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CYBER CRIME AND
CYBER LAW

By: Amrita Sachidanandan, Advocate

Introduction

Over the past few decades, the world has changed at a rate that has never before been seen. Although technological developments are unavoidable, the speed at which they are occurring is unprecedented. The rapid growth of the internet is the cause of these rapid changes. The way we live has changed dramatically as a result of the growing number of computers and mobile devices that are connected to one another over the Internet. Every aspect of human existence has been affected, including how people communicate with one another and with computers, how people interact with the government, how individuals conduct financial transactions, and how the market economy is developing. The cyber world has created new difficulties as well as new dimensions and capacities.

The rapid growth of electronic commerce has increased the demand for dynamic and functional regulatory frameworks that would strengthen the existing legal framework, which is essential to the success of electronic commerce. All of these regulating frameworks and legal systems fall under the purview of cyber law. Because it affects practically all areas of transactions and activities involving the Internet, the World Wide Web, and cyberspace, cyber law is crucial. In cyberspace, every action and response has a legal and cyber legal component.

CYBER LAW ENCOMPASSES LAWS RELATING TO:

  • Cybercrimes
  • Electronic and digital signatures
  • Intellectual property
  • Data protection and privacy

WHAT IS CYBER CRIME?

Cybercrime, which includes everything from electronic theft to denial-of-service attacks, is a broad term used to describe criminal activities in which computers or computer networks are a tool, a target, or a location. It’s a catch-all phrase for crimes like phishing, credit card fraud, bank robbery, illegal downloading, industrial espionage, child porn, kidnapping minors through chat rooms, scams, cyber terrorism, production and/or distribution of viruses, spam, and more. It also encompasses conventional crimes where illegal behaviour is made possible by computers or networks. Cybercrime is on the rise, and today it’s popular to hack into other accounts to exact revenge or to make money by making phoney phone calls.

HOW DO CYBERCRIMES WORK

Anywhere there is digital data, opportunity, or motivation, cybercrime can start. Cybercriminals exist in a wide variety of forms, from a single user who engages in cyberbullying to state-sponsored attackers. Cybercrime is, in many ways, a scattered phenomenon; it does not occur in a vacuum. Cybercriminals use a number of methods of attack to execute their cyberattacks, and they are constantly searching for new strategies to accomplish their goals without being discovered or caught. Cybercriminals frequently employ malware and other sorts of software, but social engineering is typically a crucial step in the execution of the majority of cybercrimes. Phishing emails are a critical part of many types of cybercrime, but they’re particularly important in targeted attacks like business email compromise, in which an attacker poses as the company owner via email to convince employees to pay fictitious invoices.

NEED FOR CYBERCRIME

The world is becoming more and more digitally advanced, and so are the crimes in today’s technologically advanced society. The Internet was initially created in an unregulated manner as a tool for study and information sharing. With the development of e-business, e-commerce, e-governance, and e-procurement, among other things, it became more and more transactional over time. Cyber laws address every legal issue relating to online crime. The demand for cyber laws and their implementation has accelerated along with the growth in internet users.

CYBER LAWS IN INDIA

The globe is growing more and more connected due to technology, and The Information Technology Act, 2000 (“IT Act”), which came into effect on October 17, 2000, contains the legislation governing cyberspace in India. The major goals of the Act are to make electronic trade legal and to make it easier to file electronic records with the government. Even with the most compassionate and liberal interpretation, the existing laws of India could not be interpreted in light of the urgency of cyberspace to embrace all aspects relating to various activities in cyberspace. In fact, if the existing rules were to be construed in the context of developing cyberspace without adopting new cyber laws, practical experience and wise judgement found that it shall not be without significant hazards and traps. Therefore, it is necessary to pass pertinent cyber legislation.

CONCLUSION

In conclusion, even if a society free of crime is ideal and simply a fantasy, laws should always be put in place to keep crime rates as low as possible. Crime based on electronic law-breaking is sure to rise, especially in a society that is becoming more and more reliant on technology. To combat this, lawmakers must go above and beyond what impostors are willing to do.

Technology is always a two-edged sword that can be employed for either good or harmful purposes. Steganography, Trojan Horse, scavenging, and even DoS or DDoS are all technologies and aren’t in and of themselves illegal, but if they fall into the hands of someone with bad intentions who want to abuse or exploit them, they are added to the category of cybercrime and are then crimes that can be prosecuted.

In order to ensure that technology develops in a healthy way and is utilised to grow legal and ethical businesses rather than to commit crimes, rulers and law makers should work tirelessly to achieve this. It should be the responsibility of the three parties involved, i.e., the authorities, authorities, legislators, and agents. ii) Internet or network service providers, banks, and other intermediaries; iii) users, who should take responsibility for information security by performing their individual roles within the allowed parameters and ensuring compliance with local laws.