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CYBER LAW:


Cyberlaw is a much newer phenomenon having emerged much after the onset of Internet. Internet grew in a completely unplanned and unregulated manner. Even the inventors of Internet could not have really anticipated the scope and far reaching consequences of cyberspace. The growth rate of cyberspace has been enormous. Internet is growing rapidly and with the population of Internet doubling roughly every 100 days, Cyberspace is becoming the new preferred environment of the world. With the spontaneous and almost phenomenal growth of cyberspace, new and ticklish issues relating to various legal aspects of cyberspace began cropping up.  

 

In response to the absolutely complex and newly emerging legal issues relating to cyberspace, CYBERLAW or the law of Internet came into being. The growth of Cyberspace has resulted in the development of a new and highly specialised branch of law called CYBERLAWS- LAWS OF THE INTERNET AND THE WORLD WIDE WEB.

Cyberlaw is a generic term  which refers to all the legal and regulatory aspects of Internet and the World Wide Web. Anything concerned with or related to or emanating from any legal aspects or issues concerning any activity of netizens in and concerning Cyberspace comes within the ambit of Cyberlaw.

Copyright: http://www/cyberlaws.net/introduction.htm

 

Snapshot of Important Cyberlaw Provisions in India

 

Offence Section under IT Act

Tampering with Computer source documents

Sec.65

Hacking with Computer systems, Data alteration

Sec.66

Publishing obscene information

Sec.67

Un-authorized access to protected system

Sec.70

Breach of Confidentiality and Privacy

Sec.72

Publishing false digital signature certificates

Sec.73

 

 

NOTE: Sec.78 of I.T. Act empowers Deputy Superintendent Of Police to investigate cases falling under this Act.

Computer Related Crimes Covered under Indian Penal Code and Special Laws

 

Offence

Section

Sending threatening messages by email

Sec 503 IPC

Sending defamatory messages by email

Sec 499 IPC

Forgery of electronic records

Sec 463 IPC

Bogus websites, cyber frauds

Sec 420 IPC

Email spoofing

Sec 463 IPC

Web-Jacking

Sec 383 IPC

E-Mail Abuse

Sec 500 IPC

Online sale of Drugs

NDPS Act

Online sale of Arms

Arms Act




ELEMENTARY PROBLEMS ASSOCIATED WITH CYBER-CRIMES:

One of the greatest lacunae in the field of Cyber Crime is the absence of comprehensive law any where in the World. The problem is further aggravated due to disproportional growth ratio of Internet and cyber laws. Though a beginning has been made by the enactment of I.T. Act and amendments made to Indian Penal Code, problems associated with cyber crimes continue to persist.

Jurisdiction is the highly debatable issue as to the maintainability of any suits, which has been filed. Today with the growing arms of cyber space the territorial boundaries seem to vanish. Thus the concept of territorial jurisdiction as envisaged under S.16 of Cr.P.C. and S.2.of the I.P.C. will have to give way to alternative method of dispute resolution.

Loss of evidence is a very common & expected problem as all the data are routinely destroyed. Further, collection of data outside the territorial extent also paralyses the system of crime investigation.

Cyber Army: There is also an imperative need to build a high technology crime & investigation infrastructure, with highly technical staff at the other end.

A law regulating the cyber-space, which India has done.

Though S.75 provides for extra-territorial operations of this law, but they could be meaningful only when backed with provision recognizing orders and warrants for Information issued by competent authorities outside their jurisdiction and measure for cooperation for exchange of material and evidence of computer crimes between law enforcement agencies.

Cyber savvy judges are the need of the day. Judiciary plays a vital role in shaping the enactment according to the order of the day. One such case, which needs appreciation, is the P.I.L. (Public Interest Litigation), which the Kerala High Court has accepted through an email.

'Perfect' is a relative term. Nothing in this world is perfect. The persons who legislate the laws and by-laws also are not perfect. The laws therefore enacted by them cannot be perfect. The cyber law has emerged from the womb of globalization. It is at the threshold of development. In due course of exposure through varied and complicated issues it will grow to be a piece of its time legislation. 

Copyright: http://www.cidap.gov.in/documents/cyber%20Crime.pdf

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