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Cyber Law
2022-03-15 22:35:51

Cyber Law

Introduction

Internet is the root of every task in today’s time. Everybody's day-to-day work, including official work, personal work, online shopping, studies, etc., is fulfilled with the Internet's help. The Internet has taken everything from basic communication to online shopping. Private companies and even governmental organizations have opted to continue their operation through the web, which raises the level of e-commerce. It is time for online business as every business needs an e-commerce platform to establish its business. After the pandemic, e-business noticed a tremendous growth where people could easily find everything on the digital platform. The online transaction has made the trend of cashless payment, but with this growth, crime also increases. So to prevent cyber-crime (regarding e-business, payment, and data), lawmakers have made certain laws called cyber laws. The officers have taken cyber-crime seriously and established laws to prevent illegal activities conducted online by cybercriminals.

Definition

“Cyber law are the legal boundations and legal punishment on the illegal act committed by cyber criminals in the cyber space with use of internet.”

“Legal laws deals with all the internet issues include technological and electronic elements (computer, hardware, software and information system-IS).”

Need of cyber Law

As civil and criminal laws protect the right of humans in the physical world, cyber laws protect the privacy of the users in the internet world. All the financial and banking transactions are also conducted in online mode. Therefore, it needs high-level protection. Even in the military, all the communication takes place with the Internet; therefore, their routes must need security. Cyber laws protect people and organizations from malicious people/ criminals on the Internet. Cyber laws include some terms and conditions related to cyber prevention. User has to agree on these terms and conditions that authorize organizations to take legal against users if they break these laws and rules.

Importance of cyber Law

Cyberlaw is a protection against the offense related to the Internet, so it is essential in terms of:-

  • Protection of all transactions over the Internet.
  • Keep an eye on every reaction and action in cyberspace.
  • Cyberlaw officials keep a recordable eye on all the activities over the Internet.
  • Protect individuals and organizations from unwanted access and malicious people over the network.
  • Protect computer devices form unauthorized access and future frauds.
  • Keeping a record of all the electronic items
  • Track all the electronic records
  • For the establishment of electronic governance
  • It keeps the organization, government, and individual private and personal data or data related to property safe and secure.

The area requires cyber Law

When there is any cyber-crime, there is a need for cyber Law, and there are dreadful cyber-crime happing around us which are categorized under:

Crime against peopleThis crime directly affects individual life, including crimes like online harassment, manipulation of personal information, identity theft for personal benefit, spoofing, credit card flaws, human trafficking and distribution of child pornography, and online-related libel or slander.
Crime against governmentAny cyber against the government is considered an attack on the nation's sovereignty and an act of war, including crimes like accessing confidential information, cyber terrorism, manipulation, misuse of power against government and citizens, manipulation, cyber warfare, and pirated software.
Crime against propertyTrespassing cyberspace, DDOS (Denial of services) attack, copyright infringement, virus transmission, and IPR violations. Before digitization, property and document-related work were on papers(hard copy), but now it's online. Therefore, online crime also urges theft of data and information from financial institutes' computer vandalism.

Let's have a look over some of the major areas where cyber Law include:-

  • Copyright – It is one of the important intellectual property cyber Law protect any piece of IP transmitted over the Internet. Copyright provides security to books, blogs, movies, music, etc.
  • Patents – Patents are generally used on the Internet to protect a new invention, including new software and new online business methods.
  • Frauds – With internet usage, online frauds are common. All the customers rely on cyberlaw to prevent online transactions, including identity theft, credit card theft, and other financial crimes. Cyber laws are the defense mechanism for the right of individuals and allegations of fraud using the Internet. Cyber theft may face federal and state criminal charges and civil action brought by a victim.
  • Defamation- People use the Internet to display their thoughts and verdicts, which may be untrue that may cross the line into defamation. Defamation cyber laws protect the individual public image, business, or someone's reputation. These cyber laws are made to keep an eye on defamed words and sentences on the Internet. It's a punishable act.
  • Freedom of speech- The online platform allows freedom of speech as people can speak their minds, but sometimes freedom can be a disaster. Cyber laws prohibit certain online behavior and advise their client on the limit of free speech. These laws also defend their clients if their actions constitute permissible free speech.  
  • Trademarks/ service marks – Service marks and trademarks are used for websites that provide services. These are the same for websites as they are in the real world.
  • Domain disputes - 
  • Trade secrets- Trade secret cyber laws are used in online business to protect trade secrets. These laws protect multiple forms of intellectual property that include formulas, processes, and patterns.
  • Domain disputes – Domain disputes arise for those who own a web address as the owner itself doesn't need to run its website. Domain disputes are related to trademarks as they are assigned to an individual because they are cheap; therefore, some people buy multiple domains for a big payday.
  • Stalking and harassment- People misuse the Internet by stalking and harassment of another individual in terms of revenge and financial benefits. Online threating and repeated messages to someone may violate both civil and criminal laws. Harassment and stalking cyber laws defend and prosecute people when stalking occurs on different forms of electronic communication.
  • Contracts- When we open a website, we have to click agree on terms and conditions due to cyber laws. Contracts contain clauses that protect organizations and individuals using technology and doing online business.
  • Employment laws - Employers run online businesses; therefore, employment cyber laws are needed to impact small areas (local geographical areas). Cyberlaw lawyers draft these agreements in the interest of their clients.
  • Privacy- Privacy is the major issue in online business and transactions. This needs to be protected at a higher level of protection, and cyber criminals breach it at the fastest rate.
  • Data retention – In this technology era keeping electronic and physical records is a big issue in terms of litigation. Data handling is a primary concern in lawsuits; there are no current laws that keep electronic records forever.
  • Jurisdiction – It's the matter of hearing court cases as cybercriminals commit crimes sitting at one place while the victim can be present at another place on earth. Jurisdiction is an important part of court cases as it decides what court, state or federal, the filed because every state has different rules regarding cyber cases. It needs to be decided which state has the jurisdiction. 

Law for some of the cybercrime

          Cybercrime             Punishment under Law
Email abuseIndian Penal Code (IPC) Sec. 500
Web- jackingIndian Penal Code (IPC) Sec. 383
Email SpoofingIndian Penal Code (IPC) Sec. 463
Cyber fraud and bogus websiteIndian Penal Code (IPC) Sec. 420
Forgery of electronic recordIndian Penal Code (IPC) Sec. 463
Defamatory message by EmailEmailIndian Penal Code (IPC) Sec. 499
Threatening message by EmailEmailIndian Penal Code (IPC) Sec. 503
Online selling of armsUnder Arms Act, 1956
Online selling of drugsUnder Narcotic Drugs and Psychotropic Substances Act, 1985

Result of breaking Cyber Law

Some cyber-crimes have been addressed by the ITC act of 2000 and the IPC. Registered cyber-crime under the IT ACT include:

Publishing false digital signatureUnder IT ACT 2000 Sec. 73
Breach of confidentiality and privacyUnder IT ACT 2000 Sec. 72
Unauthorized access of protected systemsUnder IT ACT 2000 Sec. 70
Publishing Obscene informationUnder IT ACT 2000 Sec. 67
Hacking computer systems and data alterationUnder IT ACT 2000 Sec. 66
Tampering with computer source documentUnder IT ACT 2000 Sec. 65

Some of the pieces of U.S legislation in cyberlaw:

  1. Border Patrol Agency Pay reform Act
  2. Federal Information system Modernization Act of 2014
  3. Cyber Security Enhancement Act of 2014
  4. National Cyber Security Protection Act
  5. Cyber seeking Workforce Assessment Act

Note: Some state laws forbid stalking, harassment, breach of contract, defamation fraud, employment laws, fraud, and other computer crimes.

Advantages and features of cyber Law

  • With cyber Law, the e-commerce business is protected using the legal infrastructure provided by the ActAct.
  • Authorize government to take legal actions and issue notification on the web (heralding e-commerce).
  • Digital signature has been included in cyber working with legal validity and sanction in the ActAct. With this ActAct, government and corporations can issue Digital Signature certificates in business and learning courses. It gives them the power of being certified authorities.
  • These cyber laws address the important issues of security needed for the success of electronic transactions.
  • With the security of cyberlaw organizations, companies can file an application, forms, or document officially with office, agency, and authority controlled by the government in e-form.

Prevention and protection on the Internet

Internet is used on electronic machines like computers, mobiles, and tablets. So to prevent and protect from cyber-crimes, certain measures should be recommended:-

  • By using a safe password and changing it from time to time.
  • By using antivirus
  • Not to share a one-time password or PIN with anyone.
  • Credit card, debit card, and address details shouldn't be shared via Email.
  • Unnecessary content shouldn’t b clicked randomly without reading the notifications carefully.
  • Use of an alternative browser
  • One must think before sharing data with someone
  • Online data is not trustworthy; one should not trust it after reading it.
  • One should keep an eye on what's going on using the Internet.
  • On must be conscious in login, where it is log in (business, home network, wireless network, friend's house)

Note: Cyber laws do not apply to central government-initiated transactions and documents. A contract was made regarding the transfer and sale of immovable property, and the person attaining power of attorney did some financial and legal acts are out cyber acts.

Importance of cyberlaw after COVID-19

The COVID-19 period has brought a drastic increase in the use of online financial traction.When every business has suffered losses and shutdown, online IT sector revenue increases due to the hike in the online business or e-commerce, but it also leads to an increase in online frauds. There are many security breaches in all sectors, especially the education and health sector

s. When the lockdown was announced in India, cyber security underwent severe attacks.

With the increase in the lockdown duration, communication, entertainment, working, shopping, etc., is slowly and gradually shifted to the online platform. The security government of India has revised and established new rules to regulate OTT(over–the–top) and social media platforms. In prohibiting cyber exploitation and mishandling government ordered to track inappropriate messages and tweets from its originator.

Suddenly, the OTT platform is getting into people's nerves with advantages and disadvantages. Various boundaries are implemented by the government that is counted in adds to the cyber Law in India (under ACT of 2021). The government has published various online alerts, messages, ads, the warning for awareness about cyber-attacks, so people should take preventive measures.

  • It became mandatory to ensure that content on the OTT platform has been watched by the appropriately aged audience or not.
  • New rules are applied on the OTT platform.
  • A feature like strict parental lock content will be delivered to the right audience.
  • Cyber Law protects women and men from sexual offenses on this platform.
  • Personal information content should not be misused and misinformed.
  • Citizens of India have the right to speech; they can express their opinions on any channel, but defamation and hate speech laws are included to prevent volition among users and its bad effect on mind and behavior.  

Conclusion:

Such an upswing in cyber-crime, cyber law act as a protective shield to the individual, government, and private companies and organizations. Criminal and civil lawyers can also act as cyber lawyers (practitioners in small, large, and small firms). Cyber Law has been included as a separate subject in the study of Law.