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Cyber Law - Importance, Types and Objectives

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what is cyber law
Updated on 24th Nov, 23 9.1K Views
What is Cyber Law?
Types of Cybercrime
Importance of Cyber Law
Cyber Law in India: A Brief Understanding
Types of Cyber Law
Objectives of Cyber Law
How to protect yourself on the Internet
Conclusion
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What is Cyber Law?

Cyber law deals with the legal aspects of cyberspace, the internet, and computing. In a
broader view, cyber law handles the issues of intellectual property, contract, jurisdiction, data
protection laws, privacy, and freedom of expression in the digital space.

In addition to regulating the overall internet’s happenings and crimes, cyber law recognizes
popular usages, which include e-documents. Earlier, contracts, agreements, or anything of a
legal nature was made on paper. With the recognition of e-documents and digital signatures,
the world is moving fast toward a paperless future. Since this reduces the use of paper and
increases sustainability, these processes are widely encouraged by several environmental
enthusiasts.
The very first cyber law to exist was the Computer Fraud and Abuse Act (1986.) Currently,
there are several cyber laws around the world, and the penalties, punishments, and
regulations vary to an extent.

Following are the common cyber crimes covered by cyber law around the globe; by
understanding the same, you will understand the importance of cyber law.

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Types of Cybercrime
DDoS and botnet:
This is one of the top arenas covered by cyber law, in general. Large websites are usually a
target for hackers looking to steal data or extort money from site owners. Hackers do so by
generating traffic beyond the site’s capacity, which, eventually, crashes the site. When the
site is not functioning, the hackers steal the data or contact the site owner and demand
money to restore the site.

This type of attack is known as a DDoS attack and is done via the botnet system.

DDOS and Botnet

Identity theft
Identity theft, as per cyber law, is the stealing of someone’s identity and passing it off as your
own in an online forum. This is a serious concern in cyber law because hackers steal your
private and confidential information and use the same for malicious gains.

Identity Theft
Cyberstalking:
Cyberstalking, as per cyber law, is the usage of an entity’s social media or online information
to threaten, stalk, or extort money from them. The data collected by the attacker is,
generally, sensitive and can cause issues such as security breaches, defamation, and more.

Cyberstalking
Social engineering
The concept of social engineering in cyber law is stealing by gaining confidence. Through
social engineering, criminals usually target people who have considerably less knowledge
and understanding of the functioning of banks, social media, and digital operations, in
general.

By posing as a trustworthy person or customer care representative, criminals gain access to

people’s banks or social media accounts and proceed to sell the data gained through the
same. Sometimes, the accounts can be hacked for extortion as well.

Social Engineering
PUPs
It is usually popular advice by cyber law experts to avoid installing unknown software for the
simple reason that malware can be installed into your computer and files can be stolen.
Furthermore, spyware can be installed on your computer for malicious purposes as well.
This mode of gaining access or stealing data via adware, spyware, etc., is known as
potentially unwanted programs (PUPs.) This is why it is common to advise cyber law and
computer experts to make use of authorized service centers only.

PUPs
Phishing
Phishing is a crime where the hackers gain access to a person’s device via a link; the link, in
a simple glance, would look authentic. The link can include gift cards, games, etc.
Sometimes, links come via mail claiming that your data is stolen, and by clicking the link you
can restore it.

Phishing
The above-mentioned are a few of the many crimes that are identified by cyber law experts
around the globe.

Following is the treatment of cyber law in Indian jurisdiction.

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Importance of Cyber Law

Cyber law is of paramount importance in our digital age as it safeguards digital assets,
prevents cybercrimes, regulates online activities, protects e-commerce and consumer rights,
fosters international cooperation, upholds intellectual property rights, ensures data privacy,
and provides legal remedies. It plays a vital role in establishing legal order and security in
the digital realm, protecting both individuals and organizations in an interconnected world.

Cyber Law in India: A Brief Understanding

India witnesses many cybercrimes annually, with over 44,000 reported cases. Among the
states in India, Karnataka emerges as the leader in terms of cybercrime rates. According to
a 2022 report by Statista, the average cost of data breaches was USD 2 million in India. This
financial impact reflects the consequences of data breach incidents. For more detailed
statistical information, please refer here.

Cyber law in India is governed by two key legislations: the Indian Penal Code and the
Information Technology Act of 2000. These legal frameworks provide the necessary
guidelines and provisions to address cybercrime and protect digital assets and individuals’
rights in cyberspace.

A variety of cybercrimes are addressed by Indian cyber laws, covering two main aspects:
hacking systems and employing them to commit crimes of different magnitudes. Additionally,
Indian cyber law encompasses a comprehensive range of domains, such as intellectual
property rights and privacy rights, among others.
Cyber law in India encompasses a broad range of subjects, although it is important to note
that the list provided is not exhaustive. Similar concepts may also be addressed in other
jurisdictions globally. The following outlines the various types of cybercrimes and the
corresponding cyber law protections.

Fraud
Cyber law in India identifies the theft of identities, credit cards, and other finance-based
crimes as fraud; these cybercrime offenses may lead to fines, imprisonment, or both.

Fraud
Copyright
Cyber law in India protects copyrighted works present in online forums. The accused are
punished based on the Copyright Act and other applicable acts, rules, and regulations.

Copyright
Defamation
The Indian constitution ensures the right to speech, but it comes with limitations; when the
limitations are crossed, it constitutes defamation. A person who defames another person or
an organization will be punished under cyber law.

But, What constitutes defamation activity online? In brief, according to cyber law, spreading
false information or information without evidence online constitutes defamation activity.

Indeed, with the growth of social media usage, stronger cyber law protection is required
against defamation.

Defamation
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Harassment and stalking

Cyber law in India protects online users from harassment and stalking. When someone
speaks in a targeted way against you online, it would constitute harassment. The factors of
harassment are circumstantial.

When online information is used to harass someone, it is known as stalking.

Harassment and stalking are serious offenses in India that have repercussions in both civil
law and criminal law.

Harassment and Stalking

Trade secrets
In general, trade secrets are confidential information about companies. Attempting to leak
confidential information to the public or using the same for monetary gain is a serious
offense, as per Indian cyber law. The penalty for leaking or using trade secrets is determined
by the gravity of the injury experienced by the infringing party.
Trade secrets
But, why exactly is cyber law in action against cybercrimes? What are its objectives? The
following section will answer the same.

Types of Cyber Law

There are several types of cyber laws, each addressing specific aspects of digital activities
and cybersecurity. Here are some common categories of cyber laws:

Privacy Laws:
Privacy laws govern the collection, use, and protection of individuals’ personal information
online.
Examples include the General Data Protection Regulation (GDPR) in Europe and the
California Consumer Privacy Act (CCPA) in the United States.
Cybercrime Laws:
Cybercrime laws focus on criminal activities conducted online, including hacking, identity
theft, online fraud, and cyberbullying.
These laws define offenses, penalties, and procedures for investigation and prosecution.
Data Breach Notification Laws:
Data breach notification laws mandate that organizations inform affected individuals and
authorities when a data breach occurs.
These laws aim to ensure transparency and help individuals take necessary actions to
protect themselves.
Intellectual Property Laws:
Intellectual property laws protect digital content, patents, trademarks, and copyrights in the
digital realm.
They address issues like copyright infringement and online piracy.
Cybersecurity Laws:
Cybersecurity laws require organizations to implement measures to protect their digital
infrastructure and sensitive data.
These laws often set standards and requirements for data security practices.
E-Commerce and Online Contracts:
Laws related to e-commerce and online contracts establish legal frameworks for online
transactions, electronic signatures, and consumer rights.
They provide a basis for resolving disputes in the digital marketplace.
Social Media and Online Content Regulations:
Regulations governing social media and online content address issues such as hate speech,
defamation, and harmful content.
They set guidelines for the removal or restriction of such content.
Computer Crime Laws:
Computer crime laws specifically target offenses involving computer systems and networks.
They encompass unauthorized access, malware distribution, and cyberattacks on critical
infrastructure.
Cryptocurrency and Blockchain Regulations:
As digital currencies and blockchain technology gain prominence, regulations address
issues like cryptocurrency trading, initial coin offerings (ICOs), and blockchain-based
contracts.
International Cybersecurity Agreements:
Some laws and agreements focus on international cooperation in combating cybercrimes
and promoting cybersecurity best practices.
Examples include the Budapest Convention on Cybercrime and bilateral cybersecurity
agreements between nations.
These are just a few examples of the types of cyber laws that exist to govern and regulate
various aspects of digital activities, protect individuals’ rights, and ensure cybersecurity in the
digital age. The specific laws and regulations can vary significantly from one jurisdiction to
another.

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Objectives of Cyber Law

Lawmakers have executed cyber law legal protections with the following objectives: The
following features of cyber law make the internet a much safer place to explore:

To be a safety net against online data predators.

To ensure justice for cybercrime victims
To prevent debit card or credit card fraud. Many people have switched to digital payment
methods. Cyberlaw tries to make sure that victims do not have to go through the additional
agony of long procedures.
To block transactions when there is any unusual activity such as the input of an incorrect
password.
To ensure the safety of protected data. By knowing what cyber law is, one can easily adopt
preventative measures.
To ensure national security.
The various advantages of cyber law include the following:

Better protection of e-commerce sites ensures better revenue for the companies; this, in
turn, ensures a better economy for the country.
Grievances for online transactions will be heard by the court as a part of the remedial
measures of cyber law.
Recognition of e-documents and grievances on the same will be heard by the court.
Fixing security issues by the companies leads to better data protection standards.
Ensuring proper usage of data by the companies.
The above-mentioned are a few of the popular aspects of cyber law in India. This is not legal
advice. If you require cyber law remedies, contact a lawyer immediately.

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How to protect yourself on the Internet

Try to maintain a few social media accounts as possible. Every information you put online is
a potential way to hack your account. If you are serious about maintaining your presence on
several social media platforms, always ensure that your passwords are strong. Regular
changing of passwords is a great way of protecting your data from hackers. You can use
password manager apps to create strong passwords. Two-factor authentication would add
an additional layer of security for sure.
Always question the app’s access permission. When you download any app/ visit any
website, you will be requested a particular number of permissions. If basic permissions are
requested, it is fine. However, if permissions are requested to access sensitive information
such as your gallery and such, immediately deny such requests. More so, quit the website
immediately/ delete the app immediately.
Free wi-fi is always intriguing. But oftentimes it is a honeytrap laid by hackers to lure you into
using it. When you access the internet via free wifi, hackers can easily get into your device,
spread viruses, steal information, and more of a similar sort.
Finally, always be suspicious of any “too good to be true” kind of messages/ calls. If you get
any such calls/ messages, always report to the respective officials immediately.
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Conclusion
Cyber law is very important to ensure the safety of the digital world, across boundaries.
Always ensure that you protect your systems from any cyber attack by being aware of the
applicable cyber laws.