Oct 26, 2017
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Cyber law and Ethics

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This article talks about Cyber law and Ethics in India and also measures and other preventative measures for Cyber Crimes in India.

The increase in Internet traffic has led to a higher proportion of legal issues worldwide. Because cyber law and ethics vary by jurisdiction and country, enforcement is challenging, and restitution ranges from fines to imprisonment.

Cyber law and Ethics

Meaning of Cyber Law

Cyber law is also known as Cyber Law or Internet Law. Cyber law India is the area of law that deals with the Internet’s relationship to technological and electronic elements, including computers, software, hardware and information systems (IS).

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 consider 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.

Ethics

Ethics though viewed from two angles, normative and prescriptive. First, ethics refers to well-based standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, and specific virtues. Ethics, for example, refers to those standards that impose the reasonable obligations to refrain from rape, stealing, murder, assault, slander, and fraud. Ethical standards also include those that enjoin virtues of honesty, compassion, and loyalty. And, ethical standards include standards relating to rights, such as the right to life, the right to freedom from injury, the right to choose, the right to privacy, and right to freedom of speech and expression. Such standards although consider as adequate standards of ethics because they however supported by consistent and well founded reasons.

Secondly, ethics refers to the study and development of personal ethical standards, as well as community ethics, in terms of behaviour, feelings, laws, and social habits and norms which can deviate from more universal ethical standards. So it is necessary to constantly examine one’s standards to ensure that they are reasonable and well founded.

Ethics also means, then, the continuous effort of studying of our own moral beliefs and conduct, and striving to ensure that we, and our community and the institutions we help to shape, live up to standards that are reasonable and solidly-based for the progress of human beings.

Cyber Ethics

Ethics and morality in different circumstances connotes varied and complex meanings. Each and everything which then opposed to public policy, against public welfare and which may disturb public tranquility maybe termed immoral and unethical.

The world of Internet today has become a parallel form of life and living. Public are now capable of doing things which were not imaginable few years ago. The Internet is fast becoming a way of life for millions of people and also a way of living because of growing dependence and reliance of the mankind on these machines. Internet has enabled the use of website communication, email and a lot of anytime anywhere IT solutions for the betterment of human kind.

Internet, though offers great benefit to society, also present opportunities for crime using new and highly sophisticated technology tools. Today e-mail and websites have become the preferred means of communication. Organizations provide Internet access to their staff. By their very nature, they facilitate almost instant exchange and dissemination of data, images and variety of material. This includes not only educational and informative material but also information that might be undesirable or anti-social.

Regular stories featured in the media on computer crime include topics covering hacking to viruses, web-jackers, to internet pedophiles, sometimes accurately portraying events, sometimes misconceiving the role of technology in such activities. Increase in cyber crime rate has documented in the news media. Both the increase in the incidence of criminal activity and the possible emergence of new varieties of criminal activity pose challenges for legal systems, as well as for law enforcement.

Impact of Cyber crime on cyber law and ethics in 21st century

Cyber crime, hacking, ‘cyber-ethics’ etc. is an addition to the crimes in today’s era. Hence we need to evolve a ‘cyber-jurisprudence’ based on which we can evaluate and criticize ‘cyber-ethics’. The right to freedom of belief thought and expression which considered as basic principals envisaged in our constitution. The freedom of press also a guaranteed right provided by our constitution.

Further the constitution also guarantees right to information and as such the citizens have the fundamental right to know what is happening around them. But on the other hand our constitution guarantees the right to privacy, though not an expressed fundamental right the courts in India have taken a lead and have recognized it as a fundamental right. Every man has some penumbral zones of privacy, which cannot infringed upon even by the State. It can further contended that the right to life has also infringed upon as right to life envisages right to life with human dignity. As this publication has damaged the political person of the leaders.

Although a guideline is needed in relation to cyber law and ethics i.e to stop the current technology products from being exploited for example replicating original CDs and selling them as pirated software, this unethical behaviour can be controlled by the code of conducts.

There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise. Internationally, both governmental and non-state actors engage in cyber crimes, including espionage, financial theft, and other cross-border crimes. Activity crossing international borders and involving the interests of at least one nation’s state thus sometimes referred to as cyber welfare.

Measures To Curb The Crime under Cyber Law and Ethics

Though by passage of time and improvement in technology due to Cyber Law and Ethics thus made technology easier and user friendly for the consumers so make 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.

Cyber Law and Ethics includes few basic prominent measures to curb cyber crimes and 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 be 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.

 

 

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.

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