Cyber law is the Law governing cyber space.
- Cyber Space is a very wide term and includes computers, networks, software ,storage devices(such as hard disks, USB disk),the internet, websites, emails, and even electronic devices such as cellphone ,ATM machines etc.
Cyber law encompasses :
- Cyber law encompasses Law related to
- Cyber crimes
- Electronic and Digital signature
- Intellectual Property
- Data Protection and privacy
Category of cyber crimes:
Cyber crimes against Persons: Cyber crime committed against persons include various crime like harassment of anyone with the use of computer by email.
Cyber crimes against Property:
Computer vandalism (destruction of others’ property) ,Transmission of harmful programmes, siphoning of funds from monetary establishments,stealing secret info and knowledge.
Cyber crimes against Government:
- Cyber terrorism is one distinct reasonably crime in this category
- The medium of cyber space is used by individuals and groups to threaten the governments and also to terrorize the citizens of country.
- This crime manifests into terrorism when an individual cracks into government or military maintained website.
Electronic Signature:
- Electronic Signature is used to authenticate electronic records.
- digital signature is one of the type of Electronic signatures.
- Digital signature satisfy major three requirements
- Signer Authentication
- Message authentication
- Message Integrity
Intellectual Property :
Intellectual Property refers to creation of human mind such as story, song, painting, design etc. The facets of Intellectual Property that relates to cyber space are covered by Cyber Law.
- Copyright Law in relation to computer software, source code ,websites ,cellphone content etc.
- Licensing in terms of software and source code.
- Trademark Law in relation to Domain names ,framing linking etc.
- Semiconductors Law which relates to the protections of semiconductor integrated circuit design and layout.
- Patent Law related to computer hardware and software. etc
Data protection and Privacy:
- Data Protection and Privacy Laws purpose to attain a good balance between the Privacy Rights of individual and therefore the interest of data controller like banks, hospitals, email service suppliers etc.
- These Law addresses the Challenges to the Privacy caused by collecting ,storing and transmitting data using new Technologies.
IT Act of India, 2000
- Information Technology Act ,2000(IT Act) is the primary source of cyber Law in India
- The main purpose of Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government. Information Technology Act , 2000 consisted of Ninety four (94)sections classified into 13 chapters. Four schedules form the part of the Act.
- Set of pattern, some rules and guidelines which defines the certain business activities go through internet (legal and certain illegal) and hence punishable is defined by Cyber laws.
- The IT Act 2000, which is the cyber law of India , provides the legal framework so that information is not denied legal effect, validity or enforce ability, solely in the form of electronic records.
- One cannot regard government as complete failure in shielding various e-commerce activities on the firm basis of that this trade has to its skies, then again the law cannot be regarded as free from ambiguities.
Example:-
MMS creation case within which the chief executive officer of bazee.com(an Ebay Company) was in remission for allegedly commerce the MMS clips involving faculty youngsters on its web site.
The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes :
- The E-commerce industry carries out its business via transactions and communications done through electronic records. It therefore becomes essential that such transactions be created legal .Keeping now within the thought, the IT Act 2000 empowers the govt. departments to just accept filing, making and retention of official documents within the digital format.
- The Act legalizes the e-mail and provides it the standing of being valid kind of winding up communication in India.This implies that e-mails can be duly produced and approved in a court of law , thus can be a regarded as substantial document to carry out legal proceedings
- The act conjointly talks concerning digital signatures and digital records .These are conjointly awarded the standing of being legal and valid means will kind robust basis for launching proceeding in a court of law.It invitations the company firms within the business of being Certifying Authorities for supply secure Digital Signatures Certificates.
- Also the law sets up the Territorial Jurisdiction of the Adjudicating Officers for cyber crimes and also the Cyber laws appellant court.
- The law has conjointly set pointers for providing net Services on a license on a non-exclusive basis.
India’s Right to Information act is being challenged by questions of privacy protection.
In September 2013, India’s President Pranab Mukherjee spoke regarding the inviolable right to privacy that citizens of India must enjoy, at the annual event of the Central Information Commission (CIC), constituted) by India’s Right to Information Act, 2005.
Both the Act and the CIC have empowered ordinary citizens to submit applications requesting information from government bodies, injecting a new phase of transparency in an infamously opaque bureaucracy.
Many countries across the world that have enacted national RTI Acts even have privacy laws that fastidiously spell out the bounds to that info concerning people is disclosed.
In general, info concerning personal life, generally together with medical info, is exempt from RTI.
The World Bank Institute discharged a paper that describes RTI and privacy as “two sides of a similar coin, essential human rights in modern information society”.
It additionally goes on to feature that, “privacy laws may be accustomed get information within the absence of RTI laws and RTI may be accustomed enhance privacy by revealing abuses,” which each are designed accountability.
India doesn’t have a privacy law in straight right now, what ought to be within the law has attracted substantial discussion.
Therefore, the contours of privacy within the RTI gambit have resulted from varied selections and court orders given over the years
Free expression and privacy in the digital age:
In the nowadays, virtually each act on-line is an act of expression.
Participating in an internet chat, networking with friends and colleagues, and surf-riding websites and reading news, downloading files,these are acts of transmission or accessing information.
In online interactivity, there is content generated and stored, some of which is publicly available, most of which is among-st select individuals and groups.
These acts also generates transactional information, and can be monitored by unintended parties.Resulting, each act of expression is currently noticeable to communications suppliers.Some States speak out in favor of its protection and admonish those who do not support it in the modern era, and in particular for the internet.
IT amendment Act, 2008
ITA 2008 ,as the new version of Information Technology Act 2000, has provided additional focus on Information Security . Several new sections is added on offences including Cyber Terrorism and Data Protection . The Information Technology amendment Act 2008(IT Act 2008) has been passed by parliament on 23rd December 2008 came into force October 27 ,2009 onward.
This new amendments act to the Information Technology Act, 2000 which was passed by the Lok Sabha. There are a number of positive developments, as well as many which dismay. They gives signal of an attempt by the government to create a dynamic policy that is technology neutral. This is exemplified by its embracing the idea of electronic signatures as opposed to digital signatures.
reference:
http://cyberlawsindia.net/2sides.html
http://cyfy.org/india-right-to-information-and-privacy-two-sides-of-the-same-coin/
http://www.gov.ph/2012/09/12/republic-act-no-10175/