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S.S. JAIN SUBODH LAW COLLEGE

MANSAROVAR, JAIPUR

For Justice And Peace

SUBJECT- CYBER LAW
TOPIC: Cyber law : Pros and Cons

SUBMITTED TO: SUBMITTED BY:

Ms. RAVEENA KHUTETA MEGHA SINGH RATHORE

ASSISTANT PPROFESSOR B.A. L.L.B. STUDENT
(LAW OF CYBER) 10thSEM ( SECTION A )
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ACKNOWLEDGEMENT

The success and outcome of this project required a lot of guidance and assistance from many
people, and I am extremely fortunate to have got it all along with the completion of my
assignment work. I respectfully thank Out Principal Dr. Gaurav Kataria for giving me this
opportunity to do this assignment work. I am extremely thankful to MS. Raveena Khuteta for
Providing me with all support and guidance which made me complete the assignment on time. I
hope the project will be knowledgeable and helpful in the future.

Thank You
Megha Singh Rathore
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DECLARATION

I hereby declare the project work entitled “Cyber law: pros & cons” submitted to S.S. JAIN
SUBODH LAW COLLEGE, JAIPUR is a record of an original work done by me under the guidance of
Ms. Raveena Khuteta Faculty of Cyber Law and this work is submitted in the partial fulfilment of
the requirement for the award of the degree BA.LLB. The content has embodied in this has not
been submitted to any other University or Institute for the award of any degree or diploma.

MEGHA SINGH RATHORE

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CERTIFICATE

This is to certify that this project assignment of Cyber Law was submitted by Megha Singh
Rathore of BA. LLB. In S.S Jain Subodh college, Jaipur embodies the Bonafede work done under
the supervision Ms. Raveena Khuteta .

Date :

Signature
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CONTENTS

▪ What is Cyber Law?

▪ Cybercrime and Cybersecurity

▪ Categories of Cyber Crime

▪ Cyber Law Trends

▪ Advantages of Cyber Law

▪ Disadvantages of Cyber Law

▪ Conclusion

▪ Bibliography
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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."

India witnesses many cybercrimes annually, with over 44,000 reported cases. Among the states
in India, Karnataka emerges as the leader in terms of cybercrime rates. According to a 2022
report by Statista, the average cost of data breaches was USD 2 million in India. This financial
impact reflects the consequences of data breach incidents. For more detailed statistical
information, please refer here.

Cyber law in India is governed by two key legislations: the Indian Penal Code and the
Information Technology Act of 2000. These legal frameworks provide the necessary guidelines
and provisions to address cybercrime and protect digital assets and individuals’ rights in
cyberspace.

A variety of cybercrimes are addressed by Indian cyber laws, covering two main aspects:
hacking systems and employing them to commit crimes of different magnitudes. Additionally,
Indian cyber law encompasses a comprehensive range of domains, such as intellectual property
rights and privacy rights, among others1.

Cyber law in India encompasses a broad range of subjects, although it is important to note that
the list provided is not exhaustive. Similar concepts may also be addressed in other jurisdictions
globally. The following outlines the various types of cybercrimes and the corresponding cyber
law protections.

1
An Introduction to Cybersecession".
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Cybercrime and Cybersecurity

Areas that are related to cyber law include cybercrime and cybersecurity. With the right
cybersecurity, businesses and people can protect themselves from cybercrime.2 Cybersecurity
looks to address weaknesses in computers and networks. The International Cybersecurity
Standard is known as ISO 27001.

Cybersecurity policy is focused on providing guidance to anyone that might be vulnerable to

cybercrime.3 This includes businesses, individuals, and even the government. Many countries
are looking for ways to promote cybersecurity and prevent cybercrime. For instance, the Indian
government passed the Information Technology Act in 2000. The main goal of this law is to
improve transmission of data over the internet while keeping it safe.

Information is another important way to improve cybersecurity. Businesses, for example, can
improve cybersecurity by implementing the following practices:

• Offering training programs to employees.

• Hiring employees who are certified in cybersecurity.
• Being aware of new security threats.
• Cybercrimes can be committed against governments, property, and people.

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

2
"Cyber crime that wasn't?". Rediff. 19 February 2001. Retrieved 14 April 2015.
3
"Cyber Crimes". www.cidap.gov.in. Archived from the original on 25 February 2004. Retrieved 15 January 2022.
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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 slander4.

➢ 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 violations5.

➢ 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.

4
Cyber Law: A Legal Arsenal For Online Business",
5
"Arrest over tweet against Chidambaram's son propels 'mango man' Ravi Srinivasan into limelight". India Today. 2
November 2012. Retrieved 14 April 2015.
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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

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
cooperation6.

6
Sahu, Saswati Soumya (17 May 2014). "Cyber Forensics: law and practice in India". ipleaders.in. iPleaders.
Retrieved 6 December 2014
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What are the advantages and disadvantages of Cyber Law

The followings are the advantages and disadvantages of Cyber Law:

Advantages of Cyber Law

1. Protecting personal information – Cyber law helps to ensure that our sensitive personal
information, such as our financial and medical records, are kept secure online.

2. Combatting cybercrime – Cyber law helps to deter and punish those who engage in
illegal activities on the internet, such as hacking and identity theft.

3. Promoting fair competition – Cyber law helps to level the playing field for businesses by
prohibiting unfair practices such as cyber espionage and false advertising.

4. Facilitating e-commerce – Cyber law helps to establish rules and regulations for buying
and selling goods and services online, making it easier and safer for consumers to make
transactions.

5. Protecting intellectual property – Cyber law helps to safeguard creative works such as
music, literature, and software from being pirated or used without permission.
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Disadvantages of Cyber Law

1. Complexity and confusion – Cyber law can be difficult to understand and apply, leading
to confusion for individuals and businesses trying to comply with it.

2. Limited jurisdiction – Cyber law can only be enforced within the borders of a particular
country, making it challenging to address cross-border cyber issues.

3. Encroachment on civil liberties – Some argue that cyber law may infringe upon civil
liberties, such as freedom of speech and privacy, in the name of protecting national
security or public order.

4. Slowing down innovation – Cyber law may impose burdensome regulations on new
technologies and innovations, stifling their development and adoption.

5. Lack of universal standards – There is currently a lack of universally agreed upon cyber
laws, leading to discrepancies and conflicts between different countries’ legal systems.

That’s it.
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Advantages of Cyber-Mediation

As with traditional mediation, online mediation allows the mediator to adapt the process to
address the particular needs of the disputants.51 In addition to enhancing some of the benefits
of traditional mediation, there are also advantages to resolving disputes over the Internet: “The
process will allow for greater flexibility, more creative solutions and quicker decisions.”52 In
particular, the benefits of cyber-mediation discussed below include cost savings, convenience
and the avoidance of complicated jurisdictional issues. Cost Savings and Convenience As with
traditional mediation, a benefit of mediation over the Internet is that it can provide substantial
savings when compared with traditional litigation, which can be extremely costly.53 In fact,
cyber-mediation may be the only feasible option for individuals who are unable to afford
traveling long distances, or for those involved in e-commerce disputes for low dollar
amounts.54 With attorney’s fees being perhaps the greatest expense in traditional litigation, or
even sometimes traditional mediation, parties may be able to save a lot of money in cyber-
mediation, where hiring an attorney is often unnecessary.55 For example, if the parties have
determined liability and their dispute is solely over the amount of a monetary settlement, then
the fully automated cyber-mediation websites discussed above may be sufficient to resolve
their dispute.56 In addition, substantial cost savings may also result because online mediation
does not require parties to pay for long-distance phone calls or teleconferencing.57

Perhaps the most recognized benefit of online mediation is that the disputants do not have to
travel lengthy distances to negotiate.58 Since online disputes can arise between individuals
from great distances, and even different countries, at least one of the parties will be required to
travel far if they decide to rely on a traditional dispute resolution procedure.59 Since parties can
participate in cyber-mediation from their respective business locations or residences, this may
lead to reduced costs and the expenditure of less time.60 There is no need to rent a neutral
facility to conduct the mediation and relevant documents and materials are readily available
and do not have to be transported great distances.61
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Disadvantages of Cyber-Mediation
“Electronic communication is no substitute for the ability of face-to-face conversations to foster
important process values of mediation.” Notwithstanding the advantages discussed above,
cyber-mediation also creates has several disadvantages when compared with traditional
mediation. As Joel Eisen observes, the practice of mediation cannot easily be reproduced in the
online environment because “cyberspace is not a ‘mirror image’ of the physical world.”

Limited Range of Disputes Some disadvantages are specific to the method of cyber-mediation
chosen. For example, fully automated cyber-mediation can only be used to resolve specific
types of disputes and, even then, can only handle disputes where the amount of the settlement
is the only unresolved issue. In fact, for fully automated cyber-mediation to work properly, it
would seem that the parties would need to have undertaken initial discussions, agreed to the
basic facts surrounding the dispute and have determined that one of the parties is responsible
for damages. The parties would then seemingly have to have agreed to limit further discussions
to the single issue of an appropriate amount of monetary compensation. Limiting the final stage
of negotiations to determining a dollar figure for compensation seemingly leaves out the
possibility for innovative, interest-oriented, out-of-the-box negotiating that is the hallmark of
many successful negotiations.
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CONCLUSION

Based on its commercial success thus far, it would appear that the fully automated cybermediation
mechanisms are proving to be an advantageous forum for a number of disputants. In fact, Cybersettle
claims to have handled more than 60,000 transactions since it went online in 1998, facilitating
settlements for more than $350 million.99 Cyber-mediation using sophisticated software and traditional
mediation using online technologies, on the other hand, appear to have had more limited success thus
far. Ponte, for example, notes that the OneAccord software is relatively new and that cyber-mediation
experts feel that greater experimentation and research needs to take place in order to improve it. 100
The potential of the more traditional negotiation methods supplemented by online technologies appears
to remain untapped. As the founder and owner of Internet Neutral, Bruce Leonard Beal, explains,
“[a]lthough dozens of ‘cases’ have been submitted to Internet Neutral for possible resolution, not one
case has yet progressed to actual mediation using the online mediation system.”101 Beal lists several
reasons that Internet Neutral’s online mediation system is not being utilized, including: 1) the lack of
consent of at least one party either to mediation or the use of a particular technology (e.g. e-mail,
instant messaging, etc.)102; 2) the amount in dispute is not sufficient to warrant costs of mediation; 3) at
least one of the parties “misapprehends the nature of mediation and desires arbitration or even
litigation instead.”103 Thus, before making a determination that cyber-mediation is an “effective” or
“ineffective” mechanism for resolving disputes, it is necessary to recognize that it is in its early.
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BIBLIOGRAPHY

1. www.lexisnexis.in/books-cyber-crimes.htm
2. www.jainbookdepot.com
3. Cyberlaws.net
4. Cybercrimecentre.in