, training and resources, and awareness to close the e-governance and
cybercrime legislation gap. Weighing e-governance and legal gaps with decision science. The study claims deci-
sion science can protect government websites and data from hackers. The research shows a huge e-governance
and cybercrime law gap that must be lled. The idea calls for a law enforcement cybercrime unit and technology.
Keywords: e-governance, cybercrime, law gap, awareness, risk assessment, mitigation strategies
1. Introduction
The rapid growth of e-governance has created sev-
eral challenges for law enforcement agencies. These
agencies are often ill-equipped to deal with cyber-
crime, which is a rapidly evolving threat. As a result,
there is a growing gap between e-governance and
cybercrime law [1].
E-governance refers to the use of information and
communication technologies (ICTs) to deliver gov-
ernment services to citizens, businesses, and other
stakeholders [2]. It has become increasingly impor-
tant in recent years, as governments have sought to
improve efciency, transparency, and accountability.
Cybercrime can range from simple hacking to
sophisticated fraud and identity theft. Cybercrime is
a major problem, with the estimated cost of cyber-
crime to the global economy reaching $6 trillion in
2021.
The e-governance and cybercrime law [3] gap
refers to the mismatch between the laws that Gov-
ern e-governance and the laws that are used to pros-
ecute cybercrime.
Challenges in Addressing the E-governance and
Cybercrime Law Gap.
There are a number of challenges in addressing
the e-governance and cybercrime law gap. These
challenges include:
• The rapid evolution of cybercrime: Cybercrime
[4] is a rapidly evolving threat, and new types of
cybercrime are constantly emerging. This makes
it difcult for law enforcement agencies to keep
up with the latest trends.
• The challenges of gathering evidence: Cyber-
crime evidence can be difcult to gather and
preserve. This is because cybercrime often leaves
no physical traces, and the evidence can be eas-
ily deleted or tampered with.
1.1. Ways to address the e-governance
and cybercrime law gap
There are a number of ways to address the e-gov-
ernance and cybercrime law gap. These include:
• Improving international cooperation: Govern-
ments need to improve international coopera-
tion to combat cybercrime. This includes sharing
information and resources, and developing
amanujuma@student.iul.ac.in; bamdnaseem@iul.ac.in; cabhiksingh@iul.ac.in

The challenges of enforcing cybercrime laws in the age of E-governance: Aliterature review 243
these documents should be published. This could
lead to confusion and uncertainty about how these
documents should be interpreted.
Section 10: The provision on the establishment
of an electronic signature board is not clear about
the powers and functions of the board. This could
lead to a lack of coordination and oversight in the
regulation of electronic signatures in India.
Section 10A: The provision on the establishment
of a cyber appellate tribunal is not clear about the
jurisdiction of the tribunal. This could lead to delays
and inefciencies in the appeal process for cyber-
crime cases.
These are just some of the section-wise lacunae
in the IT Act that encompass e-governance. These
lacunae need to be addressed in order to ensure that
the legal framework for e-governance is effective
and comprehensive.
In addition to the above, here are some other
specic lacunae in the IT Act:
• There is no specic provision for the protection
of critical infrastructure from cyber attacks.
• There is no specic provision for the regulation
of articial intelligence and machine learning
technologies.
• There is no specic provision for the investiga-
tion and prosecution of cybercrime cases involv-
ing foreign elements.
These are just some of the specic lacunae in the
IT Act.
• The Aadhaar data breach: In 2018, it was
revealed that the personal data of over 1.1 bil-
lion Aadhaar cardholders had been leaked.
• The Cosmos Bank cyberattack: In 2018, hack-
ers stole over Rs. 94 crores from Cosmos Bank
in Pune. The hackers used a phishing attack to
gain access to the bank’s systems. The cyber-
attack highlighted the vulnerability of India’s
banking sector to cyber attacks.
• The Telangana cyberattack: In 2021, hack-
ers attacked the government of Telangana’s IT
infrastructure. The attack caused a major dis-
ruption to government services, including the
state’s e-governance portal. The cyberattack
highlighted the vulnerability of India’s govern-
ment infrastructure to cyber attacks.
• The cyber attack on the All India Institute
of Medical Sciences: In June 2023, hackers
attacked the All India Institute of Medical Sci-
ences (AIIMS) in Delhi[8]. The attack caused a
major disruption to the hospital’s operations.
common standards for investigating and pros-
ecuting cybercrime cases.
• Investing in cybercrime training and resources:
Law enforcement agencies need to invest in
cybercrime training and resources. This will
help them to keep up with the latest cybercrime
trends and to effectively investigate and pros-
ecute cybercrime cases.
• Raising awareness of cybercrime: Govern-
ments[5] and businesses need to raise awareness
of cybercrime among citizens and businesses.
This will help to reduce the number of victims
of cybercrime.
1.2. Laws and regulations under
preview of e-governance
In IT Act, we have laws and regulations that gov-
ern e-governance in India [6]. These include the
following:
• The National E-Governance Plan (NeGP): The
NeGP is a roadmap for the development of
e-governance in India. It was launched in 2006
and aims to make all government services avail-
able online by 2020.
• The e-Procurement Act, 2017: The e-Procure-
ment Act provides a framework for the elec-
tronic procurement of goods and services by
government agencies.
• The Data Protection Bill, 2019: The Data Pro-
tection Bill is a proposed law regulates the col-
lection, storage, and use of personal data.
• IT Act-2000[7]
Section 4: The denition of “electronic” is too
broad and could be interpreted to include any
form of data that is stored or transmitted elec-
tronically. This could make it difcult to deter-
mine whether a particular piece of data is an
electronic record or not.
Section 5: The denition of “digital signature” is
also too broad and could be interpreted to include
any type of electronic signature. This could make it
difcult to determine whether a particular signature
is a valid digital signature or not.
Section 6: The provision on the admissibility of
electronic records in evidence is not clear about how
these records should be authenticated. This could
make it difcult for electronic records to be admit-
ted as evidence in court.
Section 8: The provision on the publication of
rules, regulations, and other ofcial documents in
electronic form does not specify the format in which

244 Emerging Trends in Computer Science and Its Application
each objective. The policy or regulation that
minimizes the deviations from the goals is the
most preferred.
• Analytic hierarchy process (AHP)[13], [14]:
This method is a more complex MCDM tech-
nique that uses a hierarchy of criteria to evaluate
policies or regulations. The policy or regulation
that has the highest overall score is the most
preferred.
Suppose we are considering two policies to
address the problem of cybercrime in e-governance.
• The rst policy is to invest in new security tech-
nologies, such as rewalls and intrusion detec-
tion systems.
• The second policy is to strengthen the legal
framework for cybercrime, such as by increas-
ing the penalties for cybercrime.
The objectives that we want to achieve are to
reduce the incidence of cybercrime and to improve
the security of e-governance systems. We can assign
weights to these objectives to reect their relative
importance to us. For example, we may decide that
reducing the incidence of cybercrime is more impor-
tant than improving the security of e-governance
systems [15].
We can then use the weighted sum method to
calculate a score for each policy [16]. The policy
with the highest score is the most preferred.
For example, suppose we assign the following
weights to the objectives:
• Reduce the incidence of cybercrime: 0.7
• Improve the security of e-governance systems:
0.3
• Then, we can calculate the score for each policy
as follows:
• Policy 1: (0.7)(0.8) + (0.3)(0.5) = 0.66
• Policy 2: (0.7)(0.6) + (0.3)(0.9) = 0.72
In this case, policy 2 is the most preferred policy,
as it has a higher score than policy 1.
This is just a simple example of how MCDM
techniques can be used to manage the trade-offs
between the objectives of e-governance and law
gaps. The specic MCDM technique that is used
will depend on the specic situation.
4. Conclusion
The e-governance and cybercrime law gap is a serious
problem that needs to be addressed. There are a num-
ber of ways to address this gap, including developing
new laws and regulations, improving international
The cyberattack highlighted the vulnerability of
India’s healthcare sector to cyber attacks
3. Mathematical foundation of
Cyber GAP
The current GAP in E-Governance security Law
can be improved by using the concept of Decision
Science which predicts how to overcome from the
above situation. Suppose we want to predict the
likelihood of a cyber-attack on a government web-
site. We can use data analytics to identify patterns
in past cyber-attacks on government websites. We
can also develop risk assessments to quantify the
likelihood and impact of cyber-attacks on govern-
ment websites. This information can then be used
to develop mitigation strategies for cyber-attacks on
government websites.
By using decision science, we can make informed
decisions about how to improve the security of
government
Mathematically, a multiple-criteria design prob-
lem[9], [10] is formulated using decision space:
where is the feasible set and is the decision variable
vector of size.
The criteria would be the various objectives that
we want to achieve, such as improving efciency,
transparency, and accountability.
We can use decision science to help us man-
age the trade-offs between these objectives. For
example, we can use multi-criteria decision mak-
ing (MCDM) techniques [11] to identify the most
preferred policy or regulation. MCDM techniques
allow us to consider multiple objectives simultane-
ously and to identify the solution that best satises
our needs.
Here are some of the MCDM techniques that
can be used to manage the trade-offs between the
objectives of e-governance and law gaps:
• Weighted sum method: This method assigns
weights to each objective and then sums the
weighted values of the objectives to obtain a
single score for each policy or regulation. The
policy or regulation with the highest score is the
most preferred.
• Goal programming [12]: This method allows us
to specify minimum and maximum values for

The challenges of enforcing cybercrime laws in the age of E-governance: Aliterature review 245
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cooperation, investing in cybercrime training and
resources, and raising awareness of cybercrime. By
taking these steps, we can help to make the internet a
safer place for everyone.
In addition to the above, here are some other
specic ways to address the e-governance and cyber-
crime law gap:
• Creating a dedicated cybercrime unit within law
enforcement agencies: This will help to ensure
that there are dedicated resources and expertise
available to investigate and prosecute cyber-
crime cases.
• Using technology to combat cybercrime: Law
enforcement agencies can use technology, such
as data analytics and articial intelligence, to
help them to investigate and prosecute cyber-
crime cases.
• Working with the private sector: Law enforce-
ment agencies can work with the private sector
to share information and resources to combat
cybercrime.
• Educating the public about cybercrime: This
will help to reduce the number of victims of
cybercrime.
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