Cyber law is the branch of law to deal with the legal issues related to the
internet, technological and electronic elements, communication technology,
including computer, software, hardware, and information system .
Internet is a network that connects billions of people to government, private,
businesses, schools for their activities. It is growing rapidly therefore,
various unlawful activities also happen like forge signature on important
credential, online betting gaming, online banking frauds , pornography, hacking
and credit card frauds etc.
Cybercrime is prevailing in the society to capture it cyber law is needed.
According to National Crime Records Bereau (NCRB) in India reported 52,345 cases
of cybercrime in 2021 an increase of cybercrime over 5 from 2019 . Cyber law is
covering almost all the aspects of cybercrime. It provides a legal framework to
cybercrime. And also all legal issue related to the internet is deal with the
cyber law.
Cyber law of India is governed by information technology Act 2000 defines
critical information infrastructure . The act was amended in 2008. India is
count in a few countries that have e-commerce laws . Indian government has taken
steps to ensure the cyber security and also make Indian cybercrime coordination
centre.
Cyber Law In Detail
Cyber law can be defined as legislation, legality and practice of lawful ,just
and ethical protocol involving the internet as well as alternative networking
and information technology.It apply to internet and internet related
technologies.
Today's digitalize world, cybercrime is rapidly increases to deal with it cyber
law made . Cyber law contain rules and regulations to dictate how should people
and different commodities use the computer, and internet activities. It's also
mitigate the cybercrime and prevent from cybercrime activities with the help of
protecting information access from the hackers or any unauthorised people
related to the use of communication, data storage space, email, internal data
and internet activities.
Internet users must be know about the cyber law of their country what is legal
or what is unauthorised so they can prevent from any illegal activities and also
what to do or not on the internet.
The computer fraud and abuse act was the first cyber law , called CCFA that
enacted was in 1986.. This law helpful in prevent the illegal activities and
also provide the punishment for breaking that law to performing it .
Advantages Of Cyber Law
- The IT act also suggest a legal framework for electronic records and
communication through digital signature.
- It facilitate the digital certificate for securing site.
- It provides proper monitoring of traffic.
- Cyber law secured e- commerce for setting online business
- It helps to blocking unwanted content from internet.
Types Of Cyber Law
Fraud
Cyberlaws helps to protect the consumers from online fraud. It detects the cyber
crime like online theft , credit card theft and other different financial crime
on happen on the platform. If a person is caught doing any illegal activities he
may have to face civil action.
Trade Secrets
Companies doing their business to rely upon cyber law to protect their trade
secrets. For example, APPLE Spends a lot of time to developing a application
that provide a new type of function which is new in the market to protect their
trade secrets the laws to be made.
Copyright
Nowadays internet has made copyright violation easier. Online system made
copyright violation as easy as clicking on button to download any video,
picture, movies and sharing any file. It protection of original creative
expression like movies, book song ,news ,CD , DVD, audio visual work ,sounds,
dance movement, photograph etc. Copyright defends the right of the individual
and organisations to profit from their creative work.
Contract And Employment Law
Every time you click a button that say you agree to the terms and conditions of
using any mobile application or website. You have used cyber law. Contract
protect companies or any individual as to use technology and do business online.
As most of the business move towards online .The way draft agreement and court
proceedings may change.
Defamation
Defamation law is cyber law when people use the internet to spreading the
malicious word about someone that violate civil laws.
Harassment and stalking
Sometimes online statement can violate the law that prohibit harrasment and
stalking . When someone makes threatening statement about someone else online
.they violate both criminal and civil laws.
Importance Of The Cyber Law
- We are living in a highly digital world.
- All companies depend on their computer network and keeping their data in
electronic form.
- Government forms including income tax return , company law firm . Are
now filled in electronic form.
- Consumer are using cashless transaction for their business, shopping etc
- People using email, sms, chat etc. for communication .
- Even in non cyber crime important evidence are found in computer, cell
and mobile phone.
- Since it touches almost all aspects of transaction, activities concerned
internet . Therefore cyber law is extremely important.
Information Technology Act 2000
This act is the primary law in India to dealing with cybercrime and electronic
commerce . It was commenced on 17th October 2000. There are total 94 sectors, 13
chapters, and 14 schedule.
Person of other country can also file a case if crime involved Indian companies.
Indian citizen and foreign nationals are equally treated for the protection
guarantee before the law . The Act provides a legal framework of electronic
governance by giving recognition of electronic records and digital signature
Formation of controller of certifying authority to regulate issuing digital
sign. This act provides cybercrime and prescribed penalties.
Objective of IT Act 2000:
- To give a legal support and advice to people who have been affected by
the cyber crime.
- To create a awareness among the people about cyber law.
- To provide the guidance on the legal issues which is increases day by
day to considering the cyberspace.
- To facilitate electronic storage of data.
- To set up authorities for issue like privacy protection and computer
crime.
Some important section of ITA 2000
Information Technology Act Amendment 2008
ITA- 2008, Is a amendment of IT Act 2000. It provides additional focus on
information security.added several new section on offences including cyber
terrorism and data protection.it contains 124 section and 14 chapters. Schedule
I and II have been replaced and schedules III and 1V Are deleted.
Two very important definitions are added to the IT Act through It Amendments
Act, 2008-Section2 (a) –'communication devices' and section 2 (w) –"
Intermediary". This amendments removes any ambiguity and brings within the area
of the Act all coomunication devices, cell phones, send or transmit any text,
video ,audio and images.
Need For The Cyber Law
In today 's digitalize world almost everyone is affected by cyber law. Internet
was initially used for various purposes like research work, information, sharing
documents, and records. But it's also uses in unregulated manner. With the time
change mostly transactional work come on the internet e- business, e- governance
etc. It covers all illegal activities related to internet that deal with cyber
law. The number of internet users is rapidly increasing, therefore cyber law is
needed.
Cybercrime cases such as online bank, frauds, online sharing data, credit card
frauds, virus attack on digital system, e-mail hacking, pornography, cyber
sabotage, hacking etc. become common cybercrime.
Digital signature, online application form and electronic contract are the
replacing the method of transaction business. In the other words any offence and
illegal crime in which use a digital item used is a cybercrime.
Cyber law protect intellectual property rights, legal status of online
transaction, security of government data, integrity and security information of
data privacy and confidentiality of information. In the end cyber law is
important because it covers all aspects of the illegal activities related to
internet. We need separate law on cyber to prevent the misuse of the
technologies. Internet has given wings to the way of doing the legal as well as
acts. So, to combat cybercrime there is the need of the cyber law.
Conclusion
Nowadays , people use multiple social platform to connect . Protecting the
privacy of those users should be majority focused. Cyber law focusing on
protecting the privacy of users from unoccupied agencies, organization.
As the internet becomes essential part of human being, many authorised and
unauthorised activities happened on the computer or any digital source.
Cybercrime is rapidly increases therefore government should adopted to make new
laws as per the changing technology . Cyber law provides a law what to do or
what to be avoided .
The Information Technology Act 2000 has presented certain rules and regulations,
legal procedures for the cybercrime. This act is also essential to combat the
offences which is affected network, software ,hardware and computer.
The people are easily handled the online transaction using the legal transaction
using cyber law and also this law addresses security during the online
transaction. In the other words law made us life simpler while using any
electronic work.
References:
- https://blog.ipleaders.in/introduction-to-cyber-crime-and-cyber-law/
- http://hdl.handle.net/10603/203654
- https://www.javatpoint.com/what-is-cyber-law
- https://www.jigsawacademy.com/blogs/cyber-security/what-is-cyber-law
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