CyviaJuris

What is Cyber Law? 

Cyber Law is legislation that relates to cyberspace legal issues. It is also referred to as Internet Law, Information Technology (IT) Law, and Cyber Crime Law. It focuses on the regulation of acceptable behaviour while using communication technology, including both hardware and software. In essence, it is a legal system that covers a broad range of topics such as – 

• Intellectual Property – Intellectual property (IP) refers to the intangible creations of a person, while intellectual property rights (IPR) are the rights of the people who have created such property. Due to the growth of the internet, cyber theft of IP has become a common cybercrime. An example of such cyber theft is piracy.
• Data Protection Laws – Data protection refers to the laws, policies, and procedures prescribed by legislation to reduce violation of an individual’s privacy. In India, the Information Technology Act, 2000, and the Indian Contract Act, 1872, contain provisions concerning data protection.  
• Online Privacy and Security – Online privacy refers to the amount of protection an individual has while connected to the internet, including the security available for their data, communications, and transactions.
• Freedom of Expression – While the online world seems to warrant freedom of expression, the sheer volume of the free flow of information requires regulation, which in turn, requires cyber law. 
• E-Commerce and E-Contracts – E-commerce is the buying and selling of goods and services on the internet, and therefore includes the transfer of data and money. This necessitates the legal validity and regulation of e-contracts, which is done through cyber laws.

Cyber law is an attempt to control the use of the online world with the application of laws similar to those in the physical world. It provides the legal framework to deal with cyber crimes, and like any other law, regulates the behaviour of every individual and organisation online. 

According to the Ministry of Electronics and Information Technology of the Government of India, cyber law “provides legal recognition to electronic documents and a framework to support e-filing and e-commerce transactions, and also provides a legal framework to mitigate, check cyber crimes.”

History and Development 

The internet can be understood as a global system of interconnected networks that carry an extensive amount of information, resources, and services. 

The first cyber law, the Computer Fraud and Abuse Act (CFAA), was enacted in 1986 in the United States of America. The objective was to prevent unauthorised access to computers. It described the punishments for doing so, and for performing any other such illegal activity. In 1996, the United Nations Commission on International Trade Law created a model law on e-commerce in order to standardise the legal structure across the globe. 

India was the 12th country to give legal recognition to cyber regulations. The Information Technology Bill was passed in May 2000, and the Information Technology Act came into force in October 2000. This Act granted legal recognition to electronic transactions and communications, and amended the traditional provisions of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Bankers’ Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934, to include all such online transactions and communications. 

According to data from the United Nations in 2019, 72% of countries have cyber laws, 18% do not have any, and 9% have only draft legislation. 

Importance

It is obvious that cyber law is essential to prevent and punish cyber crimes. All actions and behaviours are dictated and regulated by such laws. It is used to maintain law and order in the online world. The importance or advantages of cyber laws can be understood in the following points – 

1. All transactions conducted using the internet fall under the purview of cyber law, and thus must be conducted according to the rules and regulations laid down.
2. If anyone commits a cyber crime, or breaks any cyber law, action can be taken against them based on the type of crime committed, where they reside, who was affected, and where the offence took place.
3. E-commerce can be carried out due to the legal infrastructure and security provided. Transactions and businesses can be carried out online through e-forms, as digital signatures have now been given legal validity.
4. It has provided for e-governance through issue of notifications by Governments online. 

Cyber Law in India

The principal cyber law legislation in India is the Information Technology Act, 2000. The object of this Act is “to provide legal recognition for transactions carried out by means of electronic data interchange, and other means of electronic communication, commonly referred to as ‘electronic commerce’, which involve the use of alternatives to paper-based methods of communication and storage of information; to facilitate electronic filing of documents with the Government agencies.”

The Act lays down penalties for commitment of any cyber crimes, and has established a Cyber Appellate Tribunal to solve disputes related to cyber crimes. 

Several important provision of the IT Act include – 

1. Section 43 – deals with the penalty for any damage or unauthorised usage of a computer or computer system by any person without the consent of the owner, and the compensation to be paid to the owner. 
2. Section 43A – if any body corporate has failed to protect the personal or sensitive data of any person, causing them loss or harm, the body corporate is liable to pay compensation to those affected.
3. Section 65 – whoever tampers with, or causes another to tamper with, computer source documents, is punishable with imprisonment upto 3 years or fine upto 2 lakh rupees or both.
4. Section 66 –  if any person, dishonestly or fraudulently, does any act under section 4, they are punishable with imprisonment upto 3 years or fine upto 5 lakh rupees or both.
5. Section 66A – any person who sends offensive messages or content through communication devices or services is punishable with imprisonment upto 3 years and with fine.
6. Section 66B – any person who dishonestly receives or retains any stolen computer resource or communication device is punishable with imprisonment upto 3 years or fine upto 1 lakh rupees or both.
7. Section 66C – the punishment for identity theft is imprisonment upto 3 years or fine upto 1 lakh rupees or both.
8. Section 66D – any person who cheats by personation by means of any communication device or computer resource is punishable with imprisonment upto 3 years and with fine upto 1 lakh rupees.
9. Section 66E – any person who violates the privacy of another is punishable with imprisonment upto 3 years or fine upto 2 lakh rupees or both.
10. Section 66F – any person who engages in cyber terrorism is punishable with imprisonment which may extend to imprisonment for life.
11. Section 67 – any person who publishes or transmits, or causes to be published or transmitted in the electronic form, any obscene material is punishable on the first conviction with imprisonment upto 3 years and fine upto 5 lakh rupees, and on the second or subsequent conviction with imprisonment upto 5 years and fine upto 10 lakh rupees.

The Indian Penal Code, 1860, contain several provisions that now cover cyber crimes, including the following – 

1. Section 354C – Voyeurism – any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed, is punishable on first conviction with imprisonment not less than 1 year and upto 3 years, and with fine, and on a second or subsequent conviction, with imprisonment not less than 3 years and upto 7 years, and with fine.
2. Section 354D – Stalking – this includes the monitoring of the use by a woman of the internet, email or any other form of electronic communication, and is punishable on first conviction with imprisonment upto 3 years and with fine, and on the second conviction, with imprisonment upto 5 years and with fine. 
3. Section 416 – Cheating by Personation – similar to section 66D of the IT Act, but with different punishment, as given under section 417 of the IPC.
4. Sections 463, 466, 468, 469, 470, 471, 474, 476  – Forgery – the words “false electronic record” have been added after the IT Act, to bring cyber forgeries under the ambit of the IPC.
5. Section 464 – Making False Documentation – the words “false electronic record” and “electronic signature” have been added after the IT Act to cover cyber crimes as well. 
6. Section 500, 501, 502 – Defamation – this includes the printing or sharing of any defamatory information through computer, computer system, or computer network, i.e. on any online platform.

The Companies Act, 2013, prescribes several obligations that must be performed by any company, including attention to cybersecurity and cyber forensics. In this regard, the Companies (Management and Administration) Rules, 2014, confer cybersecurity obligations and responsibilities on companies. 

Conclusion

The rapid and large-scale increase of internet traffic has led to a higher number of cyber crime issues. Human dependence on technology has become a global occurrence, leading to the creation of different cyber laws in different countries and jurisdictions. The punishments also range widely from fines to imprisonment on various issues, making it a challenge to effectively enforce these laws.

Cyber laws across the world need constant refining and upgrading, in order to stay ahead of those who perpetuate cyber crimes. Currently, India has the 2nd largest internet user base of over 560 million people, according to data provided by AIM Research and Jigsaw Academy. This further emphasizes the need for a stronger cybersecurity framework for the country. 

References:

1. “Cyber Law: A Comprehensive Guide For 2021”, 2020, https://www.jigsawacademy.com/blogs/cyber-security/what-is-cyber-law/
2. “Cyber Law”, 2020, https://www.computerhope.com/jargon/c/cyber-law.htm
3. “Career Paths in Information Security: What is Cyber Law?”, 2019, https://online.norwich.edu/academic-programs/resources/cyber-law-definition
4. “Cyber Law (IT Law) in India”, 2019, https://www.geeksforgeeks.org/cyber-law-it-law-in-india/
5. “Cybersecurity Laws In India”, 2020, https://www.appknox.com/blog/cybersecurity-laws-in-india
6. “All You Need To Know About Cyber Laws In India”, 2017, https://blog.ipleaders.in/need-know-cyber-laws-india/