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The Role Of Cyber Law In Cybersecurity In India (By Naina Singh)

The Role Of Cyber Law In Cybersecurity In India

Authored By – Naina Singh

Dr. Baba Saheb Ambedkar college of law, Nagpur

Abstract

“Data is the pollution problem of the information age, and protecting privacy is the environmental challenge.”

This paper was prepared to highlights the concept and causes of Cyber law and Cyber bullying in our society. The paper also directs our attention to the Cyber Security in laws against Cyber bullying of children in India. which take place because of loopholes present in cyber laws against cyber bullying or cybercrime take place. The purpose of this paper is to propose the framework of study and causes of Cyber Security laws in India.  This paper also investigates the factors that contribute to the prevalence of Cybercrime against children at different levels. Cyber bullying affects the mental and physical health in children which sometimes also include adults. It causes a myriad of psychological and corporeal issues.

Keywords: Cyber law, Cyber Security, Cyber Bullying

Introduction

The computer-generated environment of the internet is usually referred to as cyberspace, and the laws that control or are in effect in this realm are referred to as cyber laws or IT laws. All users of this cyberspace are subject to these laws because they have global jurisdiction. When illegal or unauthorised access to data or access to a computer or other device occurs, it is referred to as cybercrime. Cybercrime is on the rise, and this encompasses fraud, abuse, and gadget misuse. In India, cyberlaw is not a separate legal framework, rather it's an unique composition consisting of contract, intellectual property, data privacy, and data protection. With computers and the internet infiltrating every part of our lives, Strong foundation for cyber laws are required. Information, software, information security, e-commerce, and monetary transactions are all governed by cyber laws. 

"The Cyber Laws in India has paved the way for electronic commerce and electronic governance in the country by ensuring maximum connectivity and minimum cybersecurity risks. Also, enhancing the scope and expanding the use of digital mediums" says Advocate Krishnamohan K Menon.

Current Situation 

As of October 2020, an estimated 4.66 billion individuals were online, accounting for more than 60% of the global population, according to the data accumulated from various surveys and researches. This has had a significant impact on how the entire globe communicates. The number of people who use the internet regularly has steadily increased in recent years. However, because of the COVID-19 epidemic, the increase was bigger than ever this year. Because of the coronavirus, the world had practically ground to a halt, and everything had to be relocated on the Internet causing a massive paradigm shift. Employees had to begin working from home in a remote setting, meetings were being held via video conferencing using communication applications like Microsoft teams and skype, and schools and universities had to adapt and begin teaching their students online. However, as the internet has become easily accessible to everyone anywhere in the world, cybercrime has become increasingly frequent. As the internet and technology grow in popularity, society’s reliance on technology grows, increasing the number of crimes based on electronic or digital law breaking.

According to UNICEF estimates, 71% of the total young population in the world is on the Internet. However, one in every three users is an active internet user, and the other is a child. We might consider cyber-attacks as trivial affairs since, unlike physically committed crimes, they do not have a tangible effect on us. However, cybercrime can severely affect one mentally, psychologically, and emotionally. This makes it essential for us to learn about cyber security, especially for those who are vulnerable to it the most, like children and the disabled. Technically, cyber security refers to defending computers, mobile devices, and networks from malicious attacks. It takes various forms, such as network, application, information, or operational security. The online protection of children through cyber security is a holistic approach to protect them from potential threats and attacks that they may suffer online.

Advantages of Cyber Laws

Secured E-Commerce Infrastructure for online businesses
Digitally sign your contracts/ papers
Introduced new businesses for Certifying Authorities
Proficient use of E-Forms as prescribed
Secured websites with Digital Certificates
Meticulous monitoring on the web traffics
Electronic Transactions safeguarded
Emails are a legal form of communication and are approved in the court of law.
Cyber Laws In India

Every country in the world, including India, is concerned about cyber security. Because India is one of the countries where the internet is widely utilised in our day-to-day life, strict cyber regulations are all the more important. 

There are four major cyber-security regulations in India, which have cleared the way for electronic commerce and electronic governance, as well as expanded the scope and applicability of digital media.

Information Technology Act, 2000

The implement of an IT legislation was critical in India when the emphasis was on the need for cyber law or cybersecurity laws. As a result, India's IT (Information Technology) Act, 2000, often

known as the Indian Cyber Act or the Internet Law, went into effect, This act alone governs most cyber legislation in India. The Indian Internet Laws have been drafted ,since the enactment, to give legal legitimacy to all electronic documents and online/electronic activities. The IT Act also addresses fundamental security issues that are essential to the success of electronic transactions. The Indian Internet Laws not only validate digital signatures, but also specify how documents that have been accepted and generated using digital signatures can be done. It provides for penalties in the case of unauthorised access to data and damage to computers and data on computers through cyber-attacks, including through viruses. The Act also has a specific provision to protect children on the online platform, which is Section 67B.

INDIAN PENAL CODE (IPC), 1980 

As previously indicated, cybercrime will include typical criminal behaviours such as theft, fraud, forgery, defamation, and mischief, all of which are covered by the Indian penal law and subject to its restrictions. As a result, thefts and related cyber scams are defined in Indian criminal law, in combination with the information technology act of 2000. 464, 468, 465, 471, and 469 are all pertinent sections.

COMPANIES ACT, 2013

This act is referred to by company stakeholders as a legal responsibility that is essential for improving and monitoring daily operations. The Serious Fraud Investigation Office (SFIO) was founded under the Companies Act , and it was given the jurisdiction to prosecute Indian companies and their directors. The SFIO has become harsher and more proactive in this area since the publication of the company's inspection, investment, and inquiry guidelines in 2014. The Act ensures that all regulatory compliances are appropriately covered, including cyber forensics, e-discovery, and cyber-security diligence. Strong standards have been stated about the roles and responsibilities of company directors and leaders in confirming cyber-security under the Companies (Management and Administration) Rules of 2014.

NIST COMPLIANCE

By providing a standardised approach to cyber-security, the National Institute of Standards and Technology (NIST) has authorized cyber-security framework (NCFS)  making itself established as the most credible global certifying organisation. The NIST cyber-security framework includes all of the necessary principles, standards, and practises for effectively managing cyber-related risks. This framework places a premium on adaptability and cost-effectiveness.

It contributes to critical infrastructure resilience and protection by:

Allowing for better cyber-security risk management, interpretation, and mitigation in order to prevent data misuse, data loss, and the resulting restoration costs.

Identifying the most vital activities and operations and concentrating on securing them

By proving the reliability of organisations that protect important assets.

Making the contractual and regulatory duties addressed.

Aiding in prioritising investments so that cyber-security ROI is maximised  

Supporting the information security programme as a whole.

ADDITIONAL IMPORTANT PROVISIONS OF IT ACT,2002

Section 66E: According to this section, publication or transmission of images of a private area of a person without the consent of such person is made punishable if such images are captured under circumstances violating privacy.

Section 66C: This section deals explicitly with identity theft and cybercrimes. This section prescribes punishment for any individual who fraudulently or dishonestly uses personal information like passwords or e-signatures of other people. Section 66D: This provision imposes punishment on a person who cheats by impersonating another.

Section 43A: Children's Personal and Sensitive Data— Though this provision imposes civil liability in the form of "compensation", it requires individuals and institutions handling personal data and sensitive information of people to take care of such information as against illegal use and exposure. This provision is wide enough to cover the personal data and sensitive personal information of children.

The most common threats in the cyber world are

Cyber Grooming: Cyber grooming is a cyber threat that is faced by children across the globe, not just restricted to India. In this, the individual pretends to be a child, and this leads to the child trusting them eventually. After some period of time, when the trust between the child and the imposter gets built, the imposter gets the ability to take advantage of the child and use the child accordingly.


Cyberbullying: Cyberbullying is another major aspect of the cyber threats faced today. Essentially, it is an act of harassing other children through the use of obscene and abusive language.
Despite the fact that the majority of children do not have their own bank accounts, they frequently use their parents’ accounts for doing online transactions for gaming, shopping, etc. Criminals use several fraudulent tactics, like calling to offer you benefits with a fake identity, etc., to steal money from the accounts.
Online Gaming: Online gaming has now become a part of a child’s daily activity. This can lead to cyberbullying through the use of coarse language and infringement of children’s privacy since a lot of personal information is uploaded and it can be misused, and this may also incur online transaction fraud.
Laws To Ensure Online Safety Of Children: In India

The Indian Penal Code, 1860, along with the Information Technology Act, 2000, and the Protection of Children from Sexual Offences Act of 2012, are the primary instruments for dealing with cybercrime in the country.

The INFORMATION TECHNOLOGY ACT, 2000: The Information Technology Act of 2000 has provisions that deal with various cybercrimes. It provides for penalties in the case of unauthorised access to data and damage to computers and data on computers through cyber-attacks, including through viruses. The Act also has a specific provision to protect children on the online platform, which is Section 67B.

Additional Important Provisions

Section 66E: According to this section, publication or transmission of images of a private area of a person without the consent of such person is made punishable if such images are captured under circumstances violating privacy.

Section 66C: This section deals explicitly with identity theft and cybercrimes. This section prescribes punishment for any individual who fraudulently or dishonestly uses personal information like passwords or e-signatures of other people. Section 66D: This provision imposes punishment on a person who cheats by impersonating another.

Section 43A: Children's Personal and Sensitive Data— Though this provision imposes civil liability in the form of "compensation", it requires individuals and institutions handling personal data and sensitive information of people to take care of such information as against illegal use and exposure. This provision is wide enough to cover the personal data and sensitive personal information of children.

Complaint Registration Models

FIR with local police or Cyber Crime Police Station: In accordance with Section 154 of the Criminal Procedure Code of 1973,

Private Criminal Complaint with the Judicial Magistrate: In accordance with Section 200 of the Criminal Procedure Code of 1973,

Online Cyber Crime Reporting Portal Launched by MEA: www.cybercrime.gov.in is the online reporting portal through which children and women can report cyber crimes against them. Cybercrimes related to child pornography, sexual abuse, and identity theft are to be reported here. Note that even anonymous complaints can be filed on this portal.

Children Should Not Share Any Personal Information

Do not share your personal information with any stranger, or on any website, or on other internet links.
This personal information can be any detail about you, which includes your name, phone number, Aadhaar card details, bank details, address, your parents' details, etc.


Do not share your photos or videos online, and if someone asks for them, notify your parents or a trusted adult.
Do ask before you click.

Do not click on any emails from strangers, pop-ups, or other unfamiliar links and websites. Ask your parents or any trusted adult about it.
To create strong passwords and don't share them.
Do not create weak passwords and periodically change your passwords.
Ensure that you create strong passwords and don’t share them with anyone except your parents.
Do share any suspicious activity with a trusted adult.

Whenever you see suspicious or unusual activity on the internet, let your parents or any trusted adult know about it before engaging in it.
Do not meet someone you have only met online.

Don’t get together with anyone you have only met online.
Inform your parents about any stranger who asks to meet with you. Do report instances of blackmail and abuse.
Instances of blackmail and abuse occur frequently on the internet. It is essential to inform your parents, or any trusted adult, about the same. Hiding it and dealing with it on your own only aggravates the situation.
Child safety is a major concern. It is essential to take online threats to children seriously since, if left unchecked, they may lead to danger both on online and, at times, offline platforms. Content-based crimes, if unchecked, may lead to contact-based crimes. Let’s ensure children's online safety now and always.

SOCIAL MEDIA is also important part of cyber world. It's a network of people and communities that engage with one another. They can also be utilised with the help of a computer, a laptop, or a mobile phone to exchange content with other like-minded individuals. People used these venues to collaborate, increase public awareness, and speak out about many causes. 

Individual engagement is also crucial, and while it is difficult to visit someone on a regular basis, these platforms allow us to stay in touch with them. This is also useful for sharing their thoughts and gathering feedback.

Laws regarding social media ?

The legal environment surrounding social media is evolving. "Social media law" refers to the legal issues surrounding user-generated content and the websites that host it in general. Corinne Chen, an associate attorney with the Romano Law firm in New York, agrees. It is a large domain because it includes the internet and social media.

"Also, social media includes both civil and criminal provisions at federal and state level. Social media regulations include those that safeguard or prohibit the uploading of content, as well as those that widen or restrict employee privacy rights."

Laws regarding social media in India –

. Information Technology Act - Section 66A of the Information Technology Act focuses entirely on social media content and governs it. This section restricts the transferring of any well already recorded information as well as any offensive text, videos or audios. Any material or electronic message which is known to be fake or false but is still sent to insult others, annoy or injure the person. It is done with creating enemy in the public and with the intention to commit crime. It may also lead to the person's deception.

. Constitution of India - Article 19 of the Indian Constitution guarantees all citizens the freedom of speech and expression, which the state cannot curtail by passing laws against them, however these liberties are subject to some reasonable restrictions, as stated in article 16. (2). So, anyone can read, publish, and remark on any topic, but these activities are not subject to the reasonable restrictions that the government imposes in the interests of individuals and the country.

However, in the historic Shreya Singal v. UOI2 decision in 2015, the supreme court knocked down section 66A of the IT Act and upheld the right to free speech in modern times.

. Indecent portrayal of women (prohibition)Act, 1998: Sections 3 and 4 of these Acts protect women from participating in pornography and punish those who circulate obscene material. Obscenity (including pornography 1) was also punishable under sections 292-293 of the IPC .

. Indian Penal Code- Any person who violates the aforesaid laws should be prosecuted under the provisions of the Indian penal code (IPC). Section 295A, for example, prohibits willfully disparaging religion or religious beliefs. Section 153A: inciting hatred between groups on the basis of religion, race, or other factors. Sections 499 and 505 deal with defamation and statements that promote public harm. Women's modesty is insulted in Section-509. Sections 506 and 124A deal with criminal intimidation and sedition, respectively. Sections 499 and 500 of the Civil Code are the main regulations that protect people against social media abuse. This specifies that anyone who makes a defamatory statement, whether oral or written, with the goal to injure someone's reputation is subject to these laws.

The government agency made advantage of these platforms to reach out to stakeholders and hear their concerns and perspectives. This is also done in order to ensure public engagement and policy creation. The goal here is to figure out why you're using social media in the first place, this could be for public interaction, policy promotion, generating brand goodwill, or simply raising awareness.

Government Organizations Have Guidelines For Using Social Media

. It may be a social bookmarking site like Amazon or a self-publishing platform like YouTube. It is dependent on the length of the interaction and the best technique to conduct it. Whether it is open to the general public or simply to specific professionals, i.e. stakeholders, and whether or not it is legal to use.

. The organization's online identity must be established by establishing unique login IDs and passwords. What method will be used to update the information and how will it be done? And who will handle which assignment, as well as how the responses to each individual will be sent and what the answer format will be.

. What form of content should be used to upload as part of your communication strategy? Avoid spreading rumours and false information by providing unverified facts.

. Creating the pilot: If you're going to use a new social media platform, you should do a demo first to see how efficient it is and whether it's appropriate for the organization's goals.

. Institutionalized social media: This is the ultimate phase in the process of stabilising rules in policymaking, all key events, and website updates.

Latest Controversy on Social Media : banning of Tik Tok -

It all started when the Madras High Court issued an order in April 2019 ordering the state government to outlaw the download of the Tik Tok App, deeming it unsafe for minors. The Indian government declared it illegal on June 29, 2020, citing threats to India's sovereignty, integrity, security, and public order. This act of prohibition was carried out in accordance with section 69A of the Information Technology Act, as well as the stipulations of the Information Technology Act.

The ministry of electronics and information technology has received accusations from a variety of sources alleging that it is unauthorizedly taking data from customers and sending it outside of India. The Indian Cyber Crime Coordination Centre (Ministry of Home Affairs) has also issued suggestions for prohibiting harmful apps.

Conclusion & Findings

Cybercrime is a huge threat to all developing and developed countries of the world, as well as to a country's economic progress, as financial institutions are the most vulnerable to cybercrimes. Cybercrime suspects are frequently based in a country with no or weak cyber laws, limiting identification and punishment prospects. Cyber laws govern today's cybercrimes, which is a key role of cyber security in India, as these types of crimes are becoming more widespread. According to figures from social media, there are 3.725 billion active social media users who spend an average of 142 minutes per day on the network. Between 2018 and 20197, there is a 328 million user increase. We might conclude that social media has become an integral component of our lives. There are also certain social media campaigns, such as the #Metoo movement, which is well-known and in which everyone, even celebrities, has participated and shared their tales; this has grown into such a big movement that many people have been punished by law. #bringbackRolacola, a sweet created by Parle Company, is another movement. We can see that social media is both a blessing and a curse; on the one hand, it allows people to connect with their loved ones, while on the other hand, it allows people to become victims of cyberbullying and other forms of harassment. To prevent misuse, the government should enact strict rules in this area, as well as an effective law enforcement agency. Organizations can now use the legal framework established by the IT Act of 2000 to conduct e-commerce. Legal validity and sanction have been granted to digital signatures. It also assists the government in issuing web-based notifications, ushering in e-governance. However, the information technology act was last revised in 2008, and technology has advanced significantly since then, consequently, it is critical that the regulations remain current with evolving technologies and improvements. Cybercrime has the potential to be extremely devastating on a global scale. Keeping in mind the consequences of a slack system, regulations must be regularly modified regularly, and new laws enacted to keep up with modern-day offences.

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