Cyber Laws in India

The evolution and network gave rise to cyberspace which controls and manages to provide equal opportunities and facilities to all the people to access any kind of information. Due to the gradual increase of the internet abusage of technology is broadening gradually which tends to cybercrimes. Cybercrime is an unlawful act that leads to criminal activity. Cyber Security, is a mechanism by which computer information is protected from unauthorized and illegal access. This paper illustrates and focuses on cybercrime, its impact on society, types of threats, and cyber security.

Nowadays Computer crime issues and thefts have become tremendously high-profile, particularly those surrounding copyright infringement, hacking, child pornography, child grooming, and spoofing.

Introduction

Often in the context of a business or other enterprise’s IT body. The Technology manly growth in The use of computers is not limited to established institutions or organizations but is available to every individual at the swipe of a finger. IT has eased out almost every humanized action.

The unparalleled use of the internet in our day-to-day lives also led to the commencement of misuse of the internet like data theft, illegal personal, and interference with privacy, cybercrimes. Computer crime can be summarized as a criminal activity that involves information technology infrastructure, in addition to unauthorized access, illegal interception, any data interference, computer or systems interference, abusage of devices, forgery, blackmail, embezzlement, and some electronic fraud. There exit privacy issues whenever any confidential information or data is hijacked or lost, either lawfully or otherwise. Cybercrime cells are there in states basically to handle these crimes and to expel or punish the netizens or criminals committing any cybercrime.

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It ranges from theft of an individual’s identity to the entire disruption of a particular country’s Internet and network connectivity due to massive attacks across its networking resources. In this digital age, online communication now become a norm, and the internet users and the government are at an enlarged risk of becoming the bull’s-eye of cyberattacks. Cybercrime can cause harm to any organization Hacking the ATM password, transferring the money by hacking the bank account details of the victim’s account to theirs, and some pornography issues are some of the thefts that are handled by educated people. There is an urge to implement some of the rules and regulations, to tackle and handle these crimes governing cyberspace particularly known as Cyber laws Cyber security requires global cooperation to deal with the security of cyberspace. It protects computer equipment, resources of computer or system, information, and data from any unauthorized access and disclosure. During this paper, different kinds of attacks and threats are overviewed. Every attack is described firmly, category of hackers is also reviewed. In section II, cybercrime is detailed along with its two classifications of forms of crimes.

Need for cyber law

In – The Internet was initially developed as a research and information sharing tool and was in an unregulated manner. As time passed by it became more transactional with e-business, e-commerce, e-governance, e-procurement, etc. All legal issues related to internet crime are dealt with through cyber laws. As the number of internet users is on the rise, the need for cyber laws and their applications has also gathered great momentum.

In today’s highly digitalized world, almost everyone is affected by cyber law. For example:

• Almost all transactions in shares are in Demat form.
• Almost all companies extensively depend upon their computer networks and keep their valuable data in electronic form.
• Government forms including income tax returns, company law forms, etc. are now filled in electronic form.
• Consumers are increasingly using credit/debit cards for shopping.
• Most people are using email, phones, and SMS messages for communication.
• Even in “non-cyber crime” cases, important evidence is found in computers/cell phones eg: in cases of murder, divorce, kidnapping, tax evasion, organized crime, terrorist operations, counterfeit currency, etc.
• Cybercrime cases such as online banking frauds, online share trading fraud, source code theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing attacks, email hijacking, denial of service, hacking, pornography, etc. are becoming common.
• Digital signatures and e-contracts are fast replacing the conventional methods of transacting business. 6. INTRODUCTION OF CYBER LAW

The existing laws of India, even with the most compassionate and liberal interpretations could not be interpreted in the light of the emergency cyberspace, to include all aspects relating to different activities in cyberspace. The practical experience and the wisdom of judgment found that it shall not be without major threats and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyber laws. Hence, the need for enactment of relevant cyber laws.

None of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email is not “legal” in our country. There is no law in the country, which gives legal validity, and sanctions to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As suin India.

Information technology-act 2000

In India, cyber laws are contained in the Information Technology Act, 2000 (‘IT Act’) which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate the filing of electronic records with the Government Information Technology Act, 2000 India’s mother legislation regulating computers, computer systems, and computer networks as also data and information in the electronic format. This legislation has touched on varied aspects of electronic authentication, digital (electronic) signatures, cybercrimes, and liability of network service providers.

• Advantages of I.T. Act 2000:

Helpful to promote e-commerce:

• Email is valid
• Digital signature is valid.
• Payment via credit card is valid.
• Online contract is valid

Enhance the corporate business:

• After issuing a digital signature, and certificate by Certifying authority, now Indian corporate business can enhance.

Filling online forms:

• After providing the facility, filling out online forms for different purposes has become so easy.

High penalty for cybercrime:

• Law has the power to penalize for doing any cybercrime. After making this law, nos. of cybercrime has reduced.

The shortcoming of I.T. and will.

• Act is silent on taxation.
• No, provision of payment of stamp duty on electronic documents.

Information technology-act 2008

The IT Act 2000, being the first legislation on technology, computers, e-commerce, and e-communication, was the subject of extensive debates, and elaborate reviews with one arm of the industry criticizing some sections of the Act to be draconian and others stating it is too diluted and lenient. There were some obvious omissions too resulting in the investigators relying more and more on the time-tested (one and a half-century-old one-and-a-half-century-old) Indian Penal Code even in technology-based cases with the IT Act also being referred in the process with the reliance more on IPC rather on the ITA.

Thus the need for an amendment – a detailed one – was felt for the I.T. Act. Major industry bodies were consulted and advisory groups were formed to go into the perceived lacunae in the I.T. Act and compare it with similar legislation in other nations and suggest recommendations. Such recommendations were analyzed and subsequently taken up as a comprehensive Amendment Act and after considerable administrative procedures, the consolidated amendment called the Information Technology Amendment Act 2008 was placed in the Parliament and passed at the end of 2008. The IT Amendment Act 200nature technology-neutral

• Defining reasonable security practices to be followed by corporate
• Redefining the role of intermediaries
• Recognizing the role of the offense Indianaoffenses Computer Emergency Response Team
• Inclusion of some additional cybercrimes like child pornography and cyber terrorism
• Authorizing an Inspector to investigate cyber offenses (as against the DSP earlier)

The term ‘digital signature’ has been replaced with ‘electronic signature’ to make the Act more technology neutraltechnologyneutral technology-neutral. A new section has been inserted to define ‘communication device’ to mean cell phones, personal dig, ital, assistance, or a combination an n of both or any other device used to communicate, send or transmit any text video, audio, or image. A new section has been added to define a cyber cafe as any facility from where access internet to the internet is offered by any person in the ordinary course of business to the members of the public. New Section to address data protection and privacy -Section 43 Body corporate to implement best security practices-Sections 43A &72A.

Conclusion

In this modern of technology Indian cyber law, the role and usage of internetthethe are increasing worldwide rapidly, therefore it becomes easy for cybercriminals, to access any data and information with the help of their knowledge and their expertise. Cybercrime is an unlawful act or a menace that needs to be tackled firmly and effectively. There is a need to create more awareness among the people and users of the internet about cyberspacesuc, diverse forms of cybercrime, and some preventive measures such as “Prevention is always better than cure”, so it is seriously advised to take some previous precautions while operating the internet. Security nowadays is becoming a prominent and major concern. In the following paper, some IT Law & security issues are introduced, including the threats, Trojans, and attacks over the based computer internet. Computer security becomes critical in many of the technology-driven industries which operate on network-based computer systems. Computer security is nothing more than computer safety. Countless vulnerabilities and computer or network-based network-based network issues are acts as an integral part of maintaining an operational industry.