09 ,April 2020
The Internet plays an important role in today's world; since technology is boon to people at
the same time, it's also; a curse. Due to increased technology and easy internet
availability, cybercrime is increasing day by day. Thus, Cyberlaw was enforced against
cybercrime. This law deals with the issues related to cyberspace. Cyber law was implemented
to deter such cybercrime. Cyberlaw is the primary governing law for all cybercrime.
All these regulatory processes and legal systems fall under the Cyber Law domain. Internet
law is significant as it focuses on almost every aspect of transactions and activities and
includes the Internet, the World Wide Web and cyberspace.
Cybercrime is not included
in the Information Technology Act 2000 or the 2013 National Cyber Security Strategy or any
other Indian legislation. It is merely a combination of crime and machine. In other words, a
cyber-crime is an offence that uses a computer for doing a wrongful act.
The Information and Technology Act, 2000, describes a device, computer network, data,
information and all other essential ingredients that are part of cybercrime. Cyberlaw is a
part of the general legal framework concerned with the internet cyberspace and their legal
issues. Cyber law encompasses a relatively wide variety of topics, including freedom of
speech, internet access and use, and online privacy. Typically speaking, internet law is
called Cyber law. Internet law is a general term relating to all of the Internet and its
regulatory aspects. Anything that involves or links to or emanates from any legal context or
any citizen actions in cyberspace falls within the scope of internet law. Cyberlaw includes
legal issues associated with the use of data, processing and storage. As there is no
specific law on cybercrime; Information technology Act has dealt with the actions taken
against the cybercrime.
INFORMATION TECHNOLOGY ACT, 2000
On 17 October 2000 the Information Technology Act, 2000 came into effect.
This Act extends to all of India, and its provisions also extend to any offence or
infringement committed by any individual, irrespective of his nationality, even beyond the
territorial jurisdiction of the Republic of India.
Such a crime or offence should include a computer device, or a computer network located in India to attract provisions of that Act. Under Section 1(2), read with Section 75, the Information Technology Act,2000 provides for extraterritorial applicability to its rules. There are 90 sections to this Act. The Information Technology Act 2000 has attempted to assimilate the legal norms present in a number of such laws (related to information technology) previously enacted in many other countries, as well as various guidelines applicable to the law of information technology. The Act gives electronic contracts legal binding, the recognition of electronic signatures. These law rendering activities such as hacking, data stealing, virus spreading, identity theft, slander (sending offensive messages) pornography, child abuse, cyber terrorism, a criminal offence. It embraces a range of laws covering cyber cafes, online service delivery, computer protection, Site blocking. This also has guidelines to obey due diligence for internet intermediaries (ISP's; network service providers, web cafes, etc.).Any individual affected by data theft, hacking, virus spreading may apply for compensation Adjudicator appointed pursuant to Section 46 and file a criminal complaint. Universities and associated colleges offer numerous courses, as listed below:
Courses offered:
1) Diploma in Cyber
Law
Course Duration: Six months / One year
Eligibility: Graduation,
Any Stream
2) Certificate in Cyber Law in Corporate Practice
Duration: Course
Duration: One month
Eligibility: Graduation
3) Post Graduate Diploma in Cyber Law (LL.M.)
Course Duration: 2
years
Eligibility: Law Graduate
4) Post Graduate Certificate in
Cyber Law (PGCCL)
Course Duration:Min: 6 Month,Max 2years
Eligibility: Graduation
Apply for Law courses
Career:
A) Research Assistant in Law Firm -
the
candidate will get an opportunity to work as a research associate with Law firm to assist
the advocates in cases related to cybercrime.
B) Cyber Lawyer
candidate can start doing independent practice as a cyber lawyer.
C) Legal
Advisor
can hire an eligible candidate as a legal advisor.
D) Cyber Assistant
Career options after Law | Law Scope in India
For an ideal crime-free society, although it only exists in fantasy, there should be a constant effort at rules to hold criminals down. Crime based on electronic law-breaking is bound to increase, particularly in a society that is increasingly dependent on technology, and legislature has to go the extra mile compared to the impostors, to keep them at bay.
Therefore, it should be the tenacious efforts of rulers and lawmakers to ensure safe technology for the growth of legal and ethical business and not a crime. It should be the responsibility of the three holders of stakes viz.
(i) Governments, authorities, attorneys and agents
(ii) Internet or Network Service
Providers or banks and other intercessors and
(iii) users
Author
Ms.
Neha Singh
Assistant Professor