Cyber Law

MARWARI COLLEGE, RANCHI

(AN AUTONOMOUS UNIT OF RANCHI UNIVERSITY FROM 2009)

- Prakash Kumar, Dept. of CA

-Raju Manjhi Dept. of CA

__________________________________________________________________________________ 

Cyber Law

Cyber Law: Cyber is the law governing cyber space. It also called IT Law is the law regarding Information-technology including computers and internet. It is related to legal informatics and supervises the digital circulation of information, software, information security and e-commerce.

[Note: Cyber space: Cyber space includes computer network, software data storage device, internal website, e-mail and also cell phones and ATM machines etc.]

The law encompasses the rules of conduct-

1. Have been approved by government or enforce over certain territory, and,
2. Must be obeyed by the entire person in that territory.

A cyber law encompasses laws relating to:

1.   Cyber crime

2.   Data protection and privacy

3.   Intellectual property

4.   Electronic and digital signature.

1. Cyber crime: It is unlawful as where the computer is used either as a tool or target. It includes a computer and a network.

It is the use of a computer as a weapon for committing crimes such as:

      a.    committing fraud

      b.    identities theft

      c.    breaching privacy.

Cyber crime may endanger a person or a nation’s security and financial health.

2.  Data protection and privacy: It aims to achieve a fair balance between privacy right of an individual and an interest for data controller. E.g.- Bank.

3. Intellectual property: Intellectual property refers to creation of the human mind. E.g. stories, painting, song etc.

The faces of intellectual property relates to cyber space are covered by cyber law.

4. Electronic and digital signature: Electronic signatures are used to authenticate electronic records.

Digital Signature satisfy the following requirements-

      a.    Signer authentication

      b.    Message authentication

      c.    Message integrity.

Need/Scope for Cyber Law: There are various reasons while it is difficult for conventional law to cope up with cyberspace/ law as:

      a.  Cyber Space is intangible and it is impossible to govern and regulate using    conventional law.

      b.    Cyber space has complete disrespect to its boundaries.

      c.    Cyber space handles vast traffic volume every seconds..

      d.   Cyber space is absolutely open to all.

      e.    Cyber space offers, never seen before economic efficiency.

      f.     Software privacy

      g.   Theft of corporal information.

Importance of Cyber Law:

1.   It covers all transaction over internet.

2.   It keeps eyes on all activities over internet.

3.   It touches every action and every reaction in cyberspace.

Area of Cyber Law:

Cyber laws contain different types of purposes. The major areas of cyber law include:

1.   Fraud:
Consumers depend on cyber laws to protect them from online fraud. Laws are made to prevent identity theft, credit card theft and other financial crimes that happen online.

2.   Copyright:
The internet has made copyright violations easier. Copyright violation is an area of cyber law that protects the rights of individuals and companies to profit from their own creative works.

3.   Defamation:
Several personnel use the internet to speak their mind. When people use the internet to say things that are not true, it can cross the line into defamation.. When people use the internet to make statements that violate civil laws, that is called Defamation law.

4.   Harassment and Stalking:

Sometimes online statements can violate criminal laws that forbid harassment and stalking. When a person makes threatening statements again and again about someone else online, there is violation of both civil and criminal laws

  5.  Freedom of Speech:

Freedom of speech is an important area of cyber law. Even though cyber laws forbid certain behaviors online, freedom of speech laws also allow people to speak their minds.

6.  Trade Secrets:

Companies doing businesses online often depend on cyber laws to protect their trade secrets.. Cyber laws help companies to take legal action as necessary in order to protect their trade secrets.

  7.  Contracts and Employment Law:

Every time you click a button that says you agree to the terms and conditions of using a website, you have used cyber law. There are terms and conditions for every website that are somehow related to privacy concerns.

Advantages of Cyber Law:

·         Organizations are able to carry out e-commerce using the legal infrastructure provided by the Act.

·         Digital signatures have been given legal validity and sanction in the Act.

·         It has opened the doors for the entry of corporate companies for issuing Digital Signatures Certificates in the business of being Certifying Authorities.

·         It allows Government to issue notification on the web thus heralding e-governance.

·         It gives authority to the companies or organizations to file any form, application or any other document with any office, authority, body or agency owned or controlled by the suitable Government in e-form by means of such e-form as may be prescribed by the suitable Government.

·         The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions.