Unit-1
What is Cyber Law?
Cyber law, also
known as Internet Law or Cyber Law, is the part of the overall legal system that
is related to legal informatics and supervises the digital circulation of
information, e-commerce, software and information security.
Cyber laws help to reduce or prevent people from
cybercriminal activities on a large scale with the help of protecting
information access from unauthorized people, freedom of speech related to the
use of the Internet privacy, communications, email, websites, intellectual
property, hardware and software, such as data storage devices.
Cyberlaw offers legal protections for people who are using
the Internet as well as running an online business. It is most important for
Internet users to know about the local area and cyber law of their country by
which they could know what activities are legal or not on the network. Also,
they can prevent ourselves from unauthorized activities.
Why are
cyber laws needed?
There are
many security issues with using the Internet and also available different
malicious people who try to unauthorized access your computer system to perform
potential fraud. Therefore, similarly, any law, cyber law is created to protect
online organizations and people on the network from unauthorized access and
malicious people. If someone does any illegal activity or breaks the cyber
rule, it offers people or organizations to have that persons sentenced to
punishment or take action against them.
·
Importance of
Cyber Law
Cyber law is
important for several reasons:
Protection of
personal data: With the increasing use of the internet, people are sharing more
personal information online, which can be misused. Cyber law provides
legal safeguards to protect personal data from unauthorized access and use.
Prevention of
cybercrime: Cybercrime is a growing threat, including identity theft,
cyberbullying, hacking, and phishing. Cyber law provides legal provisions to
prevent and punish such activities.
Regulation of
e-commerce: E-commerce has become an integral part of the global economy, and
cyber law ensures that businesses and consumers can engage in online
transactions safely and securely.
Protection of
intellectual property: The internet has made it easy to copy and distribute
digital content, which can lead to copyright infringement and other
intellectual property violations. Cyber law provides legal protections to
prevent such activities.
Ensuring online freedom of expression: Cyber law ensures that people have the right to express themselves freely online without fear of censorship, while also balancing the need to prevent hate speech and other forms of harmful content.
·
CYBER JURISPRUDENCE:
Jus and prudential is a Latin words which being mutated as jurisprudence. The English meaning of jurisprudence is “knowledge of law”.
DEFINATION: Cyber jurisprudence is the study of laws which is directly related to cyber crimes. Cyber jurisprudence also describes the principles of legal issue, which exclusively regulates the cyberspace and internet. Cyber jurisprudence gives us to analysis of the law where there is no land and even there is no border, where all things may be different from the physical world, they may be virtual from origin and nature.
In short cyber jurisprudence deals with the composite idea of cyber jurisdiction.
·
CYBER CRIME
DEFINATION: Crimes which are
committed with the use of computers or related to computers through internet is
known as cybercrime.
Cybercrime is a
term which is used to describe the criminal activities which is done with the
help of computers, in such type of crimes computers are used as a tool or as a
target.
·
Cyber crime can be categorize in two ways
–
1] When computers are used as target.
e.g. Virus attack, hacking etc.
2] When
computers are used as a tool.
e.g. Pornography, cyber terrorism etc.
Cyber crime
also refers to many activities which are performed by criminals like credit
card fraud, hacking, child pornography etc.
·
DIVISION OF CYBER CRIME
Cybercrime can
be divided into three categories.
a] Cybercrimes
against individuals.
b] Cybercrimes
against property.
c] Cybercrimes against government.
CYBER
CRIMES AGAINST INDIVIDUALS
This types of
crime includes transmission of child pornography, harassment of any one with
the use of computer such as e-mail and cyber stalking. This is that type of
crime, which threatens to undermine the growth of the younger generation as
also leave irreparable scars and injury on them, if not controlled.
·
Types of cybercrimes against individuals
Cyber
pornography
E-mail
spoofing
Cyber
defamation
Cyber staking
·
CYBER CRIME AGAINST PROPERTY
These is the second form of cybercrimes which play against all forms of property. These crimes contain unauthorized computer trespassing through cyberspace. Unauthorized possession of computerized information, computer vandalism and transmission of harmful programs comes under it. Software piracy is also another distinct kind of cybercrime.
·
Types of cyber-crimes against property
Hacking
E-mail
bombing
Financial
crimes
Sale
of illegal articles
Intellectual
property crimes
Forgery
Fraud
Trojan
attacks
Logic
bombs
Virus
or worms attacks
Salami
attacks
Data
diddling
Copyright infringement
·
CYBER CRIME AGAINST GOVERNMENT
In this category cyber Terrorism is a distinct kind of crime. This crime include when an individual cracks into a government or military maintained website.
·
CYBER CRIMINALS
When a person commits an illegal Act with a guilty intention then that person is called a cyber criminal or offender. In short any person who commit a cyber crime is known as a cyber-criminal. Cyber criminals may be organized hackers, discontented employees, professional hackers or a teenager’s also. It is true that most of the cyber criminals are teenagers. Teenagers thinks that it is a matter of pride to hack someone personal computer or a websites.
·
RESENT CASE
The Chennai city police have arrested an engineering college student from Tamil nadu for sending of unsolicited messages to a chartered accountant. Now the boy is released on bail.
·
Cyber law
Cyber law is the law which governing cyberspace. Actually this law is directly related with cyber crimes, intellectual property, data protection and privacy and electronic signature.
·
CYBER LAW IN INDIA
Cybercrime is unlawful acts. In which the computer are used as a tool or target. Cybercrime includes all those criminal activities that are traditional in nature such as fraud, forgery, all of which are subject to the Indian penal code. The misuse of computer has also given birth to a gamut of new age crimes that are addressed by the information technology Act 2000.
·
CHECKING CYBER CRIMES UNDER INFORMATION TECHNOLOGY
ACT:
The information
technology Act 2000 which is amended by IT Act 2008 check the issue which is
directly related with cyber crimes or E-mail crimes, or computer crimes. When a
criminal commit the crime by using internet as the sources of target or as a
tool then such type of crimes is called cyber crime.
The information technology Act 2000 provides strict punishment for cyber crimes such as imprisonment up to 10 years and also file up to 1 crore.
·
MAIN FEATURES OF THE INFORMATION
TECHNOLOGY ACT, 2000:
India has
enacted the information technology Act in the year, 2000 based on the modern
law on electronic commerce adopted by the United Nations commission on
international Trade Law. Main features of the information technology Act, 2000
are as follows:
The
Act provides for regulation of certifying Authorities. This Act also empowers
the certifying Authority to issue Digital signature Certificate.
The
Act provides for establishment of cyber Appellate Tribunal.
The
act completely bars the jurisdiction of civil court.
Breach
of confidential and privacy.
Fraud
Publishing
digital signature certificate falsely.
Misrepresentation.
The
Act also provides for confiscation of any computer, computer system, floppies,
compact Discs, tap drives or any other accessories related in the commission of
the offence.
The Act also provides powers to control and state Govt. to frame rules and regulations for effective implementation of the Act.
This Act consists
of 94 sections with 4 schedules. There are 13 chapters that deal with
preliminary aspects, digital signature, security of electronic records,
penalties, electronic governance, offences, adjudication etc.
Relevant
provision of the Indian penal code have been amended in accordance with the
schedule appended with IT Act. Following activities have been made punishable.
Destruction
of electronic records to prevent its production as evidence in court is
punishable.
Counterfeiting
electronic records is made punishable.
Fabricating
false evidence by making fictitious entry in electronic book or record is made
punishable.
Whoever
being a public servant prepares in correct electronic records in discharges of
his officials duty, is liable for a punishment up to three years.
Forgery by making false electronic records is also an offence.
·
PREVENTION AGAINST CYBER CRIME
On
cyber law, both the central and state government should allocate more funds for
conducting researchers.
In both school and college, a subject on cyber Law should be introduced.
An
international Law on the use of computer to cybercrimes and to crimes free
cyber space is needed.
The Act should be amended suitably in consonance with the development of science and technology.
What are the Issues of
jurisdiction in cyberspace?
Jurisdiction is the authority of a court
or legal system to hear and decide a case. In the context of cyberspace,
jurisdiction can be a complex issue due to the cross-border nature of the
internet and the difficulty in determining where a particular online activity
takes place. Some of the key issues of jurisdiction in cyberspace include:
Territoriality: Traditional legal concepts of jurisdiction are based on the
physical location of the parties and the transaction. However, in cyberspace,
it can be difficult to determine where a transaction took place or where the
parties are located.
Personal jurisdiction: Personal jurisdiction refers to the power of a court to
exercise authority over a particular person or entity. In cyberspace, it can be
difficult to determine whether an individual or entity is subject to the
jurisdiction of a particular court.
Extraterritoriality: Extraterritorial jurisdiction refers to the power of a court to
hear a case that involves parties outside of its own territory. However, the exercise
of extraterritorial jurisdiction in cyberspace can be challenging due to the
global nature of the internet.
Conflicts of law: Cyberspace involves interactions between parties from different
legal jurisdictions, which can create conflicts of law. For example, if a
dispute arises between parties from two different countries, it can be
difficult to determine which country's laws apply.
Sovereignty: Cyberspace challenges the traditional notion of state
sovereignty, as online activities can take place across national
borders and can be difficult to regulate.
These issues of jurisdiction in cyberspace can make it challenging for courts and legal systems to apply traditional legal concepts to online activities. As a result, there is an ongoing debate about how to address these jurisdictional challenges and develop new legal frameworks that are more suited to the digital age.
· Types
of Jurisdiction:-
In general, there are several types of
jurisdiction that can be relevant in legal proceedings, including:
Personal jurisdiction: This refers to the power of a court to exercise authority over
a particular person or entity. It is typically based on the individual's
physical presence in the court's jurisdiction, or on their consent to be
subject to that jurisdiction.
Subject matter jurisdiction: This refers to the power of a court to hear cases of a
particular type or subject matter. For example, a court with limited
jurisdiction may only hear cases related to small claims or
traffic violations.
Territorial jurisdiction: This refers to the power of a court to hear cases that arise
within a particular geographic area. This can be based on factors such as where
the parties reside or where the alleged offense occurred.
Hierarchical jurisdiction: This refers to the power of a higher court to hear appeals from
lower courts. In this type of jurisdiction, the lower court must follow the
rulings of the higher court.
Exclusive jurisdiction: This refers to the power of a particular court to hear cases
exclusively, without interference from other courts. For example, federal
courts in the United States may have exclusive jurisdiction over
cases involving federal law.
Concurrent jurisdiction: This refers to the power of multiple courts to hear the same
case. For example, in the United States, both state and federal courts may have
jurisdiction over certain types of cases.
The specific types of jurisdiction that apply in a particular case will depend on the legal system and the specific circumstances of the case.
What
is the minimum contact theory?
The "minimum
contacts" test is a legal test that is used to determine
whether a court has personal jurisdiction over a particular defendant. The test
was developed by the United States Supreme Court in the landmark case
International Shoe Co. v. Washington (1945).
Under
the minimum contacts test, a court may exercise personal jurisdiction over
a defendant if the defendant has "minimum contacts" with the state or
jurisdiction where the court is located. This means that the defendant must
have purposefully availed themselves of the benefits and protections of the
state or jurisdiction, and their conduct must have created a "substantial
connection" with the state or jurisdiction.
The purpose of
the minimum contacts test is to ensure that defendants are not subjected to
jurisdiction in a state or jurisdiction where they have no meaningful
connection, and to provide a fair and efficient forum for resolving disputes.
The test has been refined over the years through subsequent court
decisions, and variations of the test have been adopted in other countries as
well.
Overall, the minimum contacts test is an important tool for determining whether a court has jurisdiction over a particular defendant, and for ensuring that defendants are not unfairly subjected to jurisdiction in a state or jurisdiction where they have no meaningful connection.
What is sliding
scale theory? And effect test and International targeting
The "sliding scale"
theory is a legal framework that is used to determine whether a court
has personal jurisdiction over a defendant in an internet-based case. The
sliding scale theory was developed by the United States Supreme Court in the
case of Zippo Manufacturing Co. v. Zippo Dot Com, Inc. (1997).
Under the sliding scale theory, a court
will consider the level of interactivity and commercial nature of the
defendant's website in determining whether the court has jurisdiction over the
defendant. The theory identifies three categories of websites:
Passive websites: These are websites that
simply provide information and do not allow users to interact with the website
or engage in transactions.
Active websites: These are websites that
allow users to interact with the website, such as by filling out forms or
making purchases.
Interactive websites: These are websites that allow users to engage in ongoing and
substantial interactions with the website or other users, such as through chat
rooms or forums.
The level of interactivity of the website
is considered alongside other factors, such as the commercial nature of the
website and the extent to which the website is directed at residents of the
jurisdiction in question.
In addition to the sliding
scale theory, two other tests are commonly used to determine whether a
court has jurisdiction over a defendant in an internet-based case:
Effects test: This test focuses on whether the defendant's conduct had a
substantial effect within the jurisdiction in question, even if the defendant
did not have physical presence in the jurisdiction.
International targeting: This test is used in cases involving foreign defendants and focuses on whether the defendant specifically targeted the jurisdiction in question with their website or other online activities.
What is the
cyber jurisdiction under the IT Act?
The Information Technology Act,
2000 is an Indian law that governs electronic transactions and
digital communication. The Act provides for the establishment of a
legal framework to regulate electronic commerce and protect the security and
confidentiality of electronic transactions. In terms of jurisdiction, the IT
Act 2000 provides for the following:
Territorial jurisdiction: Section 1(2) of the IT Act 2000 specifies that the Act applies
to the whole of India and to any offense committed outside India by any person
if the act or conduct constituting the offense involves a computer, computer
system or computer network located in India.
Cyber Appellate Tribunal: The IT Act 2000 also provides for the establishment of a Cyber
Appellate Tribunal to hear appeals against orders passed by Adjudicating
Officers appointed under the Act. The Tribunal has jurisdiction over
the whole of India.
Adjudicating Officers: The Act also provides for the appointment of Adjudicating
Officers by the Central Government to adjudicate whether any person has
committed a contravention of the Act. The Adjudicating Officer has
jurisdiction over the area in which the contravention has occurred.
Offenses under the Act: The IT Act 2000
also specifies that offenses under the Act are cognizable and non-bailable, and
that the police have jurisdiction to investigate and prosecute such offenses.