Cyber Law

WHAT IS CYBER LAW?

Cyber Law or IT Law is referred to as the Law of the Internet. The Cyber law definition says it is a legal system designed to deal with the Internet, computing, Cyberspace, and related legal issues. The apt introduction to Cyber law is: it is ‘paper laws’ in the ‘paperless world’.

Cyber law encompasses aspects of intellectual property, contract, jurisdiction, data protection laws, privacy, and freedom of expression. It directs the digital circulation of software, information, online security, and e-commerce. The area of Cyber law provides legal recognition to e-documents. It also creates a structure for e-commerce transactions and e-filling. Hence, to simply understand the Cyber law’s meaning, it is a legal infrastructure to deal with Cyber crimes.

THE IMPORTANCE OF CYBER LAW

Now the question arises, what are Cyber law and its importance? The importance of Cyber law can be understood by the following points:

• It dictates all actions and reactions in Cyberspace.
• All the online transactions are taken care of.
• All online activities are under watch by the Cyber law officials.

WHY IS CYBER LAW REQUIRED?

Now you must be thinking why do we need Cyber law?  Just like any other law, Cyber law consists of rules that dictate how people and companies should use the internet and computers. While other rules protect people from getting trapped into Cyber crime run by malicious people on the internet. So, the prime need of Cyber law is to maintain law and order during online activities.

If somebody is found breaking rules or Cyber laws, the victim person/firm can take action against that person or make them awarded a punishment.

FEATURES OF CYBER LAW

The Cyber law IT act 2000 came into consideration on 17^th October 2000 to deal with e-commerce and Cybercrime in India. Eager to know Cyber law comes under which list of Indian Constitution? Cyber law came into existence after the making of the Indian Constitution. So, it is a residuary subject handled by Central Government and is not included in the three lists namely, Union, State, and Concurrent. According to the act following is the list of features of Cyber law:

• All the electronic contracts made via secure electronic channels are valid legally.
• There are security measures in place for e-records and digital signatures.
• The Cyber law act defines a process for the appointment of an adjudicating officer for carrying out inquires.
• The IT law act provides recognition for digital signatures legally. Also, the digital signatures are obligated to use asymmetric cryptosystem and a hash function.
• The senior police officials and other officials are authorized to search any public case without a warrant.
• There is a provision in the act to establish a Cyber Regulatory Appellant Tribunal. This tribunal handles appeals made against the final order of the Adjudicating Officer or the Controller. But an appeal against the tribunal’s order can only be made in the High Court.
• There is also a provision in the act to form a Cyber Regulations Advisory Committee that will advise the Central Government and the Controller.
• The nature of the Cyber law act even applies to online crime or offenses that are committed outside India.
• There is also a provision to form the Controller of Certifying Authorities which licenses and regulates working of the Certifying Authorities. All the digital signatures are stored by the Controller in such a case.

OBJECTIVES OF CYBER LAW

Cyber law came with the major objective to maintain law and order in all kinds of online activities and reduce Cybercrime. There are other objectives of Cyber law as well. These will help you explain Cyber law better. These are:

• Unlike paper-based communication, the legal recognition of all the transactions via electronic media whether data or e-commerce is granted by the Cyber law.
• Digital Signatures became legal only due to the introduction to Cyber law.
• One of the biggest advantages of Cyber law is that it facilitates the e-filling of documents with Government departments and agencies.
• It also grants legal sanctions and also allows electronic fund transfer between financial institutions and banks.
• It also legally recognizes the bankers to keep the books of accounts in electronic form.

TYPES OF CYBER LAW

Now let us discuss what are the types of Cyber law? The law has rules dictating behavior while using computers and the internet. It also prevents unscrupulous activities online. Some major types of Cyber law are:

• Copyright: These days’ copyright violations come under Cyber law. It protects the rights of companies and individuals to get profit from their creative work. In earlier days, online copyright violation was easier. But due to the introduction of Cyber law, it has become difficult to violate copyright. Which is very good!
• Defamation: Generally, people use the internet to speak out their minds. But in case of fake public statements on the internet that are bound to hamper someone’s business and reputation that is when defamation law comes into the picture. Defamation Laws are a kind of civil law only.
• Fraud: What is Cybercrime law? The major motive of this law is to protect people from online fraud. Consumers these days depend on Cyber law to prevent online fraud. IT law prevents credit card theft, identity theft, and other money-related crimes that are bound to happen online. People who commit online fraud face state criminal charges. They may also witness a civil action by the victim.
• Harassment and Stalking: Some statements made by people can violate criminal law that refuses stalking and harassment online. When somebody posts threatening statements repeatedly about somebody else, this violates both criminal and civil laws. Cyber lawyers fight and defend people when online stalking occurs.
• Freedom of Speech: The internet is used as a medium of free speech. But there are laws to avoid free speech that may cause immorality online. Cyber lawyers should advise their clients about the amount of free speech allowed online. Sometimes the Cyber lawyers fight cases for their clients where they debate whether their client’s actions are within the permissible limit of free speech.
• Trade Secrets: Businesses depend on Cyber laws to preserve their trade secrets. For example, some organizations might steal online algorithms or features designed by another firm. In this case, Cyber laws empower the victim organization to take legal action to protect its secrets.
• Contracts and Employment Laws: You might have agreed upon many terms and conditions while opening a website or downloading some software. This is where the Cyber law is used. These Terms & Conditions are designed for online privacy concerns.  

In last

You must now be aware of what is the definition of Cyber law and why do we need Cyber law. Advantages: The organizations are now capable to handle e-commerce transactions using the legal infrastructure designed by the law. The law easily addresses issues of security and enables successful electronic transactions. The response time of any business deal is reduced considerably due to the storage of valid digital signatures.  In short, the IT law has made our life simpler online but it advises us to stay vigilant always!