Cyber Laws and Cyber Security in India

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Cyber Laws And Cyber Security In India : An Analytical Study

Introduction:-
“It is very essential to emphasis here that the world it not run by weapons any more, or
energy, or money. It is run by ones and zeros ….. little bits of data …. It is all electrons.
There’s a war out there, a world war. It’s not about who has the most bullets. It is about who
controls the information – what we see and hear, how we work, what we think. It’s all about
information” The movie traced on Information Technology to commit theft in superhighway
and information is the commodity to theft.1

In the scenario of technological development, around the world, it is rapidly growing in a


very positive way. But along with that few anti things also comes to the limelight. One of the
aspects is rapid growth of digital and network technology, which helped in developing a
virtual world of cyberspace. Cyber space brings great boom in every field of lifestyle and
economy but parallel to the same, there is a growth of new crime, which is called cybercrime.
Internet was initially developed as a research and information sharing tool and now it is either
the tool of the target or both to commit cyber crime. As the time passed by it became more
transactional with communication, ecommerce, e-governance etc. All the legal issues related
to internet crime are dealt under cyber laws. As the number of Cybercrime such as
unauthorized access and hacking, Trojan attack, virus and worm attack, denial of service
attacks etc. are increasing; the need for related laws and their application has also gathered
great force. Cyber crime has neither the origin, nor the reference in the law. On the tenth
United Nations Congress on the Prevention of Crime and Treatment of Offenders, in a
workshop devoted to the issues of crimes related to cyber space, cybercrime was divided into
two categories and defined thus:

(a) Cybercrime in a narrow sense that is computer crime in which any illegal behaviour done
by the means of electronic operations that targets the security of computer systems and the
data processed.

(b) Cybercrime in a broader sense which is computer related crime any illegal behaviour
committed by means of an operating system or network, including such crimes as illegal
possession or distributing information by means of a computer system or network.

1
M. Dasgupta, Cyber Crime in India- A Comparative Study, 2009, p.8
CYBER CRIME AND CYBER LAW :- We can define “Cyber Crime” as any malefactor or
other offences where electronic communications or information systems, including any
device or the Internet or both or more of them are involved.

We can define “Cyber law” as the legal issues that are related to utilize of communications
technology, concretely "cyberspace", i.e. the Internet. It is an endeavour to integrate the
challenges presented by human action on the Internet with legacy system of laws applicable
to the physical world.

Cyber Crime:- Sussman and Heuston first proposed the term “Cyber Crime” in the year
1995. Cybercrime cannot be described as a single definition, it is best considered as a
collection of acts or conducts. These acts are based on the material offence object that affects
the computer data or systems. These are the illegal acts where a digital device or information
system is a tool or a target or it can be the combination of both. The cybercrime is also known
as electronic crimes, computer-related crimes, e-crime, high technology crime, information
age crime etc.

In simple term we can describe “Cyber Crime” are the offences or crimes that takes place
over electronic communications or information systems. These types of crimes are basically
the illegal activities in which a computer and a network are involved. Due of the development
of the internet, the volumes of the cybercrime activities are also increasing because when
committing a crime there is no longer a need for the physical present of the criminal. The
unusual characteristic of cybercrime is that the victim and the offender may never come into
direct contact. Cybercriminals often opt to operate from countries with non existent or weak
cybercrime laws in order to reduce the chances of detection and prosecution.

History of Cyber Crime:- The first Cyber Crime was recorded within 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. 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
ransomware. Many countries including India are working to stop such crimes or attacks, but
these attacks are continuously changing and affecting our nation.

CYBER LAW Cyber Law took birth in order to take control over the crimes committed
through the internet or the cyberspace or through the uses of computer resources. Description
of the lawful issues that are related to the uses of communication or computer technology can
be termed as Cyber Law.

What is the importance of Cyber Law?

Cyber law plays a very important role in this new epoch of technology. It is important as it is
concerned to almost all aspects of activities and transactions that take place either on the
internet or other communication devices. Whether we are aware of it or not, but each action
and each reaction in Cyberspace has some legal and Cyber legal views.

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