Cyber Law and Cyber Security

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.

 

 

 

Tausif

Hi! My name is TAUSIF AHMAD I have completed B.Tech in Computer Science from Maulana Azad National Urdu University Hyderabad. I am always ready to have new experiences meet new people and learn new things. 1. I am very interested in Frontend Development. 2. I love video editing and graphics designing. 3. I enjoy challenges that enables to grow. 4. I am part time Blogger.

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