Evolution of Cyber Law in India

In the last two decades, with the advancement of computer and internet technology, the cyber-crimes have exponentially evolved and affected not only the businesses but also the people at personal level globally. There are different types of crimes evolved in the cyber space such as hacking, computer viruses, identity theft, bank fraud, phishing, cyberterrorism, cyberextortion, ransomware, cybersex trafficking, cyberwarfare, etc. Therefore, in order to combat and curb all these crimes, cyber law is legislated.

What is the Meaning of Cyber Law?

Cyber law is one of the newest pieces of legislation that is design to combat the growing crimes in the cyberspace. Cyberspace, on the other hand, is comprehensive term that refers the virtual environment created by a complex series of computer systems connected through internet. It is a conceptual space where digital data, information, and communications stored and shared.

Likewise, we can say that cyberspace is the online world where people can access (different websites), send (emails), share (personal and professional details, like resume, and other such documents), exchange (photographs, information, etc., and communicate (through chatting, voice, or video call) their personal and professional information in digital form.

So, it is essentially not a physical space, but a comprehensive or collective term used for the interconnected digital realm where all sorts of online activities and interactions take place. In gist, cyberspace encompasses the computer systems connected with internet and all the digital infrastructure that supports it.

Cyber law, on the other hand, is very important, as it covers almost all aspects of transactions and activities on and involving the internet, World Wide Web and cyberspace. Likewise, every action and reaction in cyberspace is covered under cyber legal perspectives.

Why do we Need Cyber Law?

In today’s technologically advanced environment, the world is becoming more and more digitally sophisticated. People of all classes and businesses are relying on computer systems and internet, which ultimately given birth to verities of (cyber) crimes that is impossible to govern and regulate by using existing and conventional laws.

So, following are the reasons that define why do we need cyber law −

• To Cover Under a Defined Legal System − The primary purpose of the law is to define and cover all such activities happen through cyberspace; so that it can be governed under a defined legal system

• To Protect the Rights and Privacy of People and Businesses − As the existing laws do not cover the new dimension of computer technology; and, it may not cover the growing crimes sufficiently; in such a condition, a specialized or specifically cyber law is necessary to safeguard the rights, privacy, and other personal data of individuals stored in the cyberspace. Likewise, the specialized cyber law defines the legal standards for data protection, online privacy, and digital rights and ensure that individuals are not subject to unwarranted intrusion or violation of their rights in cyberspace.

• To Provide Cybersecurity − The increasing incidence and threat of cybercrimes such as hacking, data breaches, online fraud, bank fraud, etc., essentially need specialized law that can potentially provide a well-defined legal framework to curb and prevent cyber-crimes. The defined rules can strengthen the legal system to prosecute the cybercriminals properly and can establish legal mechanisms for enhancing cybersecurity.

• To Provide Legal Validation to E-Commerce and Contracts − Cyber law provides legal validation to the electronic commerce by establishing the legal validity of electronic contracts and transactions. It ensures that the online agreements are equally valid and enforceable and the parties engaged in e- commerce are protected under cyber law.

• To Provide Legal Validation to Digital Signatures and Authentication − It validates the use of digital signatures for authentication and verification of electronic documents, which makes the digital transactions valid and legally binding and secure.

• To Protect the Intellectual Property Rights − Cyber law protects the intellectual property rights in digital form. It governs the issues related to copyright infringement, online piracy, and unauthorized distribution of digital content.

• To Provide Protection to Online Defamation and Cyberbullying − Cyber law recognizes and provides a well-defined legal remedies against online defamation, harassment, and cyberbullying. It ensures that the victims of online harassment or cyberbullying have legal recourse to protect their reputation and well-being.

• To Regulate Online Content − Cyber law establishes defined guidelines for the regulation of online content, ensuring the harmful or illegal material is restricted or removed from the internet. It maintains a balance between free speech and preventing harmful online activities.

• To Resolve the Issues of Jurisdiction and Cross-Border Problems − As the internet does not follow any physical or political boundaries, cyber law specifically addresses jurisdictional issues and determines which laws will be applied in cross-border cybercrimes and disputes. Likewise, it helps to resolve legal conflicts that cover multiple jurisdictions.

• To Provide National Security − In some of the cases, cyber law plays a role in defining legal measures to protect critical national infrastructure from cyber-attacks and threats.

• To Promote E-Governance − Cyber law provides the legal framework for the implementation of e-governance initiatives and ensure that digital interactions between citizens and government are legally recognized and secure.

• To Provide Consumer Protection − Cyber law defines provisions that provide consumer protection involved in e-commerce and defines dispute resolution mechanisms.

Likewise, cyber law is demand and indispensable tool required to regulate and govern the digital landscape, provide legal protections to individuals and organizations, curb cybercrimes, protects national security, and ensures that the rights and interests of all stakeholders in the digital world are secured. It is essentially required for maintaining the integrity, security, and trustworthiness of cyberspace.

What is the Meaning of Cyber Crime?

Cybercrime refers to all those illegal or criminal activities that committed through computer and internet space in the cyberspace environment. It covers a wide range of illegal activities those are committed online or digitally. These crimes are often aimed at exploiting digital technology for financial gain, causing harm to others, disrupting digital systems, or even breaching the national security.

Cybercrime includes illegal activities such as hacking, identity theft, online fraud, spreading malware, cyberbullying, cyberstalking, Cybersex trafficking, online harassment, and various other illicit actions that violate the law in the digital realm. The primary intention behind cybercrime is normally financial, personal, or political gain, and it poses significant challenges for law enforcement and cybersecurity professionals worldwide.

Types of Cyber-Crime

Primarily, cybercrime can be classified as −

• The Computer as a Target − This class defines the illegal acts that use a computer to attack other computers with the intention to damage or breach the data of that computers. Such as Hacking, virus or worm attacks, denial- of-service (DoS) attack, etc.

• Computer as a Weapon − This class defines the illegal acts that use a computer to commit real world crimes with the intention to have financial gain, political gain, or such other personal gain. Such as cyber terrorism, IPR violations, bank or credit card frauds, EFT frauds, pornography, etc.

What are the Types of Crimes that Cyber Law Deal with?

Following are the specified areas that cyber law covers −

• Cyber Crimes − The types of crimes that committed over the cyberspace by using computer systems and internet, are categorized as cyber-crimes.

• Electronic and Digital Signatures − As most of the official works are done electronically; hence, for the ease and convenience; to validate these official works and documents, electronic signatures are used. Electronic signatures are valid and acceptable sign of respective person or authority.

• Intellectual Property − Intellectual property refers all those types of property, which are the creation of human mind; such as invention, story, poem, song, design, painting, etc.

• Data Protection and Privacy − It refers the data specifically created and stored in the computers system. There are various types of personal and professional data that need to be protected.

Cyber Laws in India

In India, the primary and main source of cyber law is the Information Technology Act, 2000. The IT Act came into effect on October 17, 2000.

Besides, following are some other regulations that govern cyber law in India −

• Information Technology (Certifying Authorities) Rules, 2000 − These rules of 2000 majorly prescribe the eligibility, appointment, and working of Certifying Authorities (CA).

• Information Technology (Certifying Authority) Regulations, 2001 − The Regulations of 2001 came into force on 9 July 2001. These regulations further provide technical standards and procedures to be used by a CA.

• Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004 − The Rules of 2004 designed to provide the necessary legal framework for filing of documents with the Government as well as issue of licenses by the Government.

• Information Technology (Security Procedure) Rules, 2004 − The Rules of 2004 came into force on 29th October 2004. These rules prescribe provisions relating to secure digital signatures and secure electronic records

• The Indian Penal Code (as amended by the IT Act) − Though amendment, many of the cybercrimes are also covered under the Indian Penal Code; such as forgery of electronic records, cyber frauds, destroying electronic evidence etc.

• Indian Evidence Act (as amended by the IT Act) − Through amendment, the Indian Evidence Act also covered various (relevant) digital data and information as admissible evidence.

Evolution of Cyber Law in India

In the mid of July 1998, first time, Department of Electronics drafted the Bill, but it was introduced in the House on 16 December, 1999, only after the formation of a new IT Ministry. Thereupon, the Bill underwent substantial alteration and changes, as the Commerce Ministry suggested regarding the e-commerce and matters related to World Trade Organization (WTO) guidelines. Then the Ministry of Law and Company Affairs then vetted this joint draft and finally the Union Cabinet approved the bill on May 13, 2000 and on May 17, 2000 both the Houses of the Indian Parliament have passed the Information Technology Bill. Further, the President has given assent on June 9, 2000. Likewise, the Bill became the Information Technology Act, 2000 and it came into force on October 17, 2000.

Over period in time, as technology developed, it has given birth to some new issues and even techniques of committing crime in the cyberspace have also changed. As result of this, the need of amendment arose to insert new provisions to counter the new kinds of cyber offenses and also plug in other loopholes that posed hurdles in the effective enforcement of the IT Act. Likewise, the Information Technology (Amendment) Act, 2008 passed, which was made effective from October 17, 2009.

Recently, the Parliament has introduced more specific measures namely the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to address the social media intermediaries, content removal, cybersecurity, video games, etc.

Information Technology Act, 2000

Unquestionably, in India, a significant milestone in the history of cyber law was the introduction of the Information Technology Act, 2000. This legislation not only has given the recognition to various crimes that evolving in the cyberspace, but also defined their meaning and punishment and let the foundation for the regulating electronic transactions, data security, and digital signatures. It authenticates the electronic records and digital signatures as legally valid and enforceable.

Likewise, the IT Act, 2000 consists of 13 Chapters, total 94 Sections (last 4 Sections i.e. 91, 92, 93, & 94 are omitted by the Information Technology (Amendment) Act, 2008 and has 2 Schedules (originally, there were 4 Schedules, but 3 & 4 omitted by IT (Amendment) Act, 2008).

Information Technology (Amendment) Act, 2008

To further counter the changing nature of cybercrimes and to strengthen the cybersecurity measures, the IT Act, 2000 was compressively amended. Through this amendment, the new provisions were introduced to address issues such as cyberterrorism, data breaches, the use of electronic signatures, and it also established the regulatory authorities such as the Indian Computer Emergency Response Team (CERT-In) to handle cybersecurity and respond to cyber threats.

In response to the changing nature of cybercrimes and the need for stronger cybersecurity measures, the IT Act was amended in 2008. These amendments introduced new provisions to address issues such as cyberterrorism, data breaches, and the use of electronic signatures.

Current Challenges

With the development of cybercrime, subsequent laws have also been legislated time-to-time; however, there are certain ongoing challenges related to the enforcement of laws, the fast pace of technological advancements, and the need for continuous updates to address the emerging cyber threats and other such vulnerabilities.

Conclusion

Cyber law in India has experienced the significant developments over period in time, specifically from 2000. Since then, it continues to evolve to meet the demands of the fast advancing digital era. The truth is, the advancing technology and cyberspace not only open the various new prospects of country’s economy and businesses, but also opened the door for different sophisticated crimes. Therefore, the counter legal frameworks essentially needed to ensure cybersecurity, data protection, and the regulation of digital transactions.

Frequently Asked Questions

What is the importance of Cyber Law in India?

In India, the main goals of cyber law are the legal recognition and control of computerized transactions. Cyber law in India has a number of benefits. It gives legal status to electronic transactions and supports e-commerce in India.

Which is the first cyber law in India?

The Information Technology Act 2000 is the first cyber law in India.

What are the types of cyber laws?

Cybercrime law includes substantive, procedural and preventive law.

What are the various categories of Cybercrimes?

Primarily, cybercrimes can be classified into 3 major categories as −

• Cybercrimes against persons

• Cybercrimes against property or business, and

• Cybercrimes against Government.

Who is the founder of Cyber Law?

Karuppannan Jaishankar is the founding Principal Director & Professor of Criminology and Crime Sciences at the International Institute of Crime & Security Sciences (IICSS).