CYBER LAWS BY YOGYA BHATIA@LexCliq

CYBER LAWS

The computer-generated world of internet is known as cyberspace and the laws in this area are known as Cyber laws and all the users of this space come under these laws as it carries a worldwide jurisdiction. Cyber law can be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet. Any offence or crime in which a computer is used is a cyber-crime. Cyber law includes laws relating to:

  • Cyber crimes
  • Electronic and digital signatures
  • Intellectual property
  • Data protection and privacy

Categories of Cyber Crime

  1. Cybercrimes against persons
  2. Cybercrimes against property
  3. Cybercrimes against government
  4. Against a Person

# Cyber stalking

# Impersonation

# Loss of Privacy

# Transmission of Obscene Material

# Harassment with the use of computer

  1. Against Property

# Unauthorized Computer Trespassing

# Computer vandalism

# Transmission of harmful programs

# Siphoning of funds from financial institutions

# Stealing secret information & data

# Copyright

  1. Against Government

# Hacking of Government websites

# Cyber Extortion

# Cyber Terrorism

# Computer Viruses

Some Other Crimes

# Logic Bombs

# Spamming

# Virus, worms, Trojan Horse

# E-Mail Bombing

# E-Mail abuse etc.

Need for cyber laws-

All legal issues related to internet crime are dealt with the help of cyber laws. As the number of internet users is on the rise, the need for cyber laws and their application is also rising.

Importance of Cyber Laws

We are living in highly digitalized world.

All companies depend upon their computer networks and keep their valuable data in electronic form.

Government forms including income tax returns, company law forms etc are now filled in electronic form.

Consumers are increasingly using credit cards for shopping.

Most people are using email, cell phones and SMS messages for communication.

Since it includes all the aspects of transactions and activities concerning the Internet, the World Wide Web and Cyberspace therefore Cyber law is extremely important.

Cyber Laws in India-

In India, cyber laws are mentioned in the Information Technology Act, 2000 which came into force on October 17, 2000. The main purpose of the Act is to provide a legal framework to electronic commerce and to facilitate filing of electronic records with the Government. The existing laws of India, even with the most liberal interpretation could not be interpreted according to the emergency cyberspace, to include all aspects relating to different activities in cyberspace. None of the existing laws give any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email id not in our country. There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As such the need has arisen for Cyber law.

 

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