WHAT IS CYBER LAW ???

Rapid growth of the Internet and cyberspace . Thus Cyber space is governed by a system of law and regulations called cyber law. It includes privacy laws and IPR .

NEED & IMPORTANCE OF CYBER LAWS

Tackling

Cyber Crime Successfully. smooth functioning of e commerce. virtual communication Increasing use of net banking and mobile banking. Economic efficiency

TYPES OF CYBER CRIME:

Against

Individual Harassments via emails Cyber stalking Spam Against society Cyber terrorism Against Organization Trafficking Unauthorized information

CYBER CRIME
The Computer as a Target Hacking, Virus/Worm attacks, DOS attack etc The Computer as a Weapon Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.

AREAS COVERED UNDER CYBER LAW

Copyright law Software Trademark law Patent law Data Protection and Privacy Laws

INFORMATION TECHNOLOGY ACT

12

th nation in the world to enact a Cyber law. (Came into existence on October 17, 2000.) We in India also have had a vision to become the 12th nation in the world to enact a Cyber law.

OBJECTIVES
To

provide legal frame work and infrastructure for ecommerce and INTERNET legal sanctity is accorded to all electronic records and other activities carried out by electronic means.

ESSENCE OF THE ACT

Legal recognition Electronic filling Electronic contract Authentication of electronic records

ADVANTAGES
Helpful to promote e-commerce Enhance the Corporate Business Filling Online Forms

SHORTCOMINGS OF I.T. ACT

No protection for Domain Names. The act is not applicable on the IPR, Trademarks, Copyrights and Patents. No right to insist on Electronic Filling Regulations of Payments.

DIGITAL SIGNATURES
Authentication

using a Digital Signatures Verification of Digital Signatures Legal recognition of the Digital Signatures

ARIF AZIM CASE

First case of cyber crime conviction in India SonySambandh .com website enabled NRIS to send Sony products in india In may 2002 someone under the identity of Barbara Campa logged in and ordered a few items. A lady gave her credit card number for payment and requested that the products be delivered to arif Azim in Noida . . The payment was duly cleared by the credit card agency and the transaction processed. Card agency informed the company that this was an unauthorized transaction as the real owner had denied having made the purchase.

....
Mpany lodged a complaint for online cheating at the CBI Investigation and arif azim was arrested. Investigations revealed that arif azim , while working at a call centre in noida gained access to the credit card number of an american national which he misused on the companys site. The accused admitted his guilt and he was convicted under section 418, 419 and 420 of the indian penal code this being the first time that a cyber crime has been convicted. Punishment- the court released the accused on probation for one year.

FUTURISTIC APPROACH

There is a need for adopting a futuristic approach while using new technology to leap frog into future growth and development.
We

need to establish a regulatory and policy framework in such a manner so that, the same is enabling in nature and allows the adoption and easy access to technologies. We also need to change mindsets of political leadership in the country in such a manner so as to make it more technology savvy. Our proclaimed goals are for the establishments of a sovereign, socialist, security, democratic, republic.

CHALLENGES
The important issue before government and policy makers is how to piggy ride advantages of new technology and how to harass its benefits for the purpose of administration of justice.
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Conclusion
We

gather from all the above information that cyber laws are very necessary in any country for the proper regulation of Internet activities. The Information Technology Act, 2000 is a historical step taken by the country to solve the problem of increasing number of cyber crimes. Although this act covers a lot of areas, it also has its shortcomings and thus, a few amendments are needed for correct regulation of cyber crimes.