ARE CYBER LAWS A NEED FOR DEVELOPING COUNTRY?

ARE CYBER LAWS NEED FOR DEVELOPING INDIA?

Getting something in your life, while not necessary, becomes a part of our lives, and in order to achieve that, people can fall through any stage. Today's crime rate is rapidly increasing, and in the fastest growing world, computer, networker, and online crime have increased. ‘Cyber law’, ‘IT law’, and the ‘Indian Penal Code’ have all been developed to deal with such issues in today's world.  

The internet is the computer-generated universe of the web, and the rules that govern it are known as digital regulations. Since it has a worldwide extension, all clients of this area are dependent on these limitations. Advanced guideline is additionally characterized as the part of regulation that arrangements with lawful difficulties emerging from the utilization of organized information development. Advanced guideline is worried about practically all parts of exchanges and exercises, including the web, Web, and the web. Each activity and reaction on the web has genuine and legitimate ramifications.  Digital Regulations provide legal recognition to electronic reporting as well as a framework to enable e-recording and web-based business exchanges, as well as a legal framework to reduce cybercrime. 

WHAT IS CYBER LAW?

Laws are a set of guidelines that people must follow in order to behave properly. If a law is broken, someone will be held legally responsible. Similarly, in today's fastest-growing world, crimes such as internet banking fraud, voyeurism, and others are on the rise. There is now a law known as Cyber law to protect people from such crimes or to deal with such issues. Digital regulation was created to aid in the protection of individuals and organizations on the Internet from malicious web users. Cybercrime is defined broadly as "any criminal action or unlawful demonstration in which the Computer serves as a weapon, an objective, or both." The PC can be used for a variety of purposes, including the sale of illegal items (such as weapons, wild life, and opiates), monetary wrongdoings, for example, EFT cheats, Mastercard forgeries, online betting, infection assaults, web jacking, porn, salami assaults, phony, email satirizing, administration assault, refusal of administration assault, digital psychological warfare, digital criticism, cyberstalking, and so on. The Indian Digital Regulation, as well as the Indian Digital Police, help in the security of different things.  Additionally, Digital Regulations provide legal recognition for electronic records, a framework for e-documenting and online commercial transactions, as well as a legal strategy to reduce and effectively address cybercrime. 

Any unlawful act that makes use of a computer, networked device, or other similar technology is referred to as a cybercrime. The area of regulation known as "digital regulation" manages the communications between the Web and innovative and electronic components like PCs, programming, equipment, and data frameworks (IS). Digital regulation is otherwise called Web regulation or digital regulation. In India, cybercrime is covered by both the Data Innovation Demonstration of 2000  and the Indian Reformatory Code of 1860. Cybercrime and electronic business are tended to in the Data Innovation Demonstration of 2000. However, the Demonstration was changed in 2008 to incorporate a definition and punishment for cybercrime. Moreover, changes were made to the Hold Bank of India Act and the Indian Correctional Code of 1860 .

WHY DO WE NEED CYBER LAWS IN TODAY’S LIFE

On June 9, 2000, India passed the Information Technology Act, 2000 (the "IT Act"). The IT Act, often known as Cyber Law in general, is currently the supreme law of India. The UNCITRAL  e-commerce model law is the foundation of the IT Act. The IT Act's preamble just states that giving legal status to electronic transactions is the Act's main goal. The IT Act's reach, however, extends far beyond its preamble. It includes a wide range of topics, including as data security and protection, cybercrimes, online dispute resolution, legally required monitoring of digital communications, and intermediary liability. Any wrongdoing that includes a computer and an organization is viewed as a cybercrime. Either the computer was the planned casualty of the wrongdoing or it was the actual wrongdoing. Security and monetary solidness are both in danger from cybercrime. At the point when confidential data is caught or shared, whether legally or illicitly, there are various security issues. Cybercrime, which incorporates surveillance, monetary burglary, and other cross-line violations, is a worldwide peculiarity that includes both state and non-state entertainers. Cybercrime that includes somewhere around one country activity and crosses global lines is considered cyberwarfare. Cybercrime, as per Warren Buffett, is the "number one issue with humankind" and "stances genuine dangers to mankind." 

Cyber law provides legal protection for persons who use the Internet or run an online business. Cyber laws are created to penalize persons who engage in illicit online activity. They are important to punish for concerns such as online harassment, targeting another website or individual, data theft, interrupting any enterprise's online workflow, and other illegal acts. Child pornography, cyberbullying, cyberstalking, cyber grooming, online sextortion, vishing, smashing, and other related crimes are on the rise, and these laws are needed to address them. With the passage of the IT Act, India has become one of the few countries in the world to have a separate law to address IT concerns and crimes. This has allowed for great expansion in the domains of e-commerce and online transactions, resulting in advanced economic growth. Nonetheless, the Act's implementation, together with its counterpart, the IT Rules, has been successful in combating cybercrime thus far. Given the quickly increasing internet and the rapidly changing world of new technology, we are unaware of what sorts of cybercrime may emerge. Cyber law is the most effective sort of law for combating cybercrime. People who engage in cybercrime increasingly pause to ponder the law before proceeding. The law contributes to a decline in cybercrime offenses. 

The need to change the laws that aid in the victim's justice and the punishment of criminals was felt as technology advanced over time and led to an increase in new ways of committing crimes using computers and the Internet. There are certain acts and amendments that took place, these are listed below.

CHRONOLOGY OF THE INDIAN CYBER LAW

The outline of the chronological development of Indian Cyber law is as below.

YEAR

DEVELOPMENT 

2000:

1. ‘The Information Technology Act of 2000’ went into effect.

 2. ‘The Indian Penal Code of 1860’ was amended.

3. Amended ‘Indian Evidence Act of 1872’.

4. Amended ‘Bankers Book Evidence Act of 1879’.

5. Amendments to the ‘Reserve Bank of India Act of 1934’.

6. The ‘Information Technology (Certifying Authorities) Rules, 2000’ took effect.

7. The ‘Cyber Regulation Appellate Tribunal Rules of 2000’ went into effect.

2000:

1. The ‘Information Technology (Certifying Authority) Regulation, 2001’ took effect.

2002:

1. An executive order was issued.

2. Guidelines for submitting certificates and a list of certification revocations to the controller of certifying authorities for publication in the National Repository of Digital Certificates Issued

3. ‘The Information Technology (Difficulties Removal)’ Order of 2002 was passed.

4. The ‘Negotiable Instruments Act of 2002’ amended the Information Technology Act.

5. ‘Cybersecurity The Appellant Tribunal (salaries, Allowances, and Terms and Conditions of Service of Other Officers and Employees) Rules, 2002’ were enacted.

2003:

1. The ‘Information Technology Rules of 2003’ were enacted.

2. The ‘Cyber Regulations Appellate Tribunal Rules were passed in 2003’.

1. ‘Information Technology Rules, 2004’ passed.

2. ‘Information Technology Act, 2002’ amended. 

    

2006:

1. The ‘Information Technology Act, 2000’ amended.

There were additional amendments in the years 2007, 2009, 2010, 2011, 2013, 2015, and 2016.

AREAS OF ‘CYBER LAW’:

Digital regulations serve various capabilities. While certain regulations safeguard individuals from becoming survivors of wrongdoing because of dishonest web movement, others lay out rules for how people and organizations ought to utilize Computers and the web (Internet). The key spheres of cyber law are as follows: 

A] Fraud:

Cyber laws protect consumers against online fraud. Online financial crimes such as identity theft, credit card fraud, and others are addressed by legislation. Identity theft may result in state or confederacy charges. They may also come across a civil suit filed by a victim. Cyber attorneys defend and prosecute allegations of internet fraud. Section 420, which deal with deception and coercing the delivery of property, will be used to punish fraud. Cybercrimes such as creating bogus websites and cyber fraud are punishable by a seven-year prison sentence and/or a fine under this section of the IPC.

B] Copyright:  

Copyright infringement on the internet is becoming more common. Copyright violations were all too common when people first started communicating online. Lawyers are expected for the two organizations and people to document a claim to force copyright securities. Copyright infringement is the area of digital regulation that safeguards individuals' and organizations' freedoms to benefit from their innovative works. A six-month jail sentence and a fine of basically Rs. 50,000 are the base punishments for copyright encroachment. 

C] Defamation: 

An increasing number of workers express themselves online. When people use the internet to spread false information, it can go too far and become defamation. Civil laws called defamation laws shield people from false public statements that might damage their reputations or businesses. When individuals make statements on the internet that are prohibited by civil laws, defamation law is used. Simple imprisonment for a term up to two years, a fine, or a combination of the two may be used as punishment for defamation.

D] Stalking and harassment:

Sometimes, statements made online violate the criminal laws that forbid stalking and harassment. When someone repeatedly makes threatening online comments about another person, both civil and criminal laws are broken. Clients who are the targets of stalking based on online and other electronic communication are represented and prosecuted by cyber attorneys.

E] Freedom of Speech:

The option to free expression is a basic part of digital regulation. Digital regulations disallow specific internet based ways of behaving, however free discourse regulations permit individuals to communicate their perspectives. Digital lawyers owe it to their clients to educate them regarding any limitations on free discourse, for example, those forced by foulness regulations. Regardless of whether there is conflict about whether their activities comprise legitimate free discourse, digital attorneys might in any case represent their clients.

IMPORTANCE OF CYBER LAW:

While most of us are sleeping, a professional, cyber-military-trained team is repelling wave after wave of cyberattacks. This is especially important in a world where cybercrime has evolved into a professional industry, causing trillions of dollars in losses each year. In 2020, India recorded 50,035 cybercrime cases, representing an 11.8 percent increase over 2019. (44,735 cases)  which leads to amend certain acts, due to the increase in crime. In today's world, cyber law has become very important. Various variables add to this, including the way that all organizations depend on Computer organizations and store basic information electronically, as well as the way that administration structures, for example, assessment forms, business regulation structures, and others are presently finished electronically. While shopping, buyers are progressively utilizing Visas. Most of individuals impart through email, cell phones, and SMS messages. Indeed, even hoodlums, especially cybercriminals, know that independent companies have resources that should be secured however frequently miss the mark on assets to buy the best equipment and programming. Since they are remembered to have weaknesses that bigger organizations don't, cybercriminals target private companies more oftentimes than they do bigger ones. The core assets of your company must be guarded with the same vigilance even though it may not have the resources that Higher Company offers. This is frequently achieved by utilizing cutting-edge cyberattack technologies that make use of cloud resources to offer superior protection at a reasonable price. Businesses that are not protected may suffer from a variety of negative consequences, including the following.

• Cybercrime, in the end, causes significant and direct financial disruption.

• Cyber-attacks disrupt businesses and reduce productivity.

• One of the long-term consequences of a cyber-attack is a loss of reputation.

So, the law for cyber-attacks becomes important to have. It does not only protect smaller business but   it is important for all types of business organizations. Several reasons for the importance of Cyber Law are listed below.

A} It allows employees to work safely - with the help of cyber law, you and your company's employees are not at risk from a potential cyberattack. If your system becomes infected, it can seriously impair their productivity.

B} it can protect your business - This is one of the most important reasons why cyber law is so important. It enables employees to access the internet whenever they need to. You must ensure that they are not vulnerable to potential threats.

C} it safeguards the user's personal information - One of the most important aspects of the digital world is keeping your personal information private. It is critical for the customer that they are able to sell the information.

D} it safeguards productivity - There are numerous viruses that can cause your computer to slow down. It can frequently bring your personal business to a halt.

Indeed, even in "non-cybercrime" cases, like separation, murder, capturing, coordinated wrongdoing, psychological militant tasks, fake money, etc, digital regulation becomes significant in light of the fact that it includes the internet, including PCs/PDAs, which contain essential proof.

Digital regulation is critical in light of the fact that it influences all parts of exchanges and exercises on and connected with the Internet, the wolrd wide web, and The cyberspace. Despite the fact that security is available to safeguard individuals and their private data, programmers are additionally present to break those secret issues. It has become basic in our country to have digital regulation.

CATEGORIES OF CYBER LAW:

Cybercrimes can be broadly divided into three categories. These groups consist of:

• People-related crimes:

These crimes happen online, but their effects are felt in the real world. Several of these crimes include online libel or slander, child pornography distribution, various spoofing methods, fraud related to credit cards, human marketing , and identity theft.

• Violations of Property:

Targets of certain cybercrimes include servers and computers that are real. Some of these offenses include copyright infringement, intellectual property infringement, hacking, virus distribution, cyber- and typo-squatting, computer vandalism, and DDOS  attacks.

• Governmental Offenses:

Cybercrime against the government is viewed as a form of warfare and an infringement on the sovereignty of that nation. Cybercrime against the government includes the use of pirated software, hacking, gaining access to private information, cyberterrorism, cyberwarfare, and other activities.

The IT ACT of 2000 and the IPC have both addressed the majority of these types of cybercrimes. The IT Act defines the following as cybercrimes:

• Section 65, 'Tampering with Computer Source Documents.'

• Section 66, Data Alteration and Computer System Hacking.

• Section 67, 'Publishing Obscene Information'.

• Section 70, 'Unauthorized Access to Protected Systems'.

• Section 72, 'Breach of Confidentiality and Privacy'.

• 'Section 73: Publishing False Digital Signature Certificates'

Among the special laws and cybercrimes covered by the IPC are:

• Section 503 of the Indian Penal Code (IPC) prohibits sending threatening emails.

• Section 499 of the Indian Penal Code (IPC): "Sending Defamatory Messages by Email"

• 'IPC Section 463, Forgery of Electronic Records,' is applicable.

• 'Section 420 of the Indian Penal Code (IPC): False Websites and Cyber Fraud'

• 'Indian Penal Code (IPC) Section 463, Email Spoofing'

• Section 383 of the Indian Penal Code (IPC): Web-Jacking

• Section 500 of the Indian Penal Code (IPC), Email Abuse

Additionally, the Special Acts cover cybercrime, such as: 

• Online Sale of Arms in Violation of the 1959 Arms Act.

• Drugs sold online in accordance with the Narcotic Drugs and Psychotropic Substances Act of 1985.

NEW CYBER LAW:

Laws are updated as society does. Since the world is evolving in the twenty-first century, it follows that rules must change as well, which implies that technology is always being updated. This implies that laws likewise need to be revised frequently. Although American law hasn't changed much in a while, five statutes were passed in 2014:

• ‘The National Cybersecurity Act’ (NCPA).

• 2014 ‘Cybersecurity Enhancement Act’ (CEA).

• ‘Act Modernizing Federal Information Systems of 2014’ (FISMA 2014).

• ‘Act on Assessing the Workforce in Cybersecurity’ (CWWA).

• ‘Act to Reform Border Patrol Agent Pay’ (BPAPRA).

The majority of these laws, if we look into consideration, were created to modernize earlier legislation. The foundation for security controls was modified by FISMA 2014. The NCPA was created to facilitate information exchange between the government and the commercial sector. One of the most significant bills was the CEA. Possibly impacted are private businesses. This is due to the fact that it supports the creation of voluntary cybersecurity standards. The informal mission of the National Institute of Standards and Technology is strengthened by this law (NIST). The Federal Financial Institutions Examination Council used to cover some of these topics, but now the CEA does as well (FFIEC).

NIST and FFIEC were both unofficial standards. The CEA is more binding as it is a law. This is especially helpful for settling conflicts brought on by cybercrimes.

CONCLUSION:

Today we live in the twenty-first century, this century also can be referred to as the digitalization of the world. We live in a highly digitalized platform, as the world moves quickly and technology improves quickly, but a perfect society exists only in illusion. Because of the improvements that are taking place in society, people suddenly want to change their life, but changing the life takes time, people want to fulfil their requirements in a timely manner, and crime is the only option that makes you wealthy quickly, which ultimately increases the crime rate.

The significance of cyber law increases annually. The rise in cybercrime is to blame for this. Raising awareness of these issues will soon be a top priority for governments and cyber law enforcement organizations. For instance, India funded research projects on cyber trends in 2013 and 2014. A yearly international conference on cyber law has also been held in India since 2014 as an added bonus. The primary goal of the conference is to encourage understanding and another aspect that is international cooperation.

By analysing all the data, we can conclude that cybercrime is on the rise and that technology plays a significant role in both cyber and non-cybercrimes. As a result, it is important for our nation to have laws that address cybercrime in order to protect its citizens from these crimes. As everyone is aware, India is a developing nation, and its people are themselves developing. Consequently, we can say that as the country develops, technology use grows, and as technology grows, so does technology-related crime. Therefore, having a cyber law in developing nations becomes very important. If we use the UK as an example, the laws have been inventing in the year 1990 itself.  Because a law gives protection against cybercrime, cyber law is essential for both developed and developing nations.

This article is written by- Miss. Shreya Ramesh Boke. Currently, I am pursuing BALLB from Maharashtra National Law, University, Aurangabad.