Cyber Laws of India
In Simple way we can say that cyber crime is unlawful acts wherein the computer is
either a tool or a target or both. Cyber crimes can involve criminal activities
that are traditional in nature, such as theft, fraud, forgery, defamation and
mischief, all of which are subject to the Indian Penal Code. The abuse of computers
has also given birth to a gamut of new age crimes that are addressed by the
Information Technology Act, 2000.
We can categorize Cyber crimes in two ways
The Computer as a Target :-using a computer to attack other computers.
e.g. Hacking,Virus/Worm attacks,DOS attack etc.
computer as a weapon :-using a computer to commit real world crimes.
e.g. Cyber Terrorism, IPR violations,Credit card frauds,EFT frauds, Pornography
etc.
Cyber law (also referred to as cyberlaw) is a term used to describe the legal
issues related to use of communications technology, particularly "cyberspace", i.e.
the Internet. It is less a distinct field of law in the way that property or
contract are as it is an intersection of many legal fields, including intellectual
property, privacy, freedom of expression, and jurisdiction. In essence, cyber law
is an attempt to integrate the challenges presented by human activity on the
Internet with legacy system of laws applicable to the physical world.
Cyber Laws in India
Why Cyberlaw in India ?
When Internet was developed, the founding fathers of Internet hardly had any
inclination that Internet could transform itself into an all pervading revolution
which could be misused for criminal activities and which required regulation.
Today, there are many disturbing things happening in cyberspace. Due to the
anonymous nature of the Internet, it is possible to engage into a variety of
criminal activities with impunity and people with intelligence, have been grossly
misusing this aspect of the Internet to perpetuate criminal activities in
cyberspace. Hence the need for Cyberlaws in India.
What is the importance of Cyberlaw ?
Cyberlaw is important because it touches almost all aspects of transactions and
activities on and concerning the Internet, the World Wide Web and Cyberspace.
Initially it may seem that Cyberlaws is a very technical field and that it does not
have any bearing to most activities in Cyberspace. But the actual truth is that
nothing could be further than the truth. Whether we realize it or not, every action
and every reaction in Cyberspace has some legal and Cyber legal perspectives.
Does Cyberlaw concern me ?
Yes, Cyberlaw does concern you. As the nature of Internet is changing and this new
medium is being seen as the ultimate medium ever evolved in human history, every
activity of yours in Cyberspace can and will have a Cyber legal perspective. From
the time you register your Domain Name, to the time you set up your web site, to
the time you promote your website, to the time when you send and receive emails ,
to the time you conduct electronic commerce transactions on the said site, at every
point of time, there are various Cyberlaw issues involved. You may not be bothered
about these issues today because you may feel that they are very distant from you
and that they do not have an impact on your Cyber activities. But sooner or later,
you will have to tighten your belts and take note of Cyberlaw for your own benefit.
Advantages of Cyber Laws
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 is not denied legal effect, validity or
enforceability, solely on the ground that it is 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 been 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.
The 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 be 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.
Cyber laws that everyone using the internet must be aware of
Internet is just like life. It is interesting and we spend a lot of time doing
amusing things here, but it comes with its fair share of trouble. With the
technology boom and easy Internet access across the country, cyber crime, too, has
become a pretty common occurrence. From hacking into computers to making fraudulent
transactions online, there are many ways in which we can become a victim of illegal
cyber activities.
To regulate such activities that violate the rights of an Internet user, the Indian
government has the Information Technology Act, 2000, in place. Here are some of its
sections that empower Internet users and attempt to safeguard the cyberspace.
Section 65 – Tampering with computer Source Documents
A person who intentionally conceals, destroys or alters any computer source code
(such as programmes, computer commands, design and layout), when it is required to
be maintained by law commits an offence and can be punished with 3 years’
imprisonment or a fine of 2 Lakhs INR or both
Section 66 - Using password of another person
If a person fraudulently uses the password, digital signature or other unique
identification of another person, he/she can face imprisonment up to 3 years or/and
a fine of 1 Lakh INR.
Section 66D - Cheating Using computer resource
If a person cheats someone using a computer resource or a communication device,
he/she could face imprisonment up to 3 years or/and fine up to 1 Lakh INR
Section 66E - Publishing private Images of Others
If a person captures, transmits or publishes images of a person’s private parts
without his/her consent or knowledge, the person is entitled to imprisonment up to
3 years of fine up to 2 Lakhs INR or both
Section 66F - Acts of cyber Terrorism
A person can face life imprisonment if he/she denies an authorized person the
access to the computer resource or attempts to penetrate/access a computer resource
without authorization, with an aim to threaten the unity, integrity, security or
sovereignty of the nation. This is a non-bailable offence.
Section 67 - Publishing Child Porn or predating children online
If a person captures, publishes or transmits images of a child in a sexually
explicit act or induces anyone under the age of 18 into a sexual act, then the
person can face imprisonment up to 7 years or fine up to 10 lakhs INR or both
Section 69 - Govt.'s Power to block websites
If the government feel it necessary in the interest of sovereignty and integrity of
India, it can intercept, monitor or decrypt any information generated, transmitted,
received or stored in any computer resource. The power is subject to compliance of
procedure. Under section 69A, the central government can also block any information
from public access.
Section 43A - Data protection at Corporate level
Cyber Crime FAQ
What is Cybercrime ?
When Internet was developed, the founding fathers of Internet hardly had any
inclination that Internet could also be misused for criminal activities. Today,
there are many disturbing things happening in cyberspace. Cybercrime refers to all
the activities done with criminal intent in cyberspace. These could be either the
criminal activities in the conventional sense or could be activities, newly evolved
with the growth of the new medium. Because of the anonymous nature of the Internet,
it is possible to engage into a variety of criminal activities with impunity and
people with intelligence, have been grossly misusing this aspect of the Internet to
perpetuate criminal activities in cyberspace. The field of Cybercrime is just
emerging and new forms of criminal activities in cyberspace are coming to the
forefront with the passing of each new day.
Do we have any one exhaustive definition of Cybercrime ?
There can be no one exhaustive definition about Cybercrime. However, any activities
which basically offend human sensibilities, can also be included in its ambit.
Child Pornography on the Internet constitutes one serious Cybercrime. Similarly,
online pedophiles, using internet to induce minor children into sex, are as much
Cybercriminals as any others.
What are the various categories of Cybercrimes ?
Cybercrimes can be basically divided into 3 major categories being Cybercrimes
against persons, property and Government.
Tell us more information about Cybercrimes against persons ?
Cybercrimes committed against persons include various crimes like transmission of
child-pornography, harassment of any one with the use of a computer such as e-mail,
and cyber-stalking.
The trafficking, distribution, posting, and dissemination of obscene material
including pornography, indecent exposure, and child pornography, constitutes one of
the most important Cybercrimes known today. The potential harm of such a crime to
humanity can hardly be overstated. This is one Cybercrime which threatens to
undermine the growth of the younger generation as also leave irreparable scars and
injury on the younger generation, if not controlled.
Is Cyber harassment also a Cybercrime ?
Cyber harassment is a distinct Cybercrime. Various kinds of harassment can and does
occur in cyberspace, or through the use of cyberspace. Harassment can be sexual,
racial, religious, or other. Persons perpetuating such harassment are also guilty
of cybercrimes. Cyber harassment as a crime also brings us to another related area
of violation of privacy of netizens. Violation of privacy of online citizens is a
Cybercrime of a grave nature. No one likes any other person invading the precious
and extremely touchy area of his or her own privacy which the medium of Internet
grants to the netizen.
What are Cybercrimes against property ?
The second category of Cybercrimes is that of Cybercrimes against all forms of
property. These crimes include unauthorized computer trespassing through
cyberspace, computer vandalism, transmission of harmful programs, and unauthorized
possession of computerized information.
Is hacking a Cybercrime ?
Hacking and cracking are amongst the gravest Cybercrimes known till date. It is a
dreadful feeling to know that a stranger has broken into your computer systems
without your knowledge and consent and has tampered with precious confidential data
and information. Coupled with this , the actuality is that no computer system in
the world is hacking proof. It is unanimously agreed that any and every system in
the world can be hacked. The recent denial of service attacks seen over the popular
commercial sites like E-bay, Yahoo, Amazon and others are a new category of
Cybercrimes which are slowly emerging as being extremely dangerous. Using one's own
programming abilities as also various programmes with malicious intent to gain
unauthorized access to a computer or network are very serious crimes. Similarly,
the creation and dissemination of harmful computer programs or virus which do
irreparable damage to computer systems is another kind of Cybercrime. Software
piracy is also another distinct kind of Cybercrime which is perpetuated by many
people online who distribute illegal and unauthorised pirated copies of software.
What is Cybercrime against Government ?
The third category of Cybercrimes relate to Cybercrimes against Government. Cyber
Terrorism is one distinct kind of crime in this category. The growth of Internet
has shown that the medium of Cyberspace is being used by individuals and groups to
threaten the international governments as also to terrorise the citizens of a
country. This crime manifests itself into terrorism when an individual &"cracks&"
into a government or military maintained website.
Is there any comprehensive law on Cybercrime today ?
Since Cybercrime is a newly specialised field, growing in Cyberlaws, a lot of
development has to take place in terms of putting into place the relevant legal
mechanism for controlling and preventing Cybercrime. As of now, there is absolutely
no comprehensive law on Cybercrime any where in the world. This is reason that the
investigating agencies like FBI are finding the Cyberspace to be an extremely
difficult terrain. These various Cybercrimes fall into that grey area of Internet
law which is neither fully nor partially covered by the existing laws and that too
in some countries
Is there any case which demonstrates the importance of having Cyberlaw on
Cybercrime within the national jurisdictions of countries ?
The case of the virus "I love you" demonstrates the need for having cyberlaws
concerning Cybercrimes in different national jurisdictions. At the time of the web
publication of this feature, Reuters has reported that "The Philippines has yet to
arrest the suspected creator of the 'Love Bug' computer virus because it lacks laws
that deal with computer crime, a senior police officer said". The fact of the
matter is that there are no laws relating to Cybercrime in the Philippines. The
National Bureau of Investigation is finding it difficult to legally arrest the
suspect behind the 'Love Bug' computer virus. As such, the need for countries to
legislate Cyberlaws relating to Cybercrime arises on an urgent priority basis.
What is the approach adopted by US Courts regarding Cybercrimes ?
The courts in United States of America have already begun taking cognizance of
various kinds of fraud and Cybercrimes being perpetuated in Cyberspace. For the
victims of various Cybercrimes, there is no one healing remedy. They can either
file for civil damages or wait for the culprits to be nabbed and then to be tried
under provisions, existing or envisaged which are not comprehensive at all.
However, a lot of work has to be done in this field. Just as human mind is
ingenious enough to devise new ways for perpetuating crime, similarly, human
ingenuity needs to be channelised into developing effective legal and regulatory
mechanisms to control and prevent Cybercrimes.
Why do we need to fight Cybercrime ?
We all must remember that Cyberspace is a common heritage of ours which we have
inherited in our life times from the benefits of ever growing technologies. This
Cyberspace is the lifeline of the entire universe and given its irreversible
position today, it is the duty of every netizen to contribute toward making the
said cyberspace free of any trouble or cybercrime. To rephrase the famous words of
Rabindra Nath Tagore in today's context, "Where the Cyberspace is without fear or
crime and the head is held high, where knowledge is free, where tireless striving
stretches its arms towards perfection, into that cyber heaven of freedom, O my
father, let our humanity awake."
