What Is Cyber Law?

Cyber law is any law that applies to the internet and internet-related technologies. Cyber
law is one of the newest areas of the legal system. This is because internet technology
develops at such a rapid pace. Cyber law provides legal protections to people using the
internet. This includes both businesses and everyday citizens. Understanding cyber law
is of the utmost importance to anyone who uses the internet. Cyber Law has also been
referred to as the "law of the internet."
Categories of Cyber Crime
Generally, there are three major categories of cybercrimes that you need to know about.
These categories include:

• Crimes Against People. While these crimes occur online, they affect the lives of
actual people. Some of these crimes include cyber harassment and stalking,
distribution of child pornography, various types of spoofing, credit card fraud,
human trafficking, identity theft, and online related libel or slander.
•
• Crimes Against Property. Some online crimes happen against property, such as
a computer or server. These crimes include DDOS attacks, hacking, virus
transmission, cyber and typo squatting, computer vandalism, copyright
infringement, and IPR violations.
•
• Crimes Against Government. When a cybercrime is committed against the
government, it is considered an attack on that nation's sovereignty and an act of
war. Cybercrimes against the government include hacking, accessing
confidential information, cyber warfare, cyber terrorism, and pirated software.

Most of these types of cybercrimes have been addressed by the IT ACT of 2000 and
the IPC. Cybercrimes under the IT ACT include:

• Sec. 65, Tampering with Computer Source Documents.

• Sec. 66, Hacking Computer Systems and Data Alteration.
• Sec. 67, Publishing Obscene Information.
• Sec. 70, Unauthorized Access of Protected Systems.
• Sec. 72, Breach of Confidentiality and Privacy.
• Sec. 73, Publishing False Digital Signature Certificates.

Special Laws and Cybercrimes under the IPC include:

• Sending Threating Messages by Email, Indian Penal Code (IPC) Sec. 503.
• Sending Defamatory Messages by Email, Indian Penal Code (IPC) Sec. 499
• Forgery of Electronic Records, Indian Penal Code (IPC) Sec. 463
• Bogus Websites & Cyber Fraud, Indian Penal Code (IPC) Sec. 420
 • Email Spoofing, Indian Penal Code (IPC) Sec. 463
• Web-Jacking, Indian Penal Code (IPC) Sec. 383
• Email Abuse, Indian Penal Code (IPC) Sec. 500

There are also cybercrimes under the Special Acts, which include:

• Online Sale of Arms Under Arms Act, 1959

• Online Sale of Drugs Under Narcotic Drugs and Psychotropic Substances Act,
1985

Types of Cyber Crimes:

There are numerous types of cybercrimes. Some popular type of crimes are as below:-

Hacking:

This is the most popular type of crime, which is related to unauthorised access to the
computer system. The computer system is broken into so that the sensitive information
can be accessed. This involves use of a variety of criminal software by hackers to gain
access to a person’s computer without realizing it. This is different from ethical hacking.

Data theft:

This simply means stealing data, for normal or illegal usage. This happens when a
person violets copyrights and steals music, movies, games and software. This type of
crime is costing the copyright industry a huge money. The legal system is working on
making stronger laws that prevent people from unlawful downloading.

Identity theft:

This is different from data theft. This produces a greater threat to the people using
computers for transaction and banking services. This is used to steal money or buy
things through accessing credit/ debit card, bank account or any other sensitive
information, by criminals in an individual’s name. This results in major financial losses or
even vanishing the credit history.

Cyber Stalking:

This involves use of a computer system to harass the victim. It has been defined as the
use of information and communications technology, particularly the Internet, by an
individual or group of individuals, to harass another individual, group of individuals, or
organization. The behaviour includes false accusations, monitoring, the transmission of
threats, identity theft, damage to data or equipment, the solicitation of minors for sexual
purposes, and gathering information for harassment purposes.

Cyber Law in India

Cyber law is a term used to describe the legal issues related to the unlawful activities on
cyberspace, i.e. the internet. In nutshell cyber law is an attempt to counter the
challenges presented by human activity in cyberspace with a legal system of laws
applicable to the physical world. In India, cyber laws are contained in the Information
Technology Act, 2000 (IT Act) which came into force on October 17, 2000. The main
purpose of the Act is to provide legal recognition to electronic commerce and to facilitate
filing of electronic records with the Government.

IT Act 2000 has triggered amendments to existing acts to include IT offences related
provisions. Below is the list of other main Acts which are amended by IT Act.

1. The Indian Penal Code, 1860:- IT Act 2000 has amended the section dealing with records
and documents in the IPC by inserting word ‘Electronic’ there by treating the electronic
records and documents on a par with physical records and documents.
2. The Indian Evidence Act 1872:- Prior to passing the IT Act, all evidence in a court was in
the physical form only. With the IT Act giving recognition to all electronic records and
documents. In the definitions part of the Act itself, the all documents including electronic
records were substituted. Words like ‘digital signature’, ‘electronic form’, ‘secure
electronic record’ ‘information’ as used in the IT Act, were all inserted to make them part
of the evidentiary mechanism in legislation.
Cyber Law Trends
Cyber law is increasing in importance every single year. This is because cybercrime is
increasing. To fight these crimes, there have been recent trends in cyber law. These
trends include the following:

• New and more stringent regulations.

• Reinforcing current laws.
• Increased awareness of privacy issues.
• Cloud computing.
• How virtual currency might be vulnerable to crime.
• Usage of data analytics.

Creating awareness of these issues will be a primary focus of governments and cyber
law agencies in the very near future. India, for instance, funded cyber trend research
projects in both 2013 and 2014. In addition, India holds an international conference
related to cyber law every year since 2014. The goal of this conference is to promote
awareness and international cooperation.
Cyber Law and Intellectual Property
An important part of cyber law is intellectual property. Intellectual property can include
areas like inventions, literature, music, and businesses. It now includes digital items that
are offered over the internet. IP rights related to cyber law generally fall into the
following categories:
 • Copyright. This is the main form of IP cyber law. Copyrights provide protection to
almost any piece of IP you can transmit over the internet. This can include books,
music, movies, blogs, and much more.
• Patents. Patents are generally used to protect an invention. These are used on
the internet for two main reasons. The first is for new software. The second is for
new online business methods.
• Trademarks/Service Marks. Trademarks and service marks are used the same
online as they are in the real world. Trademarks will be used for websites.
Service marks are used for websites that provide services.
• Trade Secrets. Trade secret laws are used to protect multiple forms of IP. This
includes formulas, patterns, and processes. Online businesses can use trade
secret protections for many reasons. However, it does not prevent reverse
engineering.
• Domain Disputes. This is related to trademarks. Specifically, domain disputes are
about who owns a web address. For instance, the person who runs a website
may not be the person who owns it. Additionally, because domains are cheap,
some people buy multiple domains hoping for a big payday.
• Contracts. Most people don't think contracts apply online. This is not the case.
For example, when you register for a website, you usually have to agree to terms
of service. This is a contract.
• Privacy. Online businesses are required to protect their customer's privacy. The
specific law can depend on your industry. These laws become more important as
more and more information is transmitted over the internet.
• Employment. Some employee contract terms are linked to cyber law. This is
especially true with non-disclosure and non-compete clauses. These two clauses
are now often written to include the internet. It can also include how employees
use their company email or other digital resources.
• Defamation. Slander and libel law has also needed updating because of the
internet. Proving defamation was not altered substantially, but it now includes the
internet.
• Data Retention. Handling data is a primary concern in the internet age. An area
where this has become a big issue is in terms of litigation. In lawsuits, it is now
common to request electronic records and physical records. However, there are
no current laws that require keeping electronic records forever. This is not true
for physical records.
• Jurisdiction. Jurisdiction is a key part of court cases. Cybercrime has complicated
this issue. If a cybercriminal is located in Minnesota and their victim is located in
North Carolina, which state has jurisdiction? Different states have different rules
about this issue. Also, it can depend on in what court, federal or state, a case
was filed.
Protecting IP can be difficult over the internet. An example of this would be the
popularity of pirated movies and music. Each business that relies on the internet needs
to develop strategies for protecting their IP. Governments can also take part in this
process. In 1999, India did just this by updating their IP laws.
Cyber Security Strategies
Besides understanding cyber law, organizations must build cybersecurity strategies.
Cybersecurity strategies must cover the following areas:
• Ecosystem. A strong ecosystem helps prevent cybercrime. Your ecosystem
includes three areas—automation, interoperability, and authentication. A strong
system can prevent cyberattacks like malware, attrition, hacking, insider attacks,
and equipment theft.
• Framework. An assurance framework is a strategy for complying with security
standards. This allows updates to infrastructure. It also allows governments and
businesses to work together in what's known as "enabling and endorsing'.
• Open Standards. Open standards lead to improved security against cybercrime.
They allow business and individuals to easily use proper security. Open
standards can also improve economic growth and new technology development.
• Strengthening Regulation. This speaks directly to cyber law. Governments can
work to improve this legal area. They can also found agencies to handle cyber
law and cybercrime. Other parts of this strategy include promoting cybersecurity,
proving education and training, working with private and public organizations,
and implementing new security technology.
• IT Mechanisms. There are many useful IT mechanisms/measures. Promoting
these mechanisms is a great way to fight cybercrime. These measures include
end-to-end, association-oriented, link-oriented, and data encryption.
• E-Governance. E-governance is the ability to provide services over the internet.
Unfortunately, e-governance is overlooked in many countries. Developing this
technology is an important part of cyber law.
• Infrastructure. Protecting infrastructure is one of the most important parts of
cybersecurity. This includes the electrical grid and data transmission lines.
Outdated infrastructure is vulnerable to cybercrime.
Mitigating Risk
The purpose of cyber law is to reduce risk. This can be done in several ways. Some of
the most effective risk reduction strategies of cyber law include the following:

• Cybersecurity Research and Development.

• Threat Intelligence.
• Improved Firewalls.
• The Use of Protocols and Algorithms.
• Authentication.
• Focusing on Cloud and Mobile Security.
• Cyber Forensics.
Another way cyber law can prevent cybercrime is by protecting the supply chain.
Interruptions in the supply chain pose big security risks. This is especially true when
equipment is allowed to be altered. Protecting the supply chain is key in preventing
cybercrime.
Human resource departments can also reduce risk. There are three major ways to do
this:

1. Realizing employees may be security risks.

2. Promoting ethical and realistic security mechanisms.
3. Recognizing employees that may be risks.
4. Promoting awareness.

Information sharing is also a key risk-reduction strategy. The best way to do this is with
mandatory reporting. When a business is a victim of cybercrime, reporting it right away
can reduce further threats. The U.S. promoted this with the Cybersecurity Information
Sharing Act of 2014 (CISA).
Lastly, businesses can use a strong security framework. A good framework has three
parts:
• The Core. These are activities that allow business to identify, protect, detect,
respond, and recover from cyber threats.
• Implementation Tiers. This describes how advanced a business's security system
is. The tiers are Partial, Risk-Informed, Repeatable, and Adaptive. Businesses
should strive for the Adaptive tier.
• Framework Profile. This is a database where businesses record information
about their strategies. This can include concerns and plans for new
cybersecurity.
Network Security
Every network needs advanced security. This includes home networks. The most
effective way to improve network security is by using the right technology. Network
security technology includes the following:
• Active Devices. Active devices help a network deal with too much traffic. They
also prevent unauthorized traffic. These devices can include either software
based or hardware based firewalls, antivirus devices or software, and content
filtering devices.
• Passive Devices. The most common preventive device is an intrusion detection
device. These devices help to recognize unwanted internet traffic.
• Preventative Devices. Many devices are focused on preventing network threats.
These are called preventative devices. These devices can include network
scanners and penetration testers.
• Unified Threat Management. These are complete security devices. They can
include content filtration, firewall technology, and web caching.
New Cyber Laws
Technology is constantly updating. This means that laws must also be constantly
updated. Although U.S. law has remained the same for a long time, five laws were
passed in 2014:

• National Cybersecurity Protection Act (NCPA).

• Cybersecurity Enhancement Act of 2014 (CEA).
• Federal Information System Modernization Act of 2014 (FISMA 2014).
• Cybersecurity Workforce Assessment Act (CWWA).
• Border Patrol Agent Pay Reform Act (BPAPRA).

Most of these laws were meant to update existing legislation. FISMA 2014 updated the
framework for security controls. NCPA was meant for information sharing between the
private sector and the government.
The CEA was one of the most important bills. It may affect private organizations. This is
because it promotes developing voluntary cybersecurity standards. This law
strengthens the informal mission of the National Institute of Standards and Technology
(NIST). The CEA also covers areas once covered by the Federal Financial Institutions
Examination Council (FFIEC).
Both the NIST and FFIEC were informal standards. The CEA is a law and more binding.
This is particularly useful for resolving disputes resulting from cybercrimes. Businesses
need to understand the rules of the CEA.

Types of E-commerce
E-commerce/e-business may be classified at large in the following six basic
types:

Business to Business (B2B)

Refers to all electronic transactions of goods and sales that are conducted
between two companies, generally between the producers and wholesalers.
The famous website acting as a catalyst between such wholesalers and
producers maybe India-mart.

Business to Consumer (B2C)

Various predominant e-commerce persisting in India wherein the customer
gets a big market to purchase goods and services. Here, the E-commerce
website serves as a platform for the sale of the goods directly to the end-
consumer of the products. For instance Flipkart, Amazon, Myntra etc.

Consumer to Consumer (C2C)

Generally this model uses the online platform of money and various social
media for its existence. The widespread known phenomenon of “OLX pe
Bech de!” can be the best example to understand E-Commerce at the
consumer to consumer-level basis. Example: eBay is one global example of
this kind of e-commerce.

Consumer to Business (C2B)

When the Customer provides goods or services in exchange for money. For
Ex. A customer review or the advertisement of a company by an influencer
amongst his followers etc.

Business to Administration (B2A)

This e-commerce category refers to the services and products offered by the
companies to the Public Administration. For Instance: the small company
providing IT support to the local administrative body

Consumer to Administration (C2A)

This heading includes all the transaction whereby there is a payment made
electronically towards the public administration such as taxes, health
appointment.

Important Issues in Global E-commerce

Although E-commerce is something which brings so many advantages and
utility it comes with its own set of technical difficulties and consequences. E-
commerce being a Global phenomenon, its issues also have global
characteristics. Few of the important issues in global e-commerce can be
understood as below:

1. Legal aspects of e-commerce: As discussed earlier, the e-

commerce model legislation has been accepted by the UNCITRAL,
but whenever an international model code is formulated it is
accompanied with its own safeguards to the individual state
sovereignty wherein the Municipal Legislation keeping the model laws
as standards may deviate in accordance to its own municipal laws.
2. E-security: the security of the end-users has always been a matter
of grave concern globally since the internet has netted two ends of
the globe now it is easier for a person(hacker) to sit in his remote
physical location and cause the data or financial breach of the
Victims.
3. Jurisdiction: the Internet is open to the globe and hence the
jurisdiction of the cases has been given to all the courts.
4. Contracts and Liability: the E-contracts made in the cyber-world
have been given legal recognition and the liabilities are also
enforceable but the same becomes a mammoth task when parties
 belong to two different nations and have not made a clause
regarding the application of specific law.
5. Taxation: Various facets of taxation such as tax collection, collection
of sales tax, determination of taxpayer’s residence, determination of
the origin of income, jurisdiction are inherently a difficult task in the
plane of taxation, but on integration with the fact of expansion of the
market to the present scale of globe the calculation of the Taxes
becomes additionally difficult, wherein various nations apply various
tax evaluation methods in accordance to their own legislations.
6. Copyrights: Global e-commerce is like an ever-expanding universe
of sellers and buyers and products, it becomes difficult to keep a tap
at the copyright violation in such a huge number to deal with.

Pros and Cons of E-commerce

Advantages of e-commerce

1. It’s a Business platform unaffected by the barrier of time and

distance: the space of functioning of E-commerce is the internet
which may be accessed from any point of the globe with minimal
setup required. The barriers conventionally faced by any business
regarding the limitations of time and distance, is not there for the e-
commerce houses.
2. Lowers the Cost of sale: The availability of the big number of options
at the very click allows to compare the cost of various commodities
and services and allowing to select the best product at the best price.
3. Cheapest means of doing business: the Advantage of having an
entity based upon the server is that the business although occupies a
digital space in servers but need not invest on the physical space
whereby improving the quality of the products via the money saved
on the means.
4. Less delivery time and less labour cost etc: the Fundamentals of the
pricing of any products or services is the amount of money or sweat
invested into it, the e-commerce by annulling the need of physical
contact reduces the efforts which might have been otherwise
required.
5. Provides solution by decimating cost in price fixation: the major
chunk of price fixation depends upon the cost incurred by the
business runner since e-commerce reduces the costs incurred by the
sellers to a large extent hence it decimates the final cost before
reaching the consumer.
Buyer’s Advantages from E-Commerce

1. Reduction in the buyer’s sorting out time: The E-commerce

functions predominantly in well-managed websites or applications
having various filters to produce the list of products as wanted by the
individuals in accordance with their individual needs.
2. Better buyer decision: the availability of various viable options to
compare to the E-space becomes an empowering platform in many
ways for the customers. The access to the information available on
the net about the product makes the customer more enabled to
make better-informed choices.
3. Less time spent in resolving invoice and order
discrepancies: the major e-commerce players have standardised
the resolution of the discrepancies through use of well-trained
customer executives or recently trending bots having all the required
answers to various queries raised before it.
4. Increased opportunities for buying alternative
products: availability of so many options at the very click allows the
consumer to compare the cost of various commodities and services
and allowing to select the best product at the best price and also
venture into the purchase of the alternative products.

Disadvantages of e-Commerce

1. Fewer people using E-commerce: Indian trade depended heavily

on the local traders and businessmen who were unorganised to run
the show at the grassroots levels. Average household still prefers the
physical market over e-market, there has been a great increase in
the number of internet users but it has yet not attained the
preference similar to the level of Local markets.
2. Unable to personally or physically examine the product: the
physical examination of the product has always been a must for a
conventional purchase of commodities, giving the purchaser a sense
of control over the quality of the goods or services to be consumed,
but in the era of e-commerce these conventional methods are losing
their glory.
3. Special and costly hardware and software are
required: Although the presence in the digital world requires lesser
investments that of physically purchasing a place but, the spending
on the software then increases and so does the spending on the
hardware.
4. The website must be maintained and updated regularly: the
platform of communication between the consumer and the seller
being the internet, regular maintenance of the same is a must in
order to keep up the tempo of the services offers to rise.
5. Skilled people are required to maintain the website: the skilled
people are required to not just maintain the level but to constantly
keeping on improving into a better and better platform as it provides
the safety to the surfers of the website from the antagonist software
or viruses.
6. Not suitable for perishable commodities: the situations where
the money has to be spent on e-commerce items ends up increasing
the investment made by the seller hence reducing his profits. Hence
e-commerce is not suitable for Perishable commodities. But the
entities such as that of Big Basket have tapped into this market
sector of the consumers already.