Introduction to Indian Cyber Law
Saturday, January 10, 2015
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Cyber Law is the law governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. Violation of these rules could lead to government action such as imprisonment or fine or an order to pay compensation.
Need for Cyber Law
There are various reasons why it is extremely difficult for conventional law to cope with cyberspace. Some of these are discussed below.
- Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law.
- Cyberspace has complete disrespect for jurisdictional boundaries. A person in India could break into a bank’s electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank in Switzerland, all within minutes. All he would need is a laptop computer and a cell phone.
- Cyberspace handles gigantic traffic volumes every second. Billions of emails are crisscrossing the globe even as we read this, millions of websites are being accessed every minute and billions of dollars are electronically transferred around the world by banks every day.
- Cyberspace is absolutely open to participation by all. A ten year-old in Bhutan can have a live chat session with an eight year-old in Bali without any regard for the distance or the anonymity between them.
- Cyberspace offers enormous potential for anonymity to its members. Readily available encryption software and stenographic tools that seamlessly hide information within image and sound files ensure the confidentiality of information exchanged between cyber-citizens.
- Cyberspace offers never-seen-before economic efficiency. Billions of dollars worth of software can be traded over the Internet without the need for any government licenses, shipping and handling charges and without paying any customs duty.
- Electronic information has become the main object of cyber crime. It is characterized by extreme mobility, which exceeds by far the mobility of persons, goods or other services. International computer networks can transfer huge amounts of data around the globe in a matter of seconds.
- A software source code worth crores of rupees or a movie can be pirated across the globe within hours of their release.
- Theft of corporeal information (e.g. books, papers, CD ROMs, floppy disks) is easily covered by traditional penal provisions. However, the problem begins when electronic records are copied quickly, inconspicuously and often via telecommunication facilities. Here the “original” information, so to say, remains in the “possession” of the “owner” and yet information gets stolen.
