CYBER LAW AND ETHICS ON CYBERCRIMES IN INDIA

INTRODUCTION

In this age of virtual advancement, the increase in internet users has caused a growing percentage of legal concerns, all around the globe. The computer-generated world of the internet is known as cyberspace. Therefore, the laws prevailing in this region are called Cyber laws or Internet laws, and all the users of cyberspace are subject to these rules and regulations. Ethics, in general means certain standards of right and wrong that prescribe what humans ought to do. Cyber ethics, on the other hand, is the study of computer ethics, which includes user behaviour and what computers are programmed to accomplish, as well as how this impacts individuals and society. It outlines the recommended practices that a user should follow when using a computer system. Although the Internet benefits society, it also contributes to criminal chances by utilizing new and highly complicated technological instruments. Topics covered in media reports regarding computer crimes range from hacking to viruses, web hackers to internet paedophiles, and so on. The rise in criminal behaviour, as well as the potential for new types of criminal conduct to arise, offer difficulties to legal systems and law enforcement.

CYBER LAWS IN INDIA

Cyberlaw refers to rules governing cybercrime, electronic and digital signatures, intellectual property, data protection, and privacy, among other things. The 21st Century Indian Legal System encompasses Cyber Laws which include:

  • Indian Technology (IT) Act[1]: Laws against cybercrimes in India that have been laid under this Act cover, Hacking and Data Theft, Tampering with Computer Source documents, Receipt of Stolen Property, Identity Theft and Cheating by Impersonation, Violation of Privacy, Obscenity, Cyber Terrorism, Email Spoofing.
  • Indian Penal Code on cyber-crimes: Indian penal code covers crimes ranging from sections 503[2] to section 354D[3] which include, sending defamatory messages, Forgery of electronic records, Bogus websites, and cyber frauds, Email spoofing, Web- jacking, Email abuse, Pornography, Cyber Stalking.
  • Cyber-crimes under special acts: This includes internet drug sales under the Narcotic Drugs and Psychotropic Substances Act[4] and online weaponry sales under the Arms Act.[5]
  • Other cybercrime laws in India: In addition to the Information Technology Act of 2000[6] and the Indian Penal Code 1860, India has several other cybercrime legislations. The Bankers’ Book Evidence Act of 1891[7], the Reserve Bank of India Act of 1934[8], and other legislation dealing with Intellectual Property Rights are just a few examples.

MEASURES TO CURB CYBER- CRIMES UNDER CYBER LAW AND ETHICS

In the current world, cybercrime, hacking, etc., have become a common language. As a result, we must develop a “cyber-jurisprudence” or analyze, criticize and transform “cyber-ethics” in a manner to meet the needs of this world. Although a guideline in connection to cyber law and ethics is required to vent modern technology items from being misused, unethical behavior can be controlled also by a code of conduct. To achieve the ultimate goal of enhanced technology, many information technologies have been developed to curb such destructive and dangerous activities and provide the user with a sense of security. Here are some steps we can take to curb cybercrime through cyber law and ethics:

  • Synchronized password: The password is for your The password synced with the card changes every 30 to 60 seconds, so it is only valid for one-time login sessions. Other ways to provide security complement passwords and pass-phrases include fingerprint identification, signatures, voice, retina identification, and biometrics.
  • Encryption: In this, the raw (readable) content can be converted into ciphertext (encoded language) using this technique, and the receiver of the information can decode it by converting it back into plaintext using the private key. Except for the beneficiary whose private key decrypts the information, no one can access the sensitive data.
  • Firewalls: It splits between the framework and the intruders or potential intruders to protect the organized records from overflowing or being accessed. It only allows access to the framework to those who have previously registered on the computer system.
  • Digital Signatures: Digital or enhanced signatures are performed using cryptographic methods by applying This has an undeniable effect in the banking sector where the customer’s signature thus could be identified by using this method.

Various other preventive steps can be taken while operating the internet, such as avoiding the sharing of personal information including pictures through email, chatting, or any other electronic media. Also, it is an essential duty of parents to keep a watch on sites that their children are accessing to prevent any kind of harassment or depravation in children.

EFFECTIVENESS AND CHALLENGES

With the growth of technology, man has become reliant on the Internet for all of his requirements. The Internet has provided man with instant access to humans without the need to travel, including social networking, online purchasing, data storage, gaming, online studying, and online jobs, among other things. As the Internet has risen in popularity, so has the concept of cybercrime. Several years ago, the public was unaware of the atrocities committed via the internet. In terms of the law, in terms of cybercrime, India lags behind several other countries in terms of the rate at which it occurs. Day by day, cybercrime is becoming more prevalent.

Although numerous initiatives have been taken by the Parliament in providing a strong legislative framework to prevent cyberspace invasion, it is a doubted to what extent these laws prevent and remedy emerging cyber threats. The weak implementation of cyber laws and questioning cyber ethics are challenging the effectiveness of cyber security laws in India. Also, the quantum of punishment offered under various acts relating to cybercrime seem to be lenient on the criminals. Therefore, there is an immediate need to revise them, or else the very purpose of these provisions stands defeated. The other challenges stimulating cybercrimes involve a lack of national-level architecture for cyber security, lack of boundaries in cyberspace, and lack of awareness. It’s time to innovate and develop new and efficient schemes and technology to avoid misuse of cyberspace.

CONCLUSION

People have become addicted to the internet for all of their needs as technology has advanced. The Internet has provided people with instant access to everything while sitting in one location. Social networking, online shopping, data storage, games, online research, and online work are all common uses for the Internet. Almost every field makes use of the Internet. With this event, the web and its benefits evolved, as did the concept of cybercrime. Cybercrime takes many forms. A few years ago, there was a lack of understanding about the crimes that would be committed on the Internet. In terms of cybercrime, India is also far behind other countries, even though the rate of increase in cybercrime is increasing day by day.                                                             

Author(s) Name: Ajmi Soja

Reference(s):

[1] National Portal of India ‘Acts’ https://www.india.gov.in/my-government/acts  accessed on 3 June 2022

[2] Legislative Department- Ministry of Law and Justice ‘The Indian Penal Code’ < The Indian Penal Code|Legislative Department | Ministry of Law and Justice | GoI > accessed 10 June 2022

[3] Ibid.

[4] National Portal of India ‘Acts’ <https://www.india.gov.in/my-government/acts > accessed on 3 June 2022

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.