Cyber Laws

Cyber law deals with a set of legal issues regarding certain aspects of networked information
technologies and devices such as communication, transaction and distribution. Unlike contract and
property law, it is not much distinct in nature. It is a domain that encapsulates numerous areas of laws
and regulations. Cyber law is considered to be a very new law as it has come to existence much after the
advent of the internet which has grown dramatically. It is not regulated or planned. The people who
invented the internet also failed to anticipate the growth of internet and problems caused cyberspace.
The cyberspace has expanded enormously. It is growing so rapidly that the people getting connected to
the internet are also doubling every hundred days. This has led to the advent of a new kind of
environment in the world.

As the cyberspace has grown abnormally, various issues are coming up rapidly that concern the legal
issues associated with internet. As the legal issues associated with the cyberspace are new and highly
complex in nature, the law of the internet or cyber law has come into existence. A new branch of law
which is highly specialised in nature has come up due to the growth of the cyberspace. This new branch
is known as Cyberlaws- Laws of the Internet and the World Wide Web. To refer all regulatory and the
legal aspects of the Internet and the World Wide Web, a generic term has been coined, known as cyber
law. It encompasses anything that concerns or relates to the legal aspects of the activities of the
netizens who are part of a cyberspace.

Aims of Cyber Laws

1) As cyber law is intangible in nature, it is not possible to regulate and govern it using the instruments
of traditional laws.

2) There is total disrespect for the boundaries of the jurisdiction in the cyberspace.

3) A large volume of traffic is handled by cyberspace in every second.

4) Everyone can participate in the cyberspace.

5) The members of the cyberspace can maintain a high degree of anonymity

6) The users are able to achieve a very high level of economic efficiency.

7) Security has become one of the prime objectives as electronic information is the main component of
cyber-crime.

Cyber Crime Cases

The following are some of the famous cases of cyber-crimes:

1) Shekhar Verma Case: Shekhar Verma who was a graduate from IIT Kharagpur was caught red-handed
in August 2002 when he was trying to sell the source code of software. He was working for Geometric
Software Solution Ltd.(GSSL)at that time. An American client of GSSL was Solidworks and the Source
code the property of it. The price that was demanded by the employee for this source code was
$240,000.

Verma offered the source code to a U.S.-based firm Solid Concepts which under suspicion informed it to
GSSL and Solidwoks. After getting the information, GSSL and Solidworks consulted with CBI (Central
Bureau of Investigation) and FBI (Federal Bureau Of Investigation). To catch Verma, the FBI and CBI laid a
trap. He was arrested under Sections 406 (criminal breach of trust) and 379 (theft)of the Indian Penal
Code and in the Information Technology Act.

Verma was remanded to CBI custody for four days when he was produced before a court in New Delhi.
The CBI verified that Verma has not previously sold the source codes of Solidworks to other party and
recovered all codes that were in Verma's possession

2) Kamal Kumar Case: Kamal Kumar took the help of his friend who stayed in Nigeria to develop a clone
of the website of ICICI bank (original - www.icicibank.com; clone - www.icicibank.net). Kumar sent e-
mails to customers of ICICI and asked them to validate their details such as credit card numbers, banking
passwords, account numbers etc. The customers were led to the fake website with the help of the link
that was given at the bottom of the mail.

Using the details that the customer has provided through the fake website, Kumar shopped over the
internet, for which the actual card holder had to pay. The ICICI Bank lodged a complaint on 7 February
2006 with the Mumbai police. The Mumbai police arrested Kumar on 2nd March 2006 on account of
hacking, cheating, forgery and brought down the fake website.

3) Shaikh Case: Shaikh had accessed the credit card details of the customers of the State Bank of India
(SBI) as he was working in the credit card department of the bank. The information about the customers
was passed on by him to his friend Kale which was finally transferred to another friend Lukkad who
booked air tickets using this information. They sold the booked tickets to various institutions and
customers in exchange of money. One day a customer received an alert about the purchase of a ticket
though he had not done such transaction.

After getting the complaint, the police discovered that the tickets have been booked online. The police
found out the details of an institution from the log details. After carrying out investigations, the police
found that the details have been obtained from the State Bank of India. The head of the cyber cell DCP
Sunil Pulhari and PI Mohan Mohadikar A. P.I. Kate arrested Mr. Sanjeet Mahavir Singh lukkad,
Dharmendra Bhika Kale and Ahmad Sikandar Shaikh after carrying out eight days of investigation.

4) Karan Bahree Case: Karan Bahree from Delhi sold top secret information about 1000 bank accounts
to an undercover reporter of The Sun. Bahree reported that he has obtained the data from his contacts
in call centers that are located in Delhi or in its vicinity. Bahree said that he has done the act on the
request of a person who had asked him to deliver a CD containing presentation. He had no idea that it
contained classified information. However, he also confessed that he has accepted money as service
charge. Bahree's employer, Infinity eSearch has Sacked him. The computer on which Bahree used to
work on at Infinity eSearch has been seized by the police and a preliminary investigation is being carried
out against him. The police have also seized his appointment letter, resume and termination letter.

Provisions of Cyber Laws

A lot of developments have been done in the field of cyber law in the year 2001 worldwide. This has
made it a very vibrant field. Every development in this field was equally important. Each one of them has
made the cyberspace more orderly, regulated and definitive. It also helped designing the code of
conduct that must be followed at the time of carrying out various activities over the electronic medium.
In the year 2001. The first important event took place in the field of cyber law. The rules of the cyber law
game were substantially altered after the famous Yahoo! France case.

Some Common National and International Cyber Laws

1 ) Electronic and Digital Signature Laws: One of the de-facto standards for the authentication of
electronic records, e-mails, Electronic Data Interchange etc., is electronic signatures or specifically digital
signatures. In order to establish a unique procedure and standard, a comprehensive law is required. For
example, a part of the cyber law is the Electronic Signatures in Global and National Commerce Act of the
U.S.A.

2) Computer Crime Law: We have become vulnerable to threats over the internet due to our growing
dependence on the Internet. There are many countries that have already come up with legislations to
deal with cyber-crimes. The remaining countries have decided to under the statutes of the existing
ones.

3) Intellectual Property Law: The intellectual property that have relation with the various components
of the cyberspace come under the purview of cyber law. The components of intellectual property laws
are as follows: )

i)Copyright law which has relation with computer software, computer source code, etc.

ii) Trademark law related to domain names.

iii) Semiconductor law relating to the protection of Semiconductor.

iv) Patent law regarding computer hardware and software.

4) Data Protection and Privacy Laws: There are many countries that have come up with laws related to
the privacy and protection of data.

5)Telecommunication Laws: From the discussion carried out so far, it has been seen that the
cyberspace not only covers the internet and the computers but any place where more than one cable or
meets. Telecommunication systems thus form an important part of the cyber laws as they come under
the domain of the cyberspace.
  Advantages of Cyber Laws in India
 Data privacy: One of the main issues covered by cyber laws is the
protection of people’s digital information.
 Awareness and Education: India’s cyber laws place a strong focus on
the need for education and awareness raising about digital rights and
cybersecurity.
 Safe intellectual property: Cyber regulations secures intellectual
property rights, which promote innovation, creativity, and technological
advancement.
 Cybersecurity Standards: These laws address the changing
cyber threat scenario to insert in place protection for the security of their
networks and systems.
 Prevention of Cybercrimes: Cyber laws are very crucial for stopping and
fighting hacking. By criminalizing such actions, internet laws act as a
barrier, dissuading potential criminals from participating in illegal behavior.
 Encouraging Online Shopping: India’s cyber regulations provide a
favorable atmosphere for online business. They provide the legal
foundations for digital signatures, electronic payment methods, and
electronic contracts, they ensure the enforceability of electronic
transactions and the legitimacy of digital signatures, and these rules
contribute to the development of confidence between buyers and
sellers.
 Disadvantages of Cyber Law
Below are some disadvantages of cyberlaw
 Reputational Damage: Cyberattacks have the potential to damage an
organization’s reputation by threatening customer assurance and trust.
 Complexity: Because cyber laws are such a complicated topic, specific
knowledge and experience are needed. Effective security measure
implementation and maintenance may be challenging for small
enterprises due to a lack of funding for the employment of specialized
cybersecurity personnel.
 Operational Disruptions: Cyberattacks such
as ransomware and malware can destroy services and create logistical
difficulties by interfering with the regular operations of companies and vital
infrastructure.
 Jurisdictional Issues: Because the internet crosses conventional
geographic borders, it may be difficult to implement cyber laws in many
countries. Because of the possibility that both the culprit and the victim
may live in nations with diverse legal systems, jurisdictional problems
 often arise in court proceedings involving cybercrime, intellectual property
violation, and other digital crimes.
 Resource constraints: It’s viable that law enforcement organizations and
court systems don’t have the tools or technology infrastructure needed to
successfully enforce cyber laws and bring charges against offenders.
 Possibility of Human Error: One of the biggest risks to cyber security is
human errors. Employees can unintentionally download a file consisting of
a virus or click on a malicious link, which would compromise the network
as a whole. Human mistake poses a danger even in the presence of
strong security measures.