Oct 25, 2017
375 Views
0 0

Cyber Crime and Cyber Law India

Written by

This article talks about Cyber Crime and Cyber Law India and also measures and other preventative measures for Cyber Crimes in India.

Cyber Crime and Cyber Law India

  • Cyber Law India

Internet law or Cyber law India  is a term that encapsulates the legal issues related to use of the Internet. It is less a distinct field of law than intellectual property or contract law, as it is a domain covering many areas of law and regulation. Some leading topics include internet access and usage, privacy, freedom of expression, and jurisdiction

Thus Cyber law India can be considered as a part of the overall legal system that deals with the Internet, E-commerce, digital contracts, electronic evidence, cyberspace, and their respective legal issues. Cyber law India covers a fairly broad area, encompassing several subtopics including freedom of expression, data protection, data security, digital transactions, electronic communication, access to and usage of the Internet, and online privacy.

  • Cyber Crime

In Information Technology Act 2000 nor in the I.T. Amendment Act 2008 nor in any other legislation in India Cyber Crime however not defined.  Offence or crime has been dealt with elaborately listing various acts and the punishments for each, under the Indian Penal Code, 1860 and quite a few other legislations too. Hence, it is just a combination of crime and computer. To put it in simple terms ‘any offence or crime in which a computer is used is a cyber crimes’.

Cyber Crime always affects the companies of any size because almost all the companies gain an online presence and take advantage of the rapid gains in the technology but greater attention to be given to its security risks. In the modern cyber world cyber crimes is the major issue which is affecting individual as well as society at large too.

The Information Technology Act, 2000 is an Act of the Indian Parliament notified on 17th October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. It thus based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.

Advantages of Cyber Law India

The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. We need such laws so that people can perform purchase transactions over the Net through credit cards without fear of misuse. The Act offers the much-needed legal framework so that information thus not denied legal effect, validity or enforceability, solely on the ground that its in the form of electronic records.

In view of the growth in transactions and communications carried out through electronic records, the Act seeks to empower government departments to accept filing, creating and retention of official documents in the digital format. The Act has also proposed a legal framework for the authentication and origin of electronic records/communications through digital signature.

  • From the perspective of e-commerce in India, the IT Act 2000 and its provisions contain many positive aspects. Firstly, the implications of these provisions for the e-businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law.

  • Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act.

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

  • The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issuing Digital Signatures Certificates.

  • The Act now allows Government to issue notification on the web thus heralding e-governance.

  • This Act enables the companies to file any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in electronic form by means of such electronic form as may prescribed by the appropriate Government.

  • The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions. The Act has given a legal definition to the concept of secure digital signatures that would be required to have been passed through a system of a security procedure, as stipulated by the Government at a later date.

  • Under the IT Act, 2000, it shall now be possible for corporates to have a statutory remedy in case if anyone breaks into their computer systems or network and causes damages or copies data. The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. 1 crore.

 

Measures To Curb The Crime under Cyber Law India

Though by passage of time and improvement in technology to provide easier and user friendly methods to the consumer for make up their daily activities, it has lead to harsh world of security threats at the same time by agencies like hackers, crackers etc. various Information technology methods have introduced to curb such destructive activities to achieve the main objects of the technology to provide some sense of security to the users.

Few basic prominent measures used to curb cyber crime are as follows:

  • Encryption

This however considered as an important tool for protecting data in transit. Plain text (readable) can thus converted to cipher text (coded language) by this method and the recipient of the data can decrypt it by converting it into plain text again by using private key. Except for recipient whose possessor of private key to decrypt the data, no one can gain access to sensitive information.
Not only the information in transit but also the information stored on computer can protected by using Conventional cryptography method. Usual problem lies during the distribution of keys as anyone if overhears it or intercept it can make the whole object of encryption to standstill. Public key encryptograpy was one solution to this where the public key could known to the whole world but the private key was only known to receiver, its very difficult to derive private key from public key.

  • Syncronised Passwords

These passwords are schemes used to change the password at user’s and host token. The password on synchronised card changes every 30-60 seconds which only makes it valid for one time log-on session. Other useful methods introduced are signature, voice, fingerprint identification or retinal and biometric recognition etc. to impute passwords and pass phrases.

  • Firewalls

It creates wall between the system and possible intruders to protect the classified documents from leaked or accessed. It would only let the data to flow in computer which thus recognised and verified by one’s system. Thus it only permits access to the system to ones already registered with the computer.

  • Digital Signature

Digital Signature created by using means of cryptography by applying algorithms. This has its prominent use in the business of banking where customer’s signature thus identified by using this method.

Other Preventive Measures For Cyber Crimes
Prevention is always better than cure. A netizen should take certain precautions while operating the internet and should follow certain preventive measures which can defined as:
  • Identification of exposures through education will assist responsible companies and firms to meet these challenges.
  • One should avoid disclosing any personal information to strangers via e-mail or while chatting.
  • One must avoid sending any photograph to strangers by online as misusing of photograph incidents increasing day by day.
  • An update Anti-virus software to guard against virus attacks should used by all the netizens and should also keep back up volumes so that one may not suffer data loss in case of virus contamination.
  • A person should never send his credit card number to any site that however not secured, to guard against frauds.
  • Parents should keep a watch on sites that their children are accessing, to prevent any kind of harassment or deprivation in children.
  • Web site owners should watch traffic and check any irregularity on the site. It is the responsibility of the web site owners to adopt some policy for preventing cyber crimes as number of internet users are growing day by day.
  • Web servers running public sites must physically separately protected from internal corporate network.
  •  It is better to use a security programmes by the body corporate to control information on sites.
  • Strict statutory laws need to passed by the Legislatures keeping in mind the interest of netizens.
  • IT department should pass certain guidelines and notifications for the protection of computer system and should also bring out with some more strict laws to breakdown the criminal activities relating to cyberspace.
  • As Cyber Crime thus the major threat to all the countries worldwide, certain steps should however taken at the international level for preventing the cyber crimes.
  • A complete justice must provided to the victims of cyber crimes by way of compensatory remedy and offenders to punish with highest type of punishment so that it will anticipate the criminals of cyber crime.

Need of Cyber Law India

Information technology has spread throughout the world. Computer used in every sector wherein cyberspace provides equal opportunities to all for economic growth and human development. As the user of cyberspace grows increasingly diverse and the range of online interaction expands, there is expansion in the cyber crimes i.e. breach of online contracts, perpetration of online torts and crimes etc. Due to these consequences there was need to adopt a strict law by the cyber space authority to regulate criminal activities relating to cyber and to provide better administration of justice to the victim of cyber crime. In the modern cyber technology world its very much necessary to regulate cyber crimes and most importantly cyber laws in India should thus made stricter in the case of cyber terrorism and hackers.

 

Find lawyers in mumbai for issues relating to cyber crimes.

Article Categories:
Cyber crime

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

Leave a Comment

Your email address will not be published. Required fields are marked *

Bitnami