CYBER LAW AND ITS EVOLUTION. BY:- ARSHITA SINGH & MUSKAN SANGANERIA. :- LLM. (2024-2025)
What is Cyber Law? To have a better understanding of Cyber Law… Let’s, first dive into the basics of Cyber World, Cyber Space and Cyber Crimes to clearly know the dire need of Cyber Law in today’s generation .
1. What is Cyber World? Cyber world often referred to as the world of technology, is a global network of interconnected computers and digital networks that has completely transformed the way we live, work, and communicate. It is basically the internet, where billions of gadgets are connected to share information, conduct business, and strengthen interpersonal relationships. Websites, social media platforms, online games, and a massive amount of data are all part of this digital environment.
2. What is Cyberspace? Cyberspace is defined as a virtual and dynamic environment comprised of electronics and communication devices over various networks to store and utilize electronic data. The primary purpose of creating cyberspace is to share information and communicate across the globe. Cyberspace network devices include personal computers and servers, supercomputers and grids, sensors, and transducers, etc.
C yber Crime refers to all those illegal or criminal activities that are committed through computer & internet space in the cyberspace environment. Covering a wide range of illegal activities those are committed online or digitally. These crimes are often aimed at exploiting digital technology for financial gain, causing harm to others disrupting digital systems, or even breaching the national security. With activities like: Hacking, Online Fraud, Identity Theft etc.
C Y B E R L A W
NEED FOR CYBER LAWS: To Cover Under a Defined Legal System
To Protect the Rights and Privacy of People and Businesses To Provide Cybersecurity
To Provide Legal Validation to E-Commerce and Contracts
To Provide Legal Validation to Digital Signatures and Authentication
To Protect the Intellectual Property Rights .
To Provide Protection to Online Defamation and Cyberbullying
To Regulate Online Content
To Resolve the Issues of Jurisdiction and Cross-Border Problems To Provide National Security
To Promote E-Governance To Provide Consumer Protection THUS, GOVERNMENT INTRODUCED SEVERAL CYBER LAWS.
FIRST EVER CYBER LAW: The very first Cyber Law to exist was the COMPUTER FRAUD AND ABUSE ACT (1986). Currently, there are several cyber laws around the world, and the penalties, punishments, and regulations vary to an extent.
Evolution of Cyber Law: The inception of Cyber Law in India can be traced back to the late 1990’s when the necessity for internet regulation became apparent. In mid-July 1998, the Department of Electronics took the initial step by drafting the Bill. However, it wasn’t introduced in the House until December 16, 1999 ; following the establishment of a New IT Ministry. Finally; the Ministry of Law & Company Affairs vetted the joint draft, leading to its approval by the Union Cabinet on May 13, 2000.
ENACTMENT: Finally, being officially enacted on October 17, 2000; the Bill became to be known as the IT ACT, 2000.
TYPES OF CRIMES THAT CYBER LAW DEALS WITH: CYBER CRIMES: The type of crimes that are committed over the cyberspace by using computer systems & internet, are categorized as Cybercrimes. ELECTRONIC & DIGITAL SIGNATURES: As now most of the official works are done electronically and to validate these official works and documents, electronic signatures are used as they are valid and acceptable sign of respective sign and authority. INTELLECTUAL PROPERTY: It refers to all those types of Property which are the creation of human mind; such as invention, story, designs, poems etc. DATA PROTECTION & PRIVACY: It refers the data specifically created and stored in the computers system. There are various types of personal and professional data that need to be protected.
Evolving Technologies in Cyber Space:- Various Technologies are evolving in Cyberspace Communication network. They are as follows: Artificial Intelligence (AI). Machine Learnings. Internet of Things. Quantum Computing. Blockchain Technology. Encryption Technology.
Accompanying the IT Act are several critical regulations and rules that further shape the landscape of cyber law in India: Information Technology (Certifying Authorities) Rules, 2000: These rules lay down the criteria for the appointment and functioning of Certifying Authorities, which are responsible for issuing digital certificates needed to authenticate electronic records and transactions. Information Technology (Certifying Authority) Regulations, 2001: Enforced from July 9, 2001, these regulations set forth the technical standards and operational procedures for Certifying Authorities, ensuring the security and reliability of digital certifications. Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004: These rules provide a legal framework for the electronic filing of documents with government agencies and the issuance of licenses, facilitating smoother, paperless transactions with the government. Information Technology (Security Procedure) Rules, 2004: Effective from October 29, 2004, these rules define the procedures to ensure the security and integrity of digital signatures and electronic records. The Indian Penal Code (as amended by the IT Act) : Though amendment, many of the cybercrimes are also covered under the Indian Penal Code; such as forgery of electronic records, cyber frauds, destroying electronic evidence etc. Indian Evidence Act (as amended by the IT Act) : Through amendment, the Indian Evidence Act also covered various (relevant) digital data and information as admissible evidence. CYBER LAWS IN INDIA
Recent Developments: IT Rules 2021:- Continuing to adapt to the changing landscape, the Indian Parliament introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules further refine the framework for digital media, emphasising: R egulation of Social Media and Intermediaries: The rules require social media intermediaries to establish grievance redressal mechanisms and take down content that violates specified guidelines. Digital Media Oversight: Provisions for the regulation of digital news media and OTT platforms to ensure adherence to ethical standards. Enhanced Cybersecurity Measures: Emphasis on increased cybersecurity measures to protect data and penalise breaches.
“ There's no silver bullet with cybersecurity; a layered defense is the only viable option .” — James Scott. THANK YOU!! Quotes for illustration purposes only