Last updated on 04.06.2020
Title for paper submitted to international journal of scientific and research publications
NAME1:ANJALI RATANLAL PRAJAPATI
NAME2:SONAL SANJAY POPHALE
The invention of Computer has made the life of humans easier and faster , it has been using for various purposes all over world , starting from the individual to large organizations across the globe. In simple term we can define computer as the machine that can stores data/information and manipulate /process information or instruction that are instructed by the user.
Most computer users are using the computer for the official purposes either for their personal benefits or for other’s benefit . This gave birth to “Cyber Crime”. This had led to the growth in activities which are illegal to the society. We can define Cyber Crime as the crimes committed using computers or computer network and are usually take place over the cyber space especially the Internet .
Now we will study the term “Cyber Law”. It doesn’t have a constant definition, but in a simple words we can define it as the law that governs / rules the cyberspace. Cyber laws are the laws that govern cyber area. Cyber Crimes, digital and electronic signatures, data protections and privacy etc are comprehended by the Cyber Law. The United Nations General Assembly recommended the first IT Act of India which was based on the “UNCITRAL” ( United Nations Model Law on Electronic Commerce)
Cyber law is a term that refers to all legal and with its regulatory portion of World Wide Web and the Internet. Any feature of legal issues concerning to any activity of Neitizens and others in Cyberspace come within the ambit of Cyber law. Neitizens are internet users who utilize the networks from their home or workplace. Cybercrime is a new specialized domain in which online communication network medium is utilized with higher specification in identifying cyber criminals using Cyber laws. A lot of research is being conducted in terms of placing the relevant legal methodology for preventing and controlling the Cyber criminal activities. Just as a human mind is ingenious enough to get incited to commit a crime, it is necessary that effective legal activities and methodology to control and to prevent Cybercrimes by cyber laws techniques be channelized. Also it needs a strong security mechanism which includes Virtual Private Networks, Firewalls and Intrusion Detection Systems as well as various amendments of existing cyber laws and other cyber related laws to prevent the occurrence of Cybercrime in the cyberspace.
IPR IN CYBER WORLD
The people nowadays are so much busy in their virtual world rather than knowing that what the actual motive in the virtual world is and share their important information online without thinking twice or thrice that what might be the after effect of the data being uploaded by them and some people take advantage of such uploads and take it as a means to generate money. Hence the issue of I.P.R comes into the foray of Cyber Space. Now these questions might pop out from most of us that what exactly is I.P.R? So, I.P.R is nothing but Intellectual Property Rights, Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by the law. Intellectual property rights (IPRs) are the rights granted to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual property. Likewise Cyber Space is a term which is being derived from a the Science Fiction movie by Mr. Fred Roderick in the year 1920, and the term actually describes the virtual world which is something different from the real world. And today this term is widely being used to describe the attachment that people have towards the internet services or can be simply put into the words of “Socialisation” and “Social Media”, As of today the world has been facing a lot of surge in the Cyber Crime due to the only factor of Globalisation and in India it can be related to the government’s L.P.G Policy i.e. (Liberalisation, Privatisation And Globalisation). Some of the recent incidents in Cyber Crime are as follows: Cyber Bullying, Cyber Stalking, Spamming, Ransom ware and various other Malware Attacks. Although these terms do not have anything in relation to I.P.R, basic thing which needs to be focussed is on violation of an individual’s private right in the virtual world by any means and what remedy that victim might receive, and till now the I.T Act, 2000 or Information Technology Act, 2000 has been followed down all these years and as the time has drastically changed from where it all began, accordingly the act needs to go many further changes in order to adapt to the present case scenario and to applied further in any cases arising and to fix all the prevailing loop holes in the act. So in order to curb all these activities the government has to take some appropriate measures and our Legislature as well as our Judiciary needs to amend some policies to prevent those culprits from breaking the law. Cyber security denotes the technologies and procedures intended to safeguard computer networks and data from unlawful admittance of weaknesses and attacks transported through the internet by cyber delinquents. Intellectual property refers to creations of the human mind, for example; a story, a song, a painting, a design, a program etc. The facets of intellectual property that relates to cyberspace are covered by cyber law namely :
1) Copyright Law.
2) Trademark Law.
3) Semiconductor Law.
4) Patent Law.
Data protection and privacy laws aim to achieve a fair balance between the piracy rights of an individual and the interests of data controllers such as Banks, Hospitals, Electronic mail Service providers etc. The Indian Penal Code (I.P.C) (as amended by I.T Act) International Journal of Academic Research and Development 137 penalizes several cyber-crimes. These include forgery of electronic records, cyber frauds and destroying electronic evidence etc. The digital evidence is to be collected and proven in the Court of Law as per the provisions of the Indian Evidence Act (as amended by the I.T. Act 2000).
GDPR AND INDIAN LAW
At present, companies world over are in the process of assessing the impact that EU General Data Protection Regulations (“GDPR”) will have on their businesses. High administrative fines in case of non-compliance with GDPR provisions are a driving force behind these concerns as they can lead to loss of business for various countries such as India.
India has had a peculiar economic structural transition. Economic Survey reveals a top down structure of economy with 66.1% contribution of services sector to GDP. Out of this, information technology – business process management (IT-BPM) sector “is expected to touch an estimated share of 9.5% of GDP and more than 45 per cent in total services exports in 2015-2016 as per NASSCOM. ” Revenue contribution of Exports in IT-BPM is expected to touch 108 billion US dollars with a comparatively less domestic contribution of 22 billion dollar. “Major markets for IT software and services exports are the U.S. and the U.K. and Europe, accounting for about 90 per cent of total IT/ITeS exports”.
According to NASSCOM estimates for 2014, UK and Continental Europe respectively accounted for 17.4% and 11.6% of India’s IT/ITES services export. Given the criticality of IT–BMP services, India must do all it can to protect and promote business in this sector. To a large extent, future of business will depend on how well India responds to the changing regulatory changes unfolding globally. India will have to assess her preparedness and make convincing changes to retain the status as a dependable processing destination. This document gives a brief overview of data protection provisions of the Information Technology Act, 2000 followed by a comparative analysis of the key provisions of GDPR and Information Technology Act and the Rules notified under it.
HUMAN RIGHTS IN CYBER WORLD
The main focus of this paper is to enlighten not only the academicians but also the non tech savvy laymen to have firsthand information about latest electronic gadgets i.e. internet, cell phones, laptops, etc. and their linkage with human rights across the world. This paper acts like a litmus test to check the use and misuse of cyber space, the new technical name doing wonders in many a field. The internet has now become all encompassing; it touches the lives of every human being. We now a days, undermine the benefits of internet, however its anonymous nature allows miscreants to indulge in various cybercrimes. As is known well a kitchen knife can be used for cutting vegetables to prepare a good meal but at the same time, the same knife can also be misused to kill a person. Similarly, the cyberspace can also be used and misused. The only difference between a traditional crime and a cybercrime is that the cybercrime involves in a crime related to computers. As an example let us take Intellectual property in cyber space. Internet is one such a threat, which has captured the physical market place and has converted it into virtual market place. Therefore, it is the duty of the Intellectual Property Right (I.P.R) owner to invalidate and reduce such mala fide acts of criminals by taking proactive measures. Indeed, it is alarming to note a sea change in malfunctioning of cyber space. The recent malware named Uroburos/Snake, is an example of growing cyber espionage and cyber warfare. Stealing of sensitive information is the new trend. Digital signatures are mostly used for software distribution, financial transactions and in other cases where there is a risk of forgery. The Indian Parliament passed the Information Technology Act 2000 and amended in 2008 on the United Nations Commissions on International Trade Law (U.N.C.I.T.R.A.L) model Law. The law defines the offences in a detailed manner along with penalties for each category of offences. Thus cyber laws are the safe savior to combat cyber-crime. Human Rights in the digital age are being contested very openly today. The text of World Summit on the Information Society (W.S.I.S) (Convened on December 2003) Declaration of principles exposes a common vision of the information society, particularly with respect to Human Rights. This also examines the conflicts of law in civilians (mainly tort laws and laws on the protection of rights of the personality as well as intellectual property and criminal matters.
CYBER CRIMES AND CRIMINAL LAWS
History of Cyber Crime:
The first Cyber Crime was recorded in the year 1820. The primeval type of computer has been in Japan, China and India since 3500 B.C, but Charles Babbage’s analytical engine is considered as the time of present day computers /PC’s. In the year 1820, in France a textile manufacturer named Joseph-Marie Jacquard created the loom. This device allowed a series of steps that was continual within the weaving of special fabrics or materials. This resulted in an exceeding concern among the Jacquard’s workers that their livelihoods as well as their traditional employment were being threatened, and prefer to sabotage so as to discourage Jacquard so that the new technology cannot be utilized in the future.
Evolution of Cyber Crime:
The cyber crime is evolved from Morris Worm to the ransom ware. Many countries including India are working to stop such crimes or attacks, but these attacks are continuously changing and affecting our nation.
TYPES OF ATTACKS
Cyber crimes and viruses initiated, that includes Morris code worm and other.
Malicious code, Torjan, Advanced worm etc.
Identifying thief , Phishing etc.
DNS Attack, Rise of BotNets, SQL attacks etc.
Social Engineering, DOS Attack , BotNets, Malicious Emails, Ransom ware attack etc.
Banking Malware, Keylogger, Bitcoin wallet, Phone hijacking, Android hack, Cyber warfare etc.
The rise and proliferation of newly developed technologies begin star to operate many cybercrimes in recent years. Cybercrime has become great threats to mankind. Protection against cybercrime is a vital part for social, cultural and security aspect of a country. The Government of India has enacted IT Act, 2000 to deal with cybercrimes. The Act further revise the IPC, 1860, the IEA (Indian Evidence Act), 1872, the Banker’s Books Evidence Act 1891 and the Reserve Bank of India Act, 1934. Any part of the world cyber crime could be originated passing national boundaries over the internet creating both technical and legal complexities of investigating and prosecuting these crimes. The international harmonizing efforts, coordination and co-operation among various nations are required to take action towards the cybercrimes. Our main purpose of writing this paper is to spread the content of cyber crime among the common people. At the end of this paper “A brief study on Cyber Crime and Cyber Law’s of India” we want to say cyber crimes can never be acknowledged. If anyone suffering by cyber attack, please come front and register a case in your nearest police station. If the criminals won’t get punishment for their deed, they will never stop this crime at all.