Cyber law is the term used to describe a law that deals with issues related to the internet, technological and electronic elements, communication technology, including computers, software, hardware and information system. It has also been referred to as the “law of the internet.” Cybercrime is a generic term that refers to all criminal activities one using the medium of communication technology components, the internet, cyber space and the www. It provides legal protections to people using the internet. This include both businesses and everyday citizens. The information technology act was born from the resolution of the United Nations General Assembly dated 30 January 1997, as a result of which International Trade Law and electronic commerce were brought under the law. If we talk about India, then in July 1998, the department of electronics prepared its draft, but it could be introduced in the House on 16 December 1999 only when the new IT Ministry was formed.
Need for cyber law
• In today’s techno-savvy environment, the world is becoming more and more digitally sophisticated and so are the crimes.
Example- objective of internet: A tool for information sharing & research but now it is used for e-governance, e-commerce, e-business & e-procurement etc.
Cyber law affects practically everyone in the highly digitalized world of today.
Example: Financial transaction, computer networks, shares, valuable data in electronic form, income tax filled in electronic form, incase of credit cards for shopping, Digital signatures & e-contracts, personal information via emails cellphones & messages.
• To development of department about cyber forensic.
• Training of cyber users & development of infrastructure to it.
• Enforce judiciary o the methodology and procedure about digital evidence.
What happens if anyone breaks a cyberlaw?
If someone violates a cyber law, action will be taken against them based on the sort of law they violated, where they live, and where the law was broken. If you violate the law on a website, for example, your account may be suspended or terminated, and your IP address may be blocked. Additionally, anticipatory action can be taken against anyone who engages in really significant illegal activities, such as distressing another person or business, hacking, or targeting another person or website.
Importance of cyber law
• Cyberspace is the name given to the computer-generated internet world. Cyberspace is governed by what are known as cyber laws, which apply to all users since they have a sort of universal jurisdiction.
• Cyber law is also known as the area of law that deals with the legal implications of using networked information technology. Cyber law is, in essence, the body of law that controls computers and the internet.
• The expansion of electronic commerce has increased the demand for dynamic and functional regulatory frameworks that would further fortify the legal framework, which is essential to the success of electronic commerce.
Areas of cyber law
Cyber laws are used by user to armor them against online scam. There are laws in place to stop financial crimes including credit card theft, identity theft, and other online financial crimes. The Federal or state authorities may file criminal charges against identity thieves.
Internet use has made it straightforward to infringe intellectual laws. Copyright violations were simple to commit in the early days of online communication by simply clicking a button on a file-sharing website. The area of cyber law known as copyright infringement protects people's and businesses' legal right to monetarily benefit from their creative works.
• Defamation: The right to free expression is guaranteed by the Indian constitution, but it is subject to restrictions; when these restrictions are exceeded, defamation occurs. Under cyber law, a person who disrespects another person or a company will be held accountable.
• Cyberstalking: Cyberstalking is the practice of following or harassing someone online or another technological medium. Cyberstalking refers to stalking or harassment that occurs online. It can take many different forms, such as slander, defamation, and threats, and it may target particular people, teams, or even entire organizations.
• Freedom of speech: Freedom of speech is an important space of cyber law. All though cyber laws prohibit certain conducts online, freedom of speech laws also allow people to speak their minds.
Cyberlaws in India
The information technology act 2000, was passed as the act no.21 of 2000, was passed as the act no.21 of 2000, got president assent on 9th June and was made effective from 17th October 2000.
Broadly, the act covers the following issues:
• Legal recognition of electronic documents
• Legal recognition of digital signatures
• Offenses and contravention
• Justice dispensation system for cyber-crimes.
The act totally contains 13 chapters and 90 sections.
Hacking and data theft: Sections 43 and 66 of IT Act penalize a number of activities ranging from hacking into a computer network,
The maximum penalty for the aforementioned offences is 3 years in prison, a fine of Rs 5,00,000, or both.
Receipt of stolen property: section 66B of the IT Act prescribes punishment for.
• Receiving any communication or computer resource that has been stolen dishonestly.
Thus, Section 66B of the IT Act imposes a maximum sentence of three years in prison and/or a maximum fine of Rs. 1,000,000, or both, as a penalty for this offence.
Identify theft: Section 66C of the IT act prescribes punishment for identity theft.
• Anyone who fraudulently or dishonestly make use of electronic signature, password or any other unique identification feature of any other person.
They will be punished with imprisonment of either description for a term which may extend to 3 years and also shall be liable to fine which may extend to Rs 1,00,000.
Cheating using computer resource: section 66 D if a person cheats someone using a computer resource or communication, then the perpetrator faces up to three years in prison and a fine that could reach Rs 1,000,000 in addition to other penalties.
Violations of privacy: Section 66E of the IT act prescribes for violation of privacy and protection.
Whoever violates another person's privacy by deliberately or knowingly taking, disseminating, or transmitting an image of a private area of that person without that person's consent. They shall be punished with imprisonment which may extend to 3 years or with fine not exceeding to 2,00,000 or with both.
Obscenity: Sections 67, 67A and 67B of the IT act prescribe punishment for publishing or transmitting in an electronic form:
• The punishment prescribed for an offence under section 67 of the IT act is, on the first conviction, imprisonment of either description of a term which the perpetrator faces up to three years in prison and a fine that could reach Rs 5,00,000 in addition to other penalties.
• The punishment prescribed for offences under section 67A and 67B of IT act is on First conviction, imprisonment of either description for a term which may extend to 5 years, to be accompanied by a fine which may extend to 5 years, to be accompanied by a fine which may extend to Rs 10,00,000.
Cyber terrorism: section 66 F of IT prescribes punishment for cyber terrorism.
• Whosever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people,
• Denies or causes the denial of access to any person authorized to access a computer resource, or attempts to penetrate or access a computer, resource without authorization or exceeding authorized access,
Whosever commits or conspires to commit cyber crime terrorism shall be imprisonment which may extend to imprisonment for life.
Future of cyber law
As cyber law evolves globally, different nations recognize the need for law harmonization and the need for global best practices and standards to guide implementation. Cyberlaw will need to be further established in the courts. Given the new understanding brought about by technical complexity, both substantive and procedural legislation would need to be amended. In order to uphold our constitutional safeguards, the courts will need to adopt a cyber jurisprudence. As the globe enters a completely distinct moment in history, technology and cyberspace are continuously making enormous advancements. 2012 is looking to be a year full of problems and trends in cyber law, with the economic, political, and social changes of 2011 serving as a backdrop. Crystal gazing is never simple, especially when done so precisely. However, based on the current state of jurisprudence and changing trends, certain significant Cyber law developments that are anticipated to arise in 2012 can be predicted. Increased network attacks and the requirement for suitable legislative frameworks for bolstering, maintaining, and promoting cyber security are predicted to be the main themes in cyber law in 2012. Policymakers around the world will be challenged to put in place effective facilitating legal frameworks that not only secure and preserve cyber security, but also help instill a cyber security ethos among netizen users, as data security attacks and vulnerabilities are expected to rise sharply in 2012. Many of the global cyber regulations that are now in effect fall short of addressing important cyber security issues. The development of appropriate laws and regulations to support the protection, maintenance, and promotion of cyber security in the context of the usage of computers, computer systems, computer networks, computer resources, and communication devices is likely to receive additional attention this year.
What appears to be perfectly organized and impenetrable today might not be tomorrow. The internet is a global phenomenon; thus, it is likely to draw many types of criminal activity. India has taken a big stride toward eliminating cybercrime with the passing of the Information Technology Act and the giving of exclusive powers to the police and other authorities to combat cybercrime.
The power of the human intellect is beyond comprehension You could look them over. History has proven that no policy has ever been able to eradicate crime globally. Finally, I'd want to provide a cautionary note to the pro-legislation crowd: it's critical to keep in mind that the parameters of the cyber law aren't made so tight that they stunt the industry's development and become ineffective.