While the words cyberlaw, security, cyberspace are in daily news and headlines, what exactly is cyber is the question we are going to answer first. Cyber is generally related to technology, computer-generated information and virtual reality. Cyberspace specifically refers to the virtual network where people communicate. Cyberspace has aided easy communication to take place across the world. It is composed of large computer networks which have many sub-networks. These follow the TCP or IP protocol.
Over time cyberspace has taken over reality. People have shifted to virtual reality and exist there most of the time. People are connected in cyberspace, they exchange information, data, perform transactions and communicate with each other through this cyberspace. Since people have become so dependent on such space, the fraudulent population has also crept into such a space to fulfil their malicious motives.
The fraudulent activities to deceive users/ people/organizations in cyberspace is called a cyber attack. Cyber-attacks have become increasingly common in today’s world. Attackers have launched campaigns to cheat, intervene, decipher and misuse data. They do it through methods of Malware, Phishing, Man-in-the-Middle Attack, Distributed denial of service ( DDoS), Smurf attack and other types of attacks.
Therefore, it has become very essential to protect the data of users and any kind of potential harm that could be caused in this virtual reality. Cyberlaw plays an important role in protecting the rights of the people in cyberspace and aids in preventing criminal activities on a large scale.
In India, cyber laws are a part of the larger gamut of the prevalent legal framework. There is no quintessential cyber law as such in India, but to look into cyberspace matters professionals use in conjunction laws like intellectual property law, privacy law, and contract law. Cyberlaw oversees the e-commerce transaction, circulation of information, information technology, software and monetary activity.
Cybercrime can be committed by any individual, group or organization. And whoever breaks the cyber law the account which they are using will be blocked, banned or suspended and the internet protocol (IP) will also be blocked.
Cybercrimes can be committed against a person and examples of that would be, cyberstalking, privacy infringement, impersonation, the transmission of obscene material, harassment with the use of any information or use of a computer. Cyber-crime against property could be done through unauthorized technology/ computer trespassing, computer vandalism, copyright, stealing of private information, siphoning of funds etc. Cybercrime against the government would be by hacking government websites, cyber terrorism, computer viruses, and cyber extortion.
Information Technology Act, 2009
This Act governs most of the cyber legislation in India. It secures the ever-growing e-commerce activities at the same time it makes it easier for the government to register real-time information. This act also emphasizes severe sanctions and penalties for safeguarding e-governance sectors, e-banking and e-commerce. It also directs the legislature and the executive to stringently regulate cybercrime.
Indian Penal Code, 1980
Crimes remain constant even though the mode of committing them might change. In the premise of cyberspace crimes like theft, forgery, fraud, defamation and mischief takes place. These crimes have their penal punishment stated in the Indian Penal Code. Therefore, we use both the Information Technology Act and Indian Criminal Law to define crimes like theft and fraud as cyber scams.
Company Act, 2013
The latest amendment in this act ensured that has it does not only introduce Serious Fraud Investigation Office (SFIO ) and gave it the power to prosecute Indian companies and their directors but also following the publication of the company’s investment, and inquiry rules 2014, the SFIO had become more sten and proactive in cyber security regard. The legislation has under its umbrella ensured all regulatory compliances, including cyber security, cyber forensics and e-discovery. e legislation has ensured that all regulatory compliances, including cyber forensics, e-discovery, and cyber-security diligence. In the Companies (Management and Administration) Rules of 2014, requirements have been made about the roles and responsibilities of all company directors and leaders in verifying cyber-security.
The cyber-security framework which is authorized by the national institute of standards and technology (NIST) has emerged as the most reliable global certifying body that offers a harmonized approach to Cyber- Security. It encompasses all the required guidelines, practices and standards that are best to manage cyber-related risks and encourages flexibility.
The information technology act was last revised in 2008, and ever since then, there has been a dramatic change in the world of the internet. After the pandemic, there has been a great shift to virtual reality. Along with that cybercrime, the rate is increasing by the day. Its menace is spreading across the globe. Nature and potential can be extremely devastating on a global scale. To avoid dire consequences, we need to be updated on what’s happening on the web, regularly modify the framework and laws.