CS Deepak Pratap Singh
The last decades have been one of the most important decades in human history. In these decades the internet and World Wide Web has been invented. The internet and www are the two boon of the modern humanity. They became essential part of every one’s life.
As we know the idea of internet was emerged or bloomed in the mind of scientists and computer engineers, how to communicate in the case of nuclear attack in the year of 1960.
Majority of engineers and government officers are thinking day and night to discover a system for communication and free flow of resources at the time of destructive nuclear attack. They have come to conclusion that by using computers at that time they can manage the activities and will able to maintain global network.
Now today a computer has come a long way and we have developed various types of computers as well as super computers to assist us in various types of activities. These machines provide us ease of doing all things. Though a computer was developed by human being but it can act better than us.
Let us consider the definition of a “Computer”
Section 2(1) (i) of the Information Technology Act, 2002 define a “Computer” means any electronic magnetic, optical or other –high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network”
Now let us consider the concept of “ Cyber Law” , since there is no definition give in the act or ease where , we can put , Cyber law is a term which refers to all the legal and regulatory aspects of Internet and the World Wide Web.
Anything concerned with or related to, or instigating from, any legal aspects or issue concerning any activity of citizen and others, in Cyberspace comes within the ambit of Cyber law.
The Cyber law is a constantly evolving process, it grows with the growth of internet and uses of modern devices and services based on the internet. There may issues arises by using internet such as Domain name, IPRs, Electronic Commerce, Electronic Trading, Electronic Retail Trading, Electronic Banking, Encryption, Electronic Contracts, Spamming and so on.
As there are two parts of a coin and both travel together, same way there is also Cyber Crime along with development of Cyber Advantages. These Cyber Crimes held by using internet and computer devices.
What is Cyber Crime?
The United Nation’s Definition;
“Cyber Crime spans not only state but national boundaries as well. “
In narrows sense:
“Any illegal behaviour directed by means of electronic operations that targets the security of computer system and the data processed by them.”
In a broader sense:
Any illegal behaviour committed by means of, or in relation to a computer system or network, including such crimes as illegal possession and offering or distributing information by means of computer system or network.
The Cyberspace is, in fact governed by a system of law and regulations called Cyber law. This controls all lea gel aspects of Internet and World Wide Web.
First Cyber Crime came in picture in 1820, when Joseph-Marie Jacquard a textile manufacturer in France produced a loom. Being afraid of losing employment the workers of his factory committed act of sabotage to prevent him to use new technology in the factory.
One major Cyber Crime took place in Citibank by a renowned hacker who had transferred $10 Million from an account to another account in Switzerland’s bank by using his office computer.
The growth of electronic commerce (e-commerce) has created a need for vibrant regulatory mechanism, which contain effective powers to curb and check the Cyber Crimes and save people from unscrupulous criminals.
Cyber law will touch every aspect of internet and WWW. Every aspect of Cyberspace should have Cyber legal perspectives.
Many countries have promulgated their Cyber Laws keeping in mind the development of e-commerce and there is a growing realization among different nations that their laws must be harmonized and international best practices and principals must guide implementation.
The Government of India has enacted the Information Technology Act, 2000 to control the uses of internet and www and to promote fare play in the e commence.
The IT Act, 2002 received accent of president on 17th October, 2000, the objective of act would be to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic method of communication and storage of information.
The Information Technology Act, 2002 stipulates various provisions in order to provide for the legal framework so that legal sanctity is accorded to all electronic records and other activities carried out by electronics means. It also regulate contracts in which electronic means are used. It facilitates electronic intercourse in trade and commerce; eliminate barriers and obstacles to electronic commerce. The act regulates various types of Certifying Authorise and regulates their activities. The act legalise use of digital signatures and authentication of electronic records. This act creates a good environment for development of internet, www and e-commerce. There strict penalties provided for contravention of law.
Note: We shall discuss other provisions of Information Technology Act, 2000 in my next article.
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