THE ROLE OF CYBER LAW IN CYBERSECURITY IN INDIA

THE ROLE OF CYBER LAW IN CYBERSECURITY IN INDIA

Author: Naman Jain a Student at Galgotias University

Introduction: –

Cyber law is the legal system which deals with the internet, cyberspace, computer and all matters related to information technology. It covers wide range of topics such as contract law, intellectual property laws and privacy laws.it directs the electronic circulation of information, software, data security and electronic commerce. Basically, it is a law which dals with cybercrimes. In our progressing digital age, there has been phenomenal surge in e-commerce and online stock trading, this leads to a greater number of cybercrimes.

Types: –

There are various kinds of cybercrimes, they are enumerated below: –

• Cyberbullying: – It includes posting, sharing negative, harmful, false or mean content about someone else. Basically, it is the practice of harassing or bullying others using electronic devices like computers, mobile phones etc. The use of digital technology such as, social media, gaming platforms conducts this type of bullying. Also, this involves repeated behaviour i.e., intended to anger, scare or shame those being targeted.

• Cyberstalking: – It is the crime, which is committed when someone uses the internet and other technologies to harass or stalk another person online. It is usually done through emails, texts, social media posts and other forms and is often deliberate and persistent.

• Child pornography or child sexually abusive material: – It includes any material, which contains sexual image in any form, wherein both the child being abused or exploited may be seen.

• Cyber grooming: – It involves a person, who builds a relationship with a teenager and having a technique of luring, teasing or even putting pressure on them to perform a sexual act.

• Online sextortion: – When an online predator tricks someone into giving them nude pictures or videos, then blackmails and demands money or more pictures. It occurs when the cybercriminal threatens any individual to publish some private or sensitive material on an electronic medium.

• Online job fraud: – By this scheme people who are in need of job are mis leaded by promising them a better job with higher wages. On 21st March, 2022, the Reserve Bank of India warned people not to fall prey to these job scams. It was explained there, what precautions should be taken by a common man before applying for any job.

• Credit or Debit card fraud: – In this kind of fraud, unauthorised withdrawals are made from another’s card to gain access to their funds. It occurs when a criminal gains access to the PIN number of the cardholder.

• Phishing: – It is the practice of pressuring or manipulating people, to send information or assets to the wrong people. When the emails appear to be legitimate but actually, they contain malicious attachments, which are designed to steal personal information such as, CVV, PIN, ID etc. from the user and then they are sold to the dark web.

Prevention: –

There are few steps, following which one can protect himself from cybercrime. Some of them are enumerated below: –

• Using a strong password; – This is one of the simplest ways, by which one can protect himself from cybercrime. One should avoid using simple passwords (such as, 12345…. Or abcde…) which are too easy to guess. Also, avoid using the DOB or partner’s name. Instead use a unique password which is a combination of numerals, alphabets and symbols.

• Keeping the software updated: – Normally, the cybercriminals take the advantages of glitches and flaws in one’s software for gaining access to the systems. Thus, if the software is updated to the latest version, cybercrime can be prevented to some extent.

• Protection from phishing: – Normally, it attacks call for an urgent action prompting one to click some link or act immediately to claim the attractive rewards and so on. So, in order to prevent it, one needs to identify or recognize it and avoid it.

• Talk to children: – The internet and technology have become a necessity thing in a student’s life. We should spread awareness among the children about the use of internet and the risks that come with it. One should ensure that your child comes to you, if he or she faces any online harassment or abuse.

Laws in India: – Cyberlaw plays a very significant role in this era of internet and technology. Their founders have never imagined, this will be used in any kind of criminal activities. To prevent this increasing number of cases, proper laws are needed to deal with it. In India, the Information Technology Act,2000 contains cyber laws, whose aim is to afford legal recognition of electronic records of the government. There are various rules and regulations under cyber laws which deals with the security procedure and certifying authorities.

The important provisions of the Act: –

1. Section 43- It applies to individuals who indulge in cybercrimes such as damaging the computers of the victim, without taking the due permission of him.

2. Section 66 – It applies to any conduct described in Section 43 which is fraudulent or fraudulent.

3. Section 66B– It describes the penalties for fraudulently receiving stolen communication devices or computers and confirms a possible three-years prison sentence.

4. Section 66C- The aim of this section is digital signatures, password hacking and other forms of identity theft.

5. Section 66D- It involves cheating by personating using computer resources.

6. Section 66E- Under this section, it is a punishable offence to take pictures of private areas, publish or transmit them without a person’s consent.

7. Section 67- It involves electronically publishing obscenities.