This article is written by Namrata Jana of Fakir Mohan University, Balasore, Orissa
Cyber laws are the legal measures and regulations that govern the use of the internet, digital devices, and electronic communication. They are designed to protect individuals, organizations and governments from crimes and disputes that arise in cyber space. As technology has become an integral part of daily life covering areas such as online transaction, data storage and social networking; the need for specific legal frameworks to
address digital issue has become essential. As our dependence on technology increases, so does the risk of cyber-attacks. Therefore, understand cybercrime is important to stay alert and practice cyber safety measures such as using strong password, avoiding suspicious links and protecting personal information online.
Some examples of cyber crime-
- Hacking – Unauthorized access to someone’s computers system or network to steal,
modify, or destroy data. Like breaking into a company’ s server to steal customer information or trade secrets. - Phishing – Deceptive attempts to obtain personal or financial information by pretending to be a trustworthy entity.
- Identity theft – Stealing someone’s personal information – like name, address or credit card details – to commit fraud or other crimes.
- Cyber bullying – Harassing, threatening or humiliating someone through digital platforms such as social media messaging apps, or emails.
- Online fraud and scams – Using the internet to deceive people for financial gain.
- Ransomware Attacks – Malware that locks users out of their system or encrypts data until a ransom is paid
- Cyber stalking – Repeatedly using electronic communication to stalk or intimidate a person.
- Software Piracy – Copying disturbing or using software without proper Authorization.
What are Cyber laws
Cyber laws in the law Governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the internet, websites, emails and even electronic devices such as cell phones, ATM machines etc.
Cyber laws encompass the rules of conduct:
- That have been approved by the government
- Which are in force over a certain territory
- Which must be obeyed by all persons on that territory.
Violation of these rules could lead to government actions such as imprisonment or fine or an order to pay compensation. - Cyber Crimes
- Electronic and Digital Signatures
- Intellectual Property
- Data Protection and Piracy
Cybercrimes – are unlawful acts where the computer is used either as a tool or a target or both. The enormous growth in electronic commerce (e- commerce) and online share trading has led to a phenomenal spurt in incidents of cybercrime. These crimes are discussed in detail further in this chapter. A comprehensive discussion on the Indian law relating to cyber-Crime and digital evidence is
provided in the ASCL Publication titled “Cyber Crimes and Digital Evidence – Indian Perspective” Electronic Signatures – are used to authenticate electronic records. Digital signatures are one type of electronic signature. Digital signatures satisfy three major legal requirements – signer authentication, message authentication and message integrity. The technology and efficiency of digital signatures make them
more trustworthy than handwritten signatures. These issues are discussed in detail in the ASCL Publication titled “Ecommerce- Legal Issues”
Intellectual Property – is refers to creations of the human mind e.g. a story, a song, a painting, a design etc. The facets of intellectual property that relate to cyber space are covered by cyber law.
Copyright – in relation to computer software, computer source code, websites, cell phone content etc.
Trademark law with relation to domain names, meta tags, mirroring, framing, linking etc.
Semiconductor law which relates to the protection of semiconductor Integrated Circuits design and layouts.
Patent law in relation to computer hardware and software.
These issues are discussed in detail in the ASCL Publication titled “IPR & Cyber
space – the Indian Perspective”.
Data Protection and Privacy laws aim to achieve a fair balance between the privacy rights of the individual and the interest of data controllers such as banks, hospitals, email service providers etc. These laws seek to address the challenges to privacy caused by collecting, storing and transmitting data using new technologies.
Need for cyber law
There are various reasons why it is extremely difficult for conventional law to cope with cyber space. Some of these are discussed below.
- Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law.
- Cyber space has complete disrespect for jurisdiction boundaries. A person in India
could break into a Bank’ s electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank in Switzerland, all within minutes. All he would need is a laptop computer and a cell phone. - Cyberspace handles gigantic traffic volumes every second. Billions of e-mails are crisscrossing the globe even as we read this, millions of websites are being accessed every minute, and billions of dollars are electronically transferred around the world by banks every day.
- Cyber is absolutely open to participation by all. A ten-year- old in Bhutan can have a live chat session with an eight – year – old in Bail without any regard for the distance or the anonymity between them.
- A software source code worth crores of rupees or a movie can be pirated across the globe within hours of their release.
Jurisprudence of Indian Cyber law
The primary source of cyber laws in India is the Information Technology Act, 2000(IT Act) which came into force on 17 October 2000.
The primary purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government
The IT Act also penalizes various cybercrimes and provides strict punishment (imprisonment terms up to 10 years and compensation up to Rs 1 crore)
An Executive Order dated 12 September 2002 contained instructions relating provision of the Act with regard to protected system and application for the issue of a Digital Signatures Certificate
Minor errors in the Act were rectified by the Information Technology (Removal of Difficulties) Order, 2002 which was passed on 19 September 2002
The IT Act was amended by the Negotiable Instruments (Amendments and Miscellaneous provision) Act, 2002. This Introduced the concept of electronic cheques and truncated cheques.
Information Technology (use of electronic records and Digital Signatures) Rules, 2004 has provided the necessary legal framework for filing of documents with the Government as well as issue of licenses by the government.
It also provides for payment and receipt of less in relation to the Government bodies.
On the same day, the Information Technology (Certifying Authorities Rules, 2000 also came into force.
The appointment of Adjudicating Officers to decide the fate of multi – crore cybercrime cases in India were the result of the public interest litigation filed by students at Asian School of Cyber Laws (ASCL) The Government had not appointed the Adjudicating Officers or the Cyber Regulations Appellate Tribunal for almost 2 years after the passage of the IT Act. This prompted ASCL students to file a Public Interest Litigation (PIL) in the Bombay High Court asking for a speedy appointment of Adjudicating Officers. The Bombay High Court, in its order dated 9th October 2002, directed the Central Government to announce the appointment of Adjudicating Officers in the public media to make people aware of the appointment. The division bench of the Mumbai High Court consisting of Hon’ble Justice A.P Shah and Hon’ble Justice Ranjana Desai also ordered that the Cyber Regulations Appellate Tribunal be constituted within a reasonable time frame. Following this the Central Government passed an order dated 23rd March 2003 appointing the “Secretary of Department of Information Technology of each of the States or of Union Territories” of India as the Adjudicating Officers. The Information Technology (Security Procedure) Rules, 2004 Came Into force on 29th October 2004. They prescribe provisions relating to secure digital signatures and secure electronic records.
Conclusion
Cyber laws play a vital role in ensuring safety, accountability, and trust in the digital world. As technology rapidly advances, legal systems must continually adapt to address emerging j such as cyber fraud, data breaches, identity theft, and online harassment. India’s framework, led by the IT Act, 2000 and the Digital Personal Data Protection Act, 2023, provides essential protections but still requires stronger enforcement and greater public awareness. In an interconnected world, international cooperation is equally important to tackle cross-border cybercrimes. Ultimately, robust and evolving cyber laws are essential for safeguarding rights, promoting digital innovation, and ensuring a secure online ecosystem.
Frequently Asked Questions
1. What are cyber laws?
Cyber laws are legal rules and regulations that govern activities conducted through digital and electronic platforms, including the internet, computers, and networks.
2. Why are cyber laws important in the digital world?
Cyber laws help protect individuals and organizations from cybercrimes such as hacking, identity theft, online fraud, and data breaches, while safeguarding privacy and digital rights.
3. What types of issues do cyber laws address?
Cyber laws address issues like data protection, cybersecurity, cybercrime, electronic transactions, intellectual property in the digital space, and online privacy.
4. Who is protected under cyber laws?
Cyber laws protect internet users, businesses, government institutions, and digital service providers by ensuring legal remedies against cyber threats and misuse of technology.
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