Definitions, Meaning, Fundamentals and Understanding of Cyber

Space
The term cyber space has garnered numerous definitions and interpretations given by both
experts and lexicographers. According to Adnan (2010), cyberspace is an unreal world where
information is constantly transmitted through or between computers.
On the other hand, the cyberspace according to Pfaffenberger (2000) refers to the virtual
space that computer systems have aided in its creation.
According to Chip Morningstar and F. Randall Farmer, cyberspace is defined more by the social
interactions involved rather than its technical implementation. In their view, the computational
medium in cyberspace is an augmentation of the communication channel between real people;
the core characteristic of cyberspace is that it offers an environment that consists of many
participants with the ability to affect and influence each other. They derive this concept from the
observation that people seek richness, complexity, and depth within a virtual world.
History of the word- Cyber Space
The term Cyber Space was introduced by William Gibson in his book “Neuromancer” in 1984.
Although Gibson criticized the term by calling it redolent and meaningless. It is still used
worldwide to describe facilities or features that are linked to internet .
Gibson initially explained the cyber Space as “a consensual hallucination experienced daily by
billions of
legitimate operators in every nations.”
Programme developers such as Chip Morningstar stated that the cyberspace gained its
popularity as medium for social interaction as opposed to its technical execution and
implementation.
Thus, unlike most computer jargon, the „cyberspace‟ doesn‟t have a standard or objective
definition.
Instead , it is simply used to describe systems that extend across a global network of computers.
Cyberspace refers to the virtual computer world, and more specifically, an electronic medium
that is used to facilitate online communication. Cyberspace typically involves a large computer
network made up of many worldwide computer subnetworks that employ TCP/IP protocol to aid
in communication and data exchange activities.
Cyberspace is an interactive domain made up of digital networks that is used to store, modify
and communicate information. It includes the internet, but also the other information, systems
that support our companies, infrastructure and services.
Cyberspace can be divided into a multi-layer model comprised of:
1. Physical foundations: such as land and submarine cables, and satellites that
pro-vide communication pathways, along with routers that direct information to its
destination.
2. Logical building blocks: including software such as smartphone apps, operating
systems, or web browsers, which allow the physical foundations to function and communicate.
3. Information: that transits cyberspace, such as social media posts, texts, financial
transfers or video downloads. Before and after transit, this information is often stored on
(and modified by) computers and mobile devices, or public or private cloud storage services.
4. People: that manipulate information, communicate, and design the physical and
logical components of cyberspace.
Collectively these tangible and intangible layers comprise cyberspace, which we are
increasingly dependent on for essential components of daily life. A dependable and stable
cyberspace is necessary for the smooth functioning of critical infrastructure sectors such as
energy, transport, food, health and finance. As dependence increases, so do the costs of
disruption—whether accidental or intentional—as well as possibilities for misuse and abuse.
Inside the internet is yet another circle—the web, or the pages that can be accessed using a
web browser such as Firefox, Chrome or Safari. The internet and web are often used
interchangeably, but in fact they are different and one of them sits inside the other.
Although this chapter (and most popular commentary) talks about cyber security, what is really
meant is security of the internet, where the vast majority of global communication takes place.
The four layers of cyberspace described above (physical, logical, information, and people) have
three primary characteristics—connectivity, speed and storage. These characteristics enable
both the positive and negative aspects of the digital environment and should be understood in
order to place cyberspace in context. This is also how readers can begin to understand cyber
security—by examining the basic layers of cyberspace and their characteristics and analysing
what this means for the safety and stability of the modern digital world.
Connectivity:
Nearly 40 per cent of the world‟s population is connected to the internet, through PCs, laptops,
tablets
and mobile phones. In addition, there are billions of other connected
„things‟ such as sensors embedded in cars, factories, buildings, airplanes, TVs and toasters.
This rapidly increasing connectivity produces value and benefits that are more than the sum of
the individual parts. This is known as a positive „network effect‟—as more devices are
connected, more information is generated and shared, and the value of the network increases
for everyone.
Speed:
Why does cyberspace seem to change so quickly, presenting opportunities and challenges at
greater speed than we are accustomed to in the physical world? There are a number of
reasons for this change, and they are scattered throughout the twentieth century. They include
the inventions of the semiconductor and transistor. Steady advances in technology led Gordon
Moore (co-founder of Intel) to state his belief that engineers would be able to double the
number of transistors on a computer chip
every two years. This observation, known as Moore‟s Law, was made in 1975 and has held
true for the past four decades. It means that the speed—processing power—of computer
chips increases steadily, making laptops more powerful, turning smartphones into handheld
computers, and allowing Google searches to be completed ever-faster.
Storage:
Greater connectivity and speed are nice, but they mean little without storage. What good is
an email, text, spreadsheet or document if it can be sent and received, but not stored and
retrieved.

Storage capacity has come close to matching Moore‟s Law (namely, doubling roughly every
two years) as hard drives have moved from gigabytes to terabytes and continue to grow.

Storage involves not only capacity, but also performance, which is the input/output speed of a
storage device. Performance has increased dramatically with the transition, over the past
decade, from traditional hard drives with spinning discs to solid state hard drives that have no
moving parts—the same storage in smartphones and flash drives. Storage allows internet
users to download and retain music, videos, pictures.
Cyberspace's core feature is an interactive and virtual environment for a broad range of
participants. In the common IT lexicon, any system that has a significant user base or even a
well-designed interface can be thought to be “cyberspace.”

Cyber space is the virtual computer world that could be an object that is floating around a
computer network or system. Cyberspace has now extended to the global computer
network as well. A better understanding of cyber space can be developed by finding the
answer of following questions:
1) What Exactly Is Cyberspace?

Let us delve deep into understanding what Cyber space actually is. Cyberspace is where users
are allowed to share varied information, swap ideas and interact, play games, and engage in
various social forums. They can conduct business here and indulge in various activities. It is any
feature that is linked on the internet. Every kind of a virtual interface that creates some form of
digital reality is cyberspace. Global content can be used for various purposes that could include
entertainment and commerce. It is how human society makes it is what defines cyberspace. So
what is cyberspace? Cyberspace exists when the stakeholders hold virtual meetings. The use
of smartphones brings the sense that there is growth in cyberspace.
Also, massive gaming players online is an example of cyberspace. Here people do not sit face
to face but get connected through the digital world. They look at their device from a remote
location. Cyberspace also comes into the picture when there is language translation that occurs
automatically in the blink of an eye.In a nutshell, when you define cyberspace, cyberspace is
everything that uses the internet. It is evolving and also promises to get more diverse as years
come by.

2) What is the Use of Cyberspace?

Now let us talk about what use cyberspace has for us. We live in an internet era and the
indispensability of the internet is something that we cannot deny about. The expanding
computer network, technologies, and the internet have evolved into what is known as
cyberspace. It is a virtual environment where there is communication between computer
networks.
Cyberspace brings in many uses. It lets you do everything possible through the internet. Be it
education, military, finance, or even education today everything is connected to what is known
as cyberspace.
There is not a single sphere in our life that is not connected to social media.
The internet has made it efficient to store and to handle data. It has made man‟s life
organized and more systematic. Be it for e-banking or booking tickets or even to work
online, cyberspace is everywhere.
3) Working of Cyber Space
Cyberspace allows users to share information, interact, swap ideas, play games, engage in
discussions or social forums, conduct business and create intuitive media, among many other
activities. We know that cyberspace is something without which life cannot be imagined today.
So how does cyberspace function? Be it from up in space or from under the water, understand
how the internet makes it possible to transfer information. It seems pretty straightforward to get
online. However, there is much more than what occurs backstage.
Hidden below the sea level and above the surface of the earth, there are complex and large
cables as well as networking satellites that let you stream your favourite movie and use the
maps to navigate to your preferred location. There are many physical installations that let you
be connected wirelessly.
Private hands mostly develop and maintain cyberspace infrastructure. We are all online but no
international or centralized authority contains what occurs on the internet or how cyberspace is
managed and structured. There are submarine cables that transmit the data making use of fiber
optic technology. These submarine cables are the major carriers of data and they transmit lots
of data cheaply and quickly.

4) Is Cyberspace The Same As The Internet?

Cyberspace and the internet have been capable of creating a virtual world for cultural as
well as for various social practices. With virtual cyberspace reality, it is now possible to see,
communicate, and represent information. The cyberspace internet is a virtual world of
computers that facilitates communication online. It is a world where information gets transmitted
through the internet. Cyberspace internet is however different from the internet. The internet is a
global network of computers that offers information and facilitates communication through the
networks that are interconnected. This it does by using standardized communication protocols.
The cyberspace internet on the other hand is the virtual world of computers which is the world
over a virtual computer network environment.
To understand the cyberspace meaning and its differences clearly it can be said that the
internet is a set of networks of computers that make use of the internet protocol to
communicate. This is the internet. Cyberspace is an information world through the internet.
5) Is the web not the internet?
When cyber security is mentioned, many people tend to think of the security of their devices,
home or work computers, or the websites they visit on a daily basis. But cyber- space is much
larger than this and
includes the sum of global digital networks. It includes all digital communications including
obscure and legacy communication protocols or isolated networks (for example, nuclear
weapons silos) that are not accessible through the internet. The internet (the IP—or Internet
Protocol—network) is a slightly smaller circle that includes the most popular and widely used
forms of communication. Author and journalist John Naughton provides a useful analogy to
describe the difference between the internet and the web:
“Think of the internet as the tracks and signalling, the infrastructure on which everything
runs. In a railway network, different kinds of traffic run on the infrastructure—high-speed
express trains, slow stopping trains, commuter trains, freight trains and (sometimes)
specialist maintenance and repair trains”.
On the internet, web pages are only one of the many kinds of traffic that run on its virtual
tracks. Other types of traffic include music files being exchanged via peer-to-peer networking,
or from the iTunes store; movie files travelling via Bit Torrent; software updates; email; instant
messages; phone conversations via Skype and other VoIP (internet telephony) services;
streaming video and audio; and other stuff too arcane to mention.

Interface of Technology and Laws defining Cyber Laws

The core feature of Cyber Space is an extremely interactive virtual environment for an
incredibly large range of participants. Through the cyber space users are allowed to share
information, swap ideas, engage in social discussion, interact and play games, create media
conduct business.
One way to talk about cyberspace is related to the use of the global Internet for diverse
purposes, from commerce to entertainment. Wherever stakeholders set up virtual meeting
spaces, we see the cyberspace existing. Wherever the Internet is used, you could say, that
creates a cyberspace. The prolific use of both desktop computers and smartphones to access
the Internet means that, in a practical (yet somewhat theoretical) sense, the cyberspace is
growing.
Cyberspace is a concept describing a widespread, interconnected digital technology. "The
expression dates back from the first decade of the diffusion of the internet. It refers to the online
world as a world "apart," as distinct from everyday reality. In cyberspace people can hide
behind fake identities, as in the famous The New Yorker cartoon." (Delfanti, Arvidsson,150)
The term entered the popular culture from science fiction and the arts but is now used by
technology strategists, security professionals, government, military and industry leaders and
entrepreneurs to describe the domain of the global technology environment, commonly defined
as standing for the global network of interdependent information technology infrastructures,
telecommunications networks and computer processing systems. Others consider cyberspace
to be just a notional environment in which communication over computer networks occurs.The
word became popular in the 1990s when the uses of the Internet, networking, and
digital communication were all growing dramatically and the term cyberspace was able to
represent the many new ideas and phenomena that were emerging.
As a social experience, individuals can interact, exchange ideas, share information,
provide social support, conduct business, direct actions, create artistic media, play
games, engage in political discussion, and so on, using this global network. They are
sometimes referred to as cybernauts. The term cyberspace has become a conventional
means to describe anything associated with the Internet and the diverse Internet culture.
The United States government recognizes the interconnected information technology
and the interdependent network of information technology infrastructures operating
across this medium as part of the US national critical infrastructure. Amongst individuals
on cyberspace, there is believed to be a code of shared rules and ethics mutually
beneficial for all to follow, referred to as cyber ethics. Many view the right to privacy as
most important to a functional code of cyber ethics.Such moral responsibilities go hand
in hand when working online with global networks, specifically, when opinions are
involved with online social experiences.

Laws Defining Cyber Laws

Cyber Law is a generic term referring to all the legal and regulatory aspects of the internet.
Everything concerned with or related to or emanating from any legal aspects or concerning any
activities of the citizens in the cyberspace comes within the ambit of cyber laws. Cyber Law
encapsulates legal issues which are related to the use of communicative, transactional, and
distributive aspects of networked information technologies and devices. It encompasses the
legal, statutory, and constitutional provisions which affect computers and networks.

The laws prevailing the area of cyber space and the world of the internet is cyber law and the
users of the areas fall within the ambit of these cyber laws.

Thus cyber law is essentially the branch of law that deals with legal issues which are related
to use of inter-networked information technology. The governing mechanism and legal
structures that oversee the growth of electronic commerce in India fall within the domain of
cyber law.
Cyber law essentially encompasses laws relating to electronic and digital signatures,
cybercrimes, intellectual property, data protection and privacy . The major areas of cyber laws
includes defamation, fraud, copy right harassment or stalking , trade secrets freedom of
speech, contracts and employment law.
Regulation and legislation in India
Due to the increase in globalization, computerization and the growth of e-commerce in 90s,
UNCITRAL adopted its Model Law on e-commerce in 1996. So In 1996, the United Nations
Commission on
International Trade Law (UNCITRAL) adopted the model law on electronic commerce (e-
commerce) to bring uniformity in the law in different countries.
Further, the General Assembly of the United Nations recommended that all countries must
consider this model law before making changes to their own laws. The UN General Assembly
then passed a resolution in 1997 recommending the states in the UN to give favourable
considerations to the model Law. India became the 12th country to enable cyber law after it
passed the Information Technology Act, 2000.
In the IT Act, 2000, there are special provisions under Chapter III to grant legal recognition to
electronic records, signature, and also encourage the government and its agencies to use
them.
The detailed analysis of the IT Act and UNCITRAL Model Law of India is given in Unit 2
and Unit 3 of these notes.
Conclusion:
Cyberspace is thus something that is now a part of human life. It has eased the way of carrying
out work and makes life easier for all. However, with its boons comes some bane as well. The
ease of carrying out work through cyberspace has also caused some serious issues to the
personal security and safety of an individual. There is a rise in the incidents caused because of
cybercrimes which are on the rise.
Counterfeit calls, hacking online frauds have now become a daily affair. And cyberspace is
the thing to be blamed for these.
Because of unregulated and uncontrolled internet usage, people have now been exposed to
many kinds of unwanted dangers. Children are exposed to inappropriate content on the internet
which they have an easy access to. They may play inappropriate games that tend to impact
their minds. Cyberspace increases unproductive work which in turn leads to a waste of time. It
also affects mental and physical health. Sitting in front of a computer or TV screen for long
hours has a serious impact on health.
While all is not good all is also not bad with cyberspace. Cyberspace is essential to grow and
develop as a community. However, care should be taken to ensure adequate caution and
precautions when using cyberspace. The government also should get involved and takes the
appropriate measures so that there is no misuse of cyberspace and such that it can be used for
the betterment of the human society.
 The UNCITRAL Model Laws for E-commerce
United Nations, an international organization created in the aftermath of the second
world war works for cooperation among the countries . thus, a separate wing in the
form of United Nations Commission on International Trade Law (UNCITRAL) was
created in 1966. The primary purpose was the promotion of international trade and
the unification in the law governing the same.
In December 1996, the General Assembly of the United Nations approved the
model Law on a report by UNCITRAL.
The object of the Model Law was clear. It was to remove the unnecessary
obstacles in international trade. The Model Law was adopted as on 30th
January 1997.A
recommendation was being made by the assembly to “ All (the) states (to) give
favourable consideration to the UNCITRAL Model Law On Electronic Commerce
when they enact or revise their laws , in view of the need for uniformity of the law
applicable to paper based forms of communication and storage of information.”
A Model Law doesn‟t have the liberty to legislate their own domestic laws in pursuance of
the Model Law. More than 132 states have until now adopted the model law.
Key Provisions
The Model Law has been divided into two parts. The Part I relates to the General
provisions relating to e-commerce, it legislates the three principles of non-
discrimination, technological neutrality, and functional equivalence. Besides
establishing uniformity in the laws regarding e-commerce and legal relevance for
data communicated through electronic mode, MLEC also establishes rules for
formation and validity of e-contracts, for data message attribution, for receipt
acknowledgement and for determining .
General Provisions
According the Article 1 the sphere of application is for the information in the form of
data message. The context for the same are commercial activities. There are six
definitions provided in Article 2 , out of which the most important one is that of the
data message. The model law defines it as- “ means information generated, sent,
received or stored by
electronic, optical or similar means including , but not limited to electronic data interchange(EDI),
electronic mail, telegram, telex or telecopy”
The striking importance of this definition is the requirement of offer and
acceptance in contracts. This definition has been attributed after taking into
consideration the future technological developments as well, which is the reason
for inclusion of the term similar means. This wide definition includes the notion of
a record and even revocation and amendment. The sphere of application that
Article 1 talks about, is for the information in the form of data messages, in the
context of commercial activities.
The interpretational tool calls for a standard of international tool calls for a
standard of international origin and a need for uniformity in the application of
application of general principles of law (Article 3).
The communication of data massages can be varied through by the agreement of
the parties also (Article 4).
Application of legal requirement to data messages
The principle of non-discrimination has been enforced by the means of Article 5
which specifies that the information communicated via electronic mode, i.e., in the
form of data messages cannot be denied legal validity and effect. Information by the
way of reference has also been given legal validity(Article 5 bis) and thus, the
application of this law has been considerably widened. This is of utmost importance
in the context of international law.
The nations required the documents to be in writing and validation was only given
to the hand written signature as a form of authentication. By the means of
provisions in Articles 6 & 7, the Model has done away with both of the above
obstacles. Accessibility of data messages does not require the document to be in
writing, and recognition of digital signature marks the approval of the full structure
of the contract.
This provision is termed relevant for every circumstance including a relevant
agreement. The notion of originality is defined in Article 8 which provides that data
messages can fulfil the legal requirement of presentation and retention of
information in its original form
subject to the assurance of integrity and presentability of data messages. Presentability
meaning the ability to display the information where required. Article 9 specifies that the
data messages cannot be denied admissibility in the court of law solely on the basis
that the information is in the form of a data message. Thus, evidentiary value has
been granted to data messages. The requirement of retention of information is also
met by retention of information in the form of data messages subject to the
accessibility, accuracy and originality of format and identity of origin(Article 10).
Communication of data messages
Offer and acceptance of offer, when communicated in the form of data messages,
cannot be denied legal validity and enforceability solely on the grounds that they are
in the form of data messages. Thus, the formation of a valid contract was made
possible through the means of data messages.(Article 11)
Acknowledgement in the form of receipt of data messages has also been
granted legal validity.(Article 12)
The data message is attributed to the originator if it is sent by him or by a person
authorised by him(Article 13).
Article 14 provides that the receipt of the data message and its acknowledgement
can also be agreed upon by the parties beforehand.
The transaction ensues when the information goes out of control of the sender. The
place of dispatch is the place of business and the time is when the acceptance
enters the system of the addressee(Article 15).
Specific provisions
With a intentions to promote international trade this law provides in article 16
that The carriage of goods can be transacted upon through data messages.
The requirement of paper is done away with and data messages are sufficient for
carrying on the actions in the previous article.
this part has been complemented by other legislative texts such as the Rotterdam
Rules and it may be the object of additional work of UNCITRAL in the future.
Implementation & Judicial Interpretations across the globe
The Model Law of Electronic Commerce was adopted to facilitate the international
trade through electronic modes of communication. It aimed at encouraging national
legislators to adopt a set of internationally acceptable rules regulating e-commerce.
Thus, Model Law is accompanied with a guide which provides background and
explanatory information to assist the states in preparing the necessary legislative
provisions.
Different states enacted laws based on the principles of this Model Law. Thus,
the courts have interpreted the provisions of their domestic laws according to the
Model Law.
Khoury v. Tomlinson is a landmark case decided by the Texas Court of Appeal. The facts of
this case are such that an agreement was entered via e-mail which was not signed but only the
name of
the originator appeared in the „from‟ section. Referring to the principles in
Article 7 of the Model Law, the court found sufficient evidence that the name in the „from‟
section establishes the identity of the sender.
Chwee Kin Keong and others is a case dealt with by the Singapore High Court.
There was the issue of unilateral mistake in this case as the wrong price was quoted
on the seller‟s website for a product. The server of the seller automatically sent a
confirmation mail when the buyers placed an order. All the elements of the contract
were established but with a mistake which eliminated consensus ad idem. Referring
to the Singapore Electronic Transactions Act based on Model Laws, the court found
that human errors, system errors, and transmission errors could vitiate a contract.
Martha Helena Pilonieta v Gabriel Humberto Pulido Casas is a case dealt with
by the Supreme Court of Justice of Columbia. The court found that the electronic
message by a spouse was not relevant on the ground of evidential thresholds.
Thus, the Model Laws became the basis for a number of legislative texts enacted by
various governments across the globe and it gave a uniformity to the laws
concerning the information communicated by the electronic mode of
communication.
This Model Law has immensely facilitated the transition of the trade from traditional paper
based contracts to e-commerce. The need and acceptance of such legislative text
has clearly reflected the importance of laws based on homogenous principles
Conclusion:
Citing the ambiguity and heterogeneity in law regarding the contracts formed via
electronic modes of communication and the threats it posed to the international
trade, the United Nations Commission on International Trade Law took the initiative
to draft a set of internationally acceptable rules regarding legal validity and
enforceability of the information communicated via e-modes. This Model Law has
been globally accepted and has been successful in enforcing the principles of non-
discrimination, technological neutrality, and functional equivalence regarding the
data messages. This has helped in furtherance of international trade and helped
homogenising various legal perspectives regarding this subject. MLEC has achieved
the following:
• Validation and recognition of contracts formed through electronic means,
• Validating originality and retention of documents in electronic form,
• Provided acceptability to electronic signatures for legal and commercial purposes,
• Support to the admission of computer evidence in courts and arbitration
Proceedings.