Advancement in Cyber Law and Cyber Security in India
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 2 ISSUE NO:- 2 , August 1, 2023 Advancement in Cyber Law and Cyber Security in India Abstract- The significance of cyber law in India lies in its provision of essential legal structures and regulations to tackle cybercrimes, safeguard digital rights, and guarantee the protection of individuals and organizations within the digital sphere. It plays a pivotal role in combating cyber threats, fostering responsible conduct online, and establishing systems for the investigation, prosecution, and prevention of cyber offenses. Index Topics- Cybercrime Origin Interpersonal- Cyber crime Types Of Cyber Attacks Online Child Sexual Abuse Cyber Laws and Cyber Crimes in India Lanzarote Convention and online Grooming European Convention on Human Rights and Cyber Harassments Case Law In India Case Law in The U.S (United States) Cybercrime Origin- The inception of cybercrime stems from the continuous development of technology and the widespread adoption of the internet. As the interconnectivity and digitalization escalated, so did the prospects for illicit activities within the digital domain. The embryonic origins can be retraced to the bygone era of the 1970s and 1980s, wherein hackers initiated the exploitation of loopholes in computer systems to serve their personal gains or to exhibit their technical prowess. Gradually, cybercriminals achieved heightened levels of sophistication, fostering the establishment of organized syndicates and deploying advanced methodologies such as phishing, malware dissemination, ransomware deployment, and social engineering. The driving forces behind these malevolent acts encompass a spectrum of motives, including monetary enrichment, political objectives, espionage endeavors, and personal vendettas. Presently, the pervasive nature of cybercrime poses substantial hurdles for law enforcement agencies and cybersecurity professionals across the globe. Interpersonal- Cyber crime- Interpersonal cybercrime refers to criminal activities conducted through digital means that directly target individuals. It encompasses various malicious acts perpetrated against individuals, such as identity theft, online harassment, stalking, and financial fraud. With the widespread use of social media platforms, cybercriminals exploit personal information and engage in deceptive tactics to manipulate, exploit, or harm their victims. These crimes often involve phishing scams, catfishing, revenge porn, cyberbullying, and online scams. Interpersonal cybercrime can have severe psychological, emotional, and financial consequences for victims. Law enforcement agencies and internet service providers strive to combat these offenses by raising awareness, implementing stricter regulations, and employing advanced cybersecurity measures to protect individuals from falling victim to such crimes. Types Of Cyber Attacks- Various forms of cyber attacks are employed by malicious actors to target individuals, organizations, and computer systems. Common examples include: Phishing: This attack deceives individuals into divulging sensitive information, such as passwords or credit card details, by assuming the guise of a legitimate entity through emails, text messages, or fraudulent websites. Malware: Malicious software, encompassing viruses, worms, Trojans, ransomware, and spyware, is designed to disrupt, damage, or gain unauthorized access to computer Denial-of-Service (DoS) and Distributed Denial-of-Service (DDoS) Attacks: These assaults overwhelm systems or networks with an excessive influx of traffic, rendering them inaccessible to legitimate users. Man-in-the-Middle (MitM) Attack: In this type of attack, an intermediary intercepts and alters communications between two parties without their knowledge, potentially gaining access to sensitive information. SQL Injection: This attack targets web applications that utilize a Attackers insert malevolent SQL code into input fields, manipulating the database and potentially gaining unauthorized access. Online Child Sexual Abuse- Online child sexual exploitation encompasses a broad spectrum of activities and circumstances. Primarily, this entails grooming, live streaming, the consumption of child sexual abuse material, and the coercion and blackmailing of children for sexual purposes. These activities can manifest in various ways, including: Adults engaging children in conversations about sexual Adults sending nude or pornographic images of themselves to children or exposing themselves through live streaming. Requesting children to view pornographic images or Pressuring children to engage in sexual acts, expose themselves, or share explicit Creating, possessing, and disseminating indecent images of While online child sexual exploitation is commonly associated with adults victimizing children, research suggests an increasing prevalence of child exploitation material being shared via social media and produced by children themselves. This phenomenon, often referred to as self- generated sexual content, frequently involves activities such as “sexting,” which entails the solicitation, capturing, and sharing of explicit material. Cyber Laws and Cyber Crimes in India- In India, the implementation of cyber laws serves the purpose of addressing diverse forms of cybercrime and safeguarding the security and integrity of digital domains. The primary legislation governing cybercrimes is the Information Technology Act, 2000 (IT Act), which underwent amendments in 2008 to extend its purview and fortify legal provisions. The IT Act encompasses a broad spectrum of cyber offenses, encompassing acts like unauthorized access, hacking, data theft, identity theft, phishing, cyberstalking, online harassment, and dissemination of explicit or obscene content. It also encompasses crimes involving the use of computers and communication devices for terrorist activities and financial fraud. The IT Act delineates specific offenses, their corresponding penalties, and the procedures for investigation and prosecution. It further outlines the establishment of a designated authority, the Indian Computer Emergency Response Team (CERT-In), responsible for managing cybersecurity incidents and coordinating responses. The act duly acknowledges the significance of preserving electronic evidence and lays down legal protocols governing the admissibility of electronic records in a court of law. Moreover, it imposes obligations on intermediaries, such as internet service providers and social media platforms, to assist in investigations and comply with requests to remove illicit content. In addition to the IT Act, other pertinent laws encompass the Indian Penal Code (IPC), which criminalizes acts like fraud, forgery, defamation, and harassment, regardless of whether they occur online or offline. Furthermore, the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI) have issued guidelines and regulations to address cyber crimes associated with financial transactions and securities markets. Lanzarote Convention and online