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How effective are Cyber Laws in India?

Posted By MyAdvo / February 23, 2016 / Cyber Crime / 1 Comment

Inception of cyber Laws- A historical insight

With the advent of computers and internet, the work and modus operandi in the everyday lives become easy, convenient and accessible. But, the devious minds have got another platform to practice crimes and create havocs in the working of individuals or businesses. There has been an increasing growth of cyber crimes in India.  These unlawful acts involves computer device where computer can be a weapon in hand or mark of attack.

Cyber crimes are categorized under two segments, i.e., where:-

Computer is a weapon:-

Cyber terrorism, Infringement of Intellectual Property Rights, money laundering frauds, Exchange fund Transfer frauds, pornography etc are some of the popular cyber crimes undertaken by cyber frauds. The following are some well-known methods of conducting cyber crimes:-

  • Internet Phishing
  • Spoofing
  • Farming
  • Wire transfer

Computer is a mark of attack:-

Hacking, virus attacks, DOS attacks etc. are ways through which cyber frauds bring threat to your system.

The rise of aforementioned crimes gives birth to ‘Cyber Laws’ that address and define the legal issues or aspects pertaining to cyberspace. These cyber laws are connecting point of many other legal areas that in one way or other impact intellectual property, privacy, constitutional right of freedom of speech & expression and other legal jurisdictions.

Cyber Laws to deal with cyber crimes

In India, we mainly have Information Technology Act, 2000, which to an extent, has helped in handling these cyber crimes. It has triggered fear in the minds of cyber-terrorists and will bring a fear of legal repercussions before conducting such acts.  Today, most of the transactions and communications are made via cyberspace and are carried via electronic means. The trend is prevalent in almost all the segments of operations including Government departments. This Act has introduced a legal framework to authenticate, supervise, secure electronic records by way of digital signature, encryption modes etc. Still, the act needs transitioning, improvement and timely amendments as per the forthcoming needs in the system. As a result, fewer lawyers understand and specialize in the field of cyber law. Consult a cyber law specialist for your business here.

How Cyber Laws are beneficial?   

Cyber laws bring ample of advantages for the e-businesses and it’s time to make note of them in order to make the best use of them.

Legal Infrastructure:

Cyber Laws provide legal framework and set-up for e-commerce companies in order to carry their virtual businesses safely.

Legal Validity:

The IT Act has introduced digital signatures that have enhanced legitimate security in the online transactions and also ensures data protection for companies to a substantial extent.

Business opportunities:

Cyber Laws allows corporate companies or professionals to enter in the business of being ‘Digital Signature’ issuing ‘Certifying Authorities’.

Hassle Free transactions:

With the advent of cyber laws, electronic transactions can be successfully made with least hassles and more security.

Legal remedies:

The Act provides statutory remedy and legal support to companies, if anyone tries to conduct cyber crimes in the form of monetary compensation or imprisonment. Chapter XI of the IT Act, 2000 mention ways and protective remedies that deal with such crimes.

Conclusion

Internet and cyberspace enables people to perform innumerable transactions that can promote business, facilitate convenience and gives access to a world of knowledge. These Cyber Laws despite certain lacunas do provide viable protection against cyber crimes. Still, there is a vast scope of reformation in the Acts and there is a requirement of effective provisions as well as effective implementation of these provisions. The war against Cyber crimes has been initiated but there is a need of legal weapons to excruciatingly curb them.

 

 

Comments

One Comment

  • Kamal Dave
    March 14, 2016 at 2:51 pm

    The scope of Cyber Law has enhanced substantially.

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