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Analysis Of Cyber Law

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

  1. The IT act also suggest a legal framework for electronic records and communication through digital signature.
  2. It facilitate the digital certificate for securing site.
  3. It provides proper monitoring of traffic.
  4. Cyber law secured e- commerce for setting online business
  5. It helps to blocking unwanted content from internet.

Types Of Cyber Law

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.

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 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

  1. We are living in a highly digital world.
  2. All companies depend on their computer network and keeping their data in electronic form.
  3. Government forms including income tax return , company law firm . Are now filled in electronic form.
  4. Consumer are using cashless transaction for their business, shopping etc
  5. People using email, sms, chat etc. for communication .
  6. Even in non cyber crime important evidence are found in computer, cell and mobile phone.
  7. 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 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.

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.


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