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Unit 1 & 2 Cyber Law

Cyber law encompasses the legal regulations governing technology and online activities, focusing on issues like intellectual property, cybercrimes, privacy, and electronic transactions. It is essential for protecting users from cybercrimes and ensuring fair practices in digital communication. The document also discusses the nature of cybercrimes, the role of technology in facilitating them, and the importance of legal frameworks in combating these issues.

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0% found this document useful (0 votes)
26 views8 pages

Unit 1 & 2 Cyber Law

Cyber law encompasses the legal regulations governing technology and online activities, focusing on issues like intellectual property, cybercrimes, privacy, and electronic transactions. It is essential for protecting users from cybercrimes and ensuring fair practices in digital communication. The document also discusses the nature of cybercrimes, the role of technology in facilitating them, and the importance of legal frameworks in combating these issues.

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spandan1106
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIT-I: INTRODUCTION TO CYBER LAW

1. What is Cyber Law?

Cyber law, also known as Internet law or digital law, refers to the legal regulations, policies,
and rules governing the use of technology, the internet, and online activities. It addresses the
legal issues related to digital communication, intellectual property, privacy, cybercrimes, and
other aspects of cyberspace.

Major Aspects of Cyber Law:

 Intellectual Property: Protects digital creations and inventions like software, digital
art, and trademarks.

 Cybercrimes: Regulates crimes such as hacking, phishing, identity theft, and online
fraud.

 Digital Communication: Governs the exchange of information via email, social


media, websites, etc.

 Privacy Protection: Safeguards personal information and ensures its ethical usage.

 Electronic Transactions: Validates digital contracts, signatures, and online


transactions.

The Information Technology Act, 2000 (India) and the General Data Protection Regulation
(GDPR) in the European Union are examples of legal frameworks that address various cyber-
related issues.

2. Significance of Cyber Law

Cyber law plays a crucial role in ensuring the safe and secure functioning of cyberspace,
where individuals and organizations engage in digital communication, transactions, and
interactions. The legal system helps protect users from cybercrimes and ensures the legitimate
use of online platforms.

Importance of Cyber Law:

 Protection Against Cybercrimes: It provides legal recourse against online crimes


such as identity theft, cyberbullying, hacking, and fraud.
 Ensuring Fair Practices: Cyber law ensures transparency and fairness in online
transactions and e-commerce.

 Privacy Protection: It helps protect users' personal data from unauthorized access
and exploitation.

 Intellectual Property Rights: Cyber law safeguards digital content, such as software,
trademarks, and patents.

 Online Dispute Resolution: Provides mechanisms to resolve disputes arising in the


virtual world, such as breaches of digital contracts or online harassment.

In the case of Google India Private Limited v. Visaka (2013), the Supreme Court held that
intermediaries like Google could not be held liable for content posted by users unless they
had actual knowledge of the illegal activity.

3. Internet, Cyberspace, and Digital Communication

 Internet: A global network that connects millions of private, public, academic, and
business networks, allowing the exchange of data and information.

 Cyberspace: The virtual environment in which digital communication and


interactions take place. It’s a conceptual space where online activities occur.

 Digital Communication: Refers to the use of electronic devices and internet


platforms (emails, social media, websites, etc.) for exchanging information.

Important Concepts:

 Global Reach: The internet connects people worldwide, allowing real-time


communication, commerce, and information exchange.

 Boundary Issues: Cyberspace transcends physical borders, making it difficult to


enforce national laws in a globally connected environment.

 Security Challenges: The interconnected nature of the internet creates vulnerabilities,


such as hacking, data breaches, and identity theft.

Such as Online communication platforms such as WhatsApp, Facebook, and email, which are
part of the digital communication ecosystem, need to adhere to legal standards regarding
privacy, data protection, and intellectual property rights.
4. Impact of Social Media on Privacy, Reputation, and Human Rights

Social media has revolutionized communication, enabling users to connect and share
information. However, it has also raised significant concerns about privacy, reputation, and
the exercise of human rights in the digital age.

Privacy Issues: Social media platforms collect vast amounts of personal data, which can be
exploited by third parties for targeted advertising or, in worse cases, identity theft or misuse.
Example: The Cambridge Analytica scandal, where Facebook data was harvested and
misused to influence political elections.

Reputation Issues: Individuals and businesses are vulnerable to online defamation, where
false or malicious content can harm their personal or professional reputation. Example: A
defamatory post or rumour on Twitter can spread rapidly, causing reputational harm even if
it’s later proven false.

Human Rights:

 Freedom of Expression: Social-media is often a platform for free expression.


However, it can also be used for hate speech or incitement to violence, raising
concerns about balancing freedom of speech with the protection of human rights.

 Right to Privacy: Social media platforms often collect personal data, potentially
infringing on users’ right to privacy.

Shreya Singhal v. Union of India (2015): The Supreme Court struck down Section 66A of the
IT Act, which criminalized offensive online content, asserting that it was a violation of the
right to freedom of speech under Article 19(1)(a) of the Indian Constitution.
UNIT-II: CYBERCRIME AND ONLINE SAFETY

1. Nature and Scope of Cybercrimes

Cybercrimes are criminal activities that involve computers, networks, or digital devices,
either as the target or the tool for committing the offense. These crimes can be carried out by
individuals, organized criminal groups, or even state-sponsored entities. The nature of
cybercrime is complex due to its global reach, anonymity, and the constantly evolving
technology landscape.

2. Types of Cybercrimes:
 Hacking: Unauthorized access to a computer system or network with the intention of
stealing, modifying, or destroying data. Such as, an individual bypassing security to
access sensitive corporate data.
Subtypes:
 White-hat hackers: Ethical hackers employed to test and improve security systems.
 Black-hat hackers: Malicious hackers who exploit systems for personal or financial
gain.
 Phishing: A deceptive practice where cybercriminals impersonate legitimate entities
(such as banks or online services) to steal sensitive data, such as login credentials,
credit card details, and personal information. Such as, receiving an email from a fake
bank asking for login credentials.
 Identity Theft: The act of obtaining and using someone’s personal data (like social
security numbers or credit card information) without their consent, typically for
fraudulent purposes. Like, using stolen credit card information to make unauthorized
purchases.
 Cyberbullying: The use of digital platforms (e.g., social media, online games) to
harass, threaten, or bully an individual. This can lead to significant emotional and
psychological harm. Example: Posting harmful rumours or threats about someone on
social media.
3. Scope of Cybercrimes:
 Global Nature of Cyberspace: The internet does not have physical borders, making
it challenging to enforce laws across jurisdictions. This is compounded by the
anonymity provided by digital platforms.
 Multiple Stakeholders: Cybercrimes can involve different actors, including
individual hackers, cybercriminal organizations, hacktivists, and state actors.
Example: Cyber espionage or state-sponsored hacking aimed at stealing intellectual
property or disrupting another nation’s infrastructure.
 Ever-Evolving Techniques: Cybercriminals constantly adapt their methods to bypass
security measures, creating an ongoing challenge for law enforcement.

4. Role of Technology in Facilitating Cybercrimes

Technology plays a dual role: it is both a tool for committing cybercrimes and a tool for
combating them. Cybercriminals exploit advances in technology to create sophisticated
attacks that can cause large-scale damage.

Examples of Cybercrime Tools:

 Malware & Ransomware: Malicious software designed to damage or disrupt


systems or hold data hostage. Ransomware encrypts files and demands a ransom in
exchange for the decryption key. Example: The WannaCry ransomware attack in
2017, which affected organizations worldwide by encrypting their data.
 Phishing Emails: Deceptive emails that appear to come from legitimate sources but
are designed to trick the recipient into revealing personal information. Example: A
fake email that appears to come from a bank asking for account details.
 Botnets: Networks of infected computers or devices controlled by cybercriminals
remotely. These are often used for Distributed Denial of Service (DDoS) attacks,
where the botnet overwhelms a target's servers with traffic to take them offline.
Example: The Mirai botnet, which caused massive outages in 2016 by attacking DNS
providers with millions of infected devices.

State of Maharashtra v. K.R. Sudhakar (2018): A case where phishing techniques were used
by a cybercriminal to steal banking details and siphon money from victims. The case
highlighted the need for more stringent regulations to tackle online fraud.

3. Cyber Stalking and Harassment

Cyberstalking refers to the use of the internet or other electronic means to stalk or harass an
individual. This includes repeated and unwanted communication, threats, or spreading false
information with the intent to harm or intimidate.

Major Points:
Many jurisdictions have specific laws to combat cyberstalking. Victims can seek protection
orders, file criminal complaints, and take legal action against perpetrators.

Cyberstalking can cause severe emotional distress, anxiety, depression, and can even lead to
physical harm due to the escalated nature of threats and harassment.

Example: A woman in India was subjected to online harassment and stalking through social
media platforms. The case led to the strengthening of laws under the Information Technology
(IT) Act to offer greater protection to individuals from online harassment.

Shilpi v. Union of India (2016): The Supreme Court ruled in favour of stricter laws to tackle
cyberstalking, acknowledging the psychological toll it takes on victims and the importance of
safeguarding individual privacy and freedom from harassment.

4. Online Frauds and Scams

Online fraud refers to deceptive practices carried out over the internet with the intention of
scamming people, whether through fake websites, phishing, or fraudulent transactions. These
crimes can result in financial loss, identity theft, or the compromise of personal information.

Types of Online Fraud:

Phishing: Fraudulent emails or websites designed to steal sensitive data from users by
impersonating legitimate entities.

Example: A fake email asking users to click a link to “verify” their bank account details.

Fake Online Stores: Fraudulent e-commerce websites that take payments for goods or
services that are never delivered.

Example: A website that claims to sell electronics but vanishes after consumers make a
payment.

Investment Frauds: Fraudulent schemes promising high returns on investments but are
designed to steal money from investors.

Example: A fake cryptocurrency investment platform that promises substantial returns but
disappears with the investors’ funds.

Satyam Computer Services Ltd. v. U.S. Securities and Exchange Commission (2009): A
case where Satyam’s fraudulent financial reporting led to a major scam involving millions of
dollars in loss to investors.
5. Cyber Terrorism

Cyber terrorism refers to the use of digital tools to conduct attacks that cause significant
disruption to a country’s critical infrastructure. These attacks can target sectors such as
telecommunications, energy, finance, and government institutions, causing economic and
societal harm.

Major Points:

National Security: Cyber terrorism can have devastating effects on national security by
disrupting essential services, such as power grids, water systems, and emergency services.

Example: A cyberattack on a country’s power grid, shutting down power for millions of
people.

Global Cooperation: Given the borderless nature of cyberspace, international collaboration


is crucial in combating cyber terrorism. Countries must work together to develop and enforce
laws to detect and prevent cyberterrorist activities.

Indian Cyber Army v. State of Maharashtra (2017): This case involved a cyberterrorist
group that launched a large-scale hacking attack on national defense systems, disrupting
operations and posing a threat to national security.

6. Child Pornography

The internet has made it easier for illegal content, such as child pornography, to be distributed
and consumed. As a result, countries have enacted laws to criminalize the production,
distribution, and possession of child exploitation materials online.

Legal Measures:

Global Treaties: Many countries are signatories to international conventions such as the
Convention on Cybercrime, which criminalizes the creation, distribution, and possession of
child pornography.

Example: The Council of Europe Convention on Cybercrime (2001), which addresses the
criminalization of offenses related to child pornography online.

Tech Company Responsibilities: Online platforms, like Facebook, Google, and others, are
obligated to report and remove any illegal content related to child exploitation.
Example: These platforms use advanced algorithms and manual reporting systems to flag
inappropriate content and prevent it from being distributed.

People v. John Doe (2015): In this case, an individual was prosecuted for possessing and
distributing child pornography via peer-to-peer file-sharing networks. The case highlighted
the challenges of tracking and prosecuting cybercriminals involved in child exploitation due
to the anonymity provided by digital platforms.

Cybercrime is a pervasive and growing issue in today's digital age. With the advent of
technology, criminals are using increasingly sophisticated methods to commit offenses,
making it essential for legal systems to adapt and evolve. Legal frameworks, such as cyber
laws, are critical in protecting individuals and organizations from the harmful effects of
cybercrimes. However, combating cybercrime requires cooperation between governments,
tech companies, and law enforcement agencies to create a safer digital environment.

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