Cyber Laws, Safety and Security in India Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Introduction

The world is experiencing rapid technological progress, facilitated by advanced digital innovations that enable global connectivity.

• Rapid Technological Advances: The world is witnessing continuous advancements in technology.
• Digital Innovations: Advanced digital innovations are creating fresh opportunities for global connectivity and communication.
• The Internet: Defined as a system architecture revolutionizing global communications and commerce by linking computer networks worldwide.
• Cyberspace: Refers to the computer-generated world of the internet involving interactions among people, software, and services.
• Complexity of Information: With the growth of information and the internet, maintaining operational systems is crucial for safety and security.

Why do we need Cyber Laws?

• Background: When the internet was created, its potential for widespread impact was not fully understood. Over time, it has become a powerful tool that can be misused for illegal activities.
• Internet Expansion: Internet usage has grown significantly in recent years, becoming an integral part of daily life for many people.
• Anonymous Nature: The anonymity of the internet enables various criminal activities to be conducted without easy detection.
• Importance of Cyber Law: Cyber Law is crucial as it encompasses all transactions and interactions online. It is essential because virtually every online action has legal implications.
• Scope of Cyber Law: Cyber law impacts anyone using the internet, from registering a domain name to resolving disputes related to online intellectual property.

What is Cyber Law ?

Cyber law pertains to legal matters concerning the use of interconnected information technology.

• It delineates the legal rights and constraints governing technology.
• In essence, cyber law governs computers and the internet.

1. Scope of Cyber Law:
   • Cyber law covers various aspects, including:
   • - Laws associated with Cybercrimes
   • - Regulations on Electronic and digital signatures
   • - Protection of Intellectual property
   • - Measures for Data protection and privacy
2. Evolution of the Internet:
   • The Internet originated as a tool for research and information exchange, initially lacking regulation.
   • Over time, it transitioned into a platform for transactions such as e-business, e-commerce, e-governance, and e-procurement.
3. Significance of Cyber Laws:
   • All legal issues concerning internet-related crimes are addressed through cyber laws.
   • With the escalating number of internet users, the importance of cyber laws and their enforcement has significantly increased.

What is Cyber Safety and Security ?

• Cyber Safety Definition: Cyber safety involves the secure and responsible utilization of information and communication technology.
• Core Concerns: Cyber safety goes beyond just safeguarding information; it also entails responsible behavior online and showing respect to others in the digital realm.
• Ensuring Cyber Safety and Security: This involves the implementation of laws and the deployment of various technologies, processes, and practices intended to shield networks, computers, programs, and data from breaches, harm, or unauthorized entry.

What is Cyber-crime ?

Cyber-crime involves criminal activities carried out in cyberspace with malicious intent. Any offense or criminal act where a computer is utilized falls under cyber-crime.

• Examples of Cyber-crime: Cyber stalking, Computer vandalism, Data theft, Hacking, Phishing, Mail fraud, etc.
• Legal Definition: While not explicitly defined in certain laws like the Information Technology Act of 2000 or the National Cyber Security Policy of 2013 in India, the National Cyber-crime Reporting Portal defines it as any illegal act involving the use of a computer, communication device, or network to commit or aid in the commission of a crime.

Categories of Cyber-crime

Cyber-crimes can be categorized into three major categories:

• Cyber Crime against Person: Includes cyber stalking, cyber harassment, transmission of child pornography, etc.
• Cyber Crime against Property: Involves computer trespassing, vandalism, unauthorized possession of computerized information, etc.
• Cyber Crime against Government: Cyber terrorism is a distinct crime in this category.
• Cyber Harassment: Harassment in cyber space can be sexual, racial, religious, or other types, including the violation of privacy of netizens (online citizens).
• Cyber Bullying: Cyber Bullying involves bullying using cyber space and devices like cell phones, tablets, laptops, etc. It can occur through SMS, email, social forums, gaming, etc.

1. Cyber Bullying and Online Gaming

• Video games are a common platform for cyber bullying where poor performance can lead to exclusion and negative remarks.
• Bullies may use games to obtain personal information, a tactic known as Doxing, making children and parents vulnerable to harassment.

2. Hacking as a Cyber-crime

• Hacking is a serious cyber-crime where a stranger intrudes into a computer system without consent, tampering with confidential information.
• Hacking into government or military websites can lead to cyber terrorism.

Attack on World Trade Centre: The September 11, 2001 attack demonstrated the use of cyberspace for terrorism, where terrorists gained access to government resources to execute attacks.

3. Cybersecurity

• Cybersecurity involves protecting information, equipment, devices, computers, and communication devices from unauthorized access, use, disclosure, disruption, modification, or destruction.

Cyber Law in India

In India, cyber laws are governed by the Information Technology Act of 2000, which became effective on October 17, 2000. This Act aims to legally recognize transactions conducted through electronic data interchange and other electronic communication methods, commonly known as electronic commerce, and to simplify the submission of electronic records to the Government.

History of Cyber Law in India

In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Commerce to establish consistency in laws across different countries.

• Model Law on Electronic Commerce: Aims to facilitate electronic commerce by providing universally acceptable rules to enhance legal predictability and remove obstacles.
• Equal Treatment: Essential for promoting paperless communication and enhancing efficiency in international trade.
• India's Adoption of Cyber Law: India became the 12th country to enact cyber laws with the passage of the Information Technology Act in 2000.

Scope or Extent of The Information Technology Act, 2000

• Extent of the Act:

  The Information Technology Act, 2000 covers the entirety of India.

  It is applicable to offenses committed outside India if they involve a computer, computer system, or network in India.

• Cybercrime Definition:

  Cybercrime, as recognized by Indian courts, refers to offenses targeting individuals or groups with the aim of harming reputation or causing harm, directly or indirectly, using modern communication networks.

  It includes acts over the Internet (like chat rooms, emails) and mobile phones (Bluetooth, SMS, MMS).

• Legal Infrastructure:

  The Act supports e-commerce, electronic records such as online contracts, and other electronic activities.

  It addresses electronic governance and cybercrimes.

• Definition of Digital Signature:

  Digital Signature, as per the IT Act, is the authentication of an electronic record by a subscriber using electronic means.

Interesting Fact: The Information Technology Act, 2000 defines Digital Signature as the authentication of any electronic record by a subscriber using electronic methods or procedures.

 What was Section 66A IT Act, 2000 ?

• What was Section 66 A IT Act, 2000?
  • Section 66 A of the IT Act, 2000 criminalized sending 'grossly offensive' or 'menacing information' via computer or communication devices.
  • Inserted in 2009 to combat cyber crimes like sharing explicit content, identity theft, phishing, and offensive messages.
  • However, the section's broad terms led to confusion as interpretations of 'grossly offensive' varied.
• Shreya Singhal v. Union of India Case:
  • In 2012, a batch of writ petitions challenged Section 66A under Article 32, citing violations of free speech under Article 19 of the Indian Constitution.
  • Concerns included the section's ambiguity, lack of specific definitions, and infringement on free speech rights.
• Supreme Court Decision:
  • On March 24, 2015, the Supreme Court deemed Section 66A unconstitutional, violating Article 19(1)(a) of the Indian Constitution