a survey on cyber law
TRANSCRIPT
Santosh Panda, Student M.Phil([email protected])
P.G. Department of Computer Science and ApplicationsSambalpur University, Jyoti Vihar, Odisha, India.
A Survey on Cyber Law : Key Issues, Emerging Challenges, its Implementations and Solutions in India.
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Contents1. Introduction.
2. Key Issues and Emerging Challenges.
3. Enforcement of Law- Its Implementations and Solutions in India.
4. Conclusion.
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Introduction. The Cyber Law, the law on Cyber space also known as Internet
Law is a divergent field of law which portray the lawful issues related to Information and Communication Technology (ICT).
The Cyber Law in INDIA is in existence with Indian Penal
Code (IPC) 1860, Information Technology Act-2000 (ITA-2000) and ITA-2008 (amendment) in its place further it has a lot of issues and emerging challenges.
The challenges are emerging because it is a law on technology which is emerging and there is a need of enforcement of new laws and should be amended in evolutionary.
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continues….
Due to increasing use of cyber space or internet, emerging growth of technology in Cyber ecosystem and misuse or unauthenticated access of data there are a lot of criminal activities.
There are a lot of issues in the cyber space due to which
the crime increases with the increasing use of internet
and technologies.
Due to a lot of issues and challenges the existing control of internet is not sufficient for our nation, India which affects not only our society but also economy.
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Some of the imperative inside of IT Act of India (ITA-2000) on internet and e-commerce are given below .
E-Governance Attribution, Acknowledgement and Dispatch of Electronic Data and Records Regulation of certifying Authorities Digital Signature Certificate Duties of Subscribers Penalties and Adjudication The Cyber Regulations Appellate Tribunal
And some of the more clauses are amended in ITA-2008 under Department of Electronics and Information Technology (DeitY), Ministry of Communication and IT, GoI.
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continues….
2-sides of Cyber Law
Key problem areas in Cyber like security issues, ethical issues, lack of standardization and globalization, and the emerging challenges.
To enforce it into Law, its implementations and some of the solutions that may be incorporated for effective implementation of Cyber Law in India.
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2. Key Issues and Emerging Challenges.1. Security Issues- Techno legal framework and proper legal
practice. The categorization of Cyber law in India needs intelligence, transparency and reforms. GoI should normalize it in intervals. India must also reconcile civil liberties and national
security requirements while protecting Indian Cyberspace .2. Ethical Issues- The challenge is to train and produce more ethical hacker with the knowledge of grievances and laws.
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continues….3. Lack of Standardization and Globalization-The
challenge is to put the Cyber law as a global issue and implement a uniform law irrespective of territory and boundaries.
4. Evolution of new Technology- It is a big issue for Cyber lawyers and GoI as new Act
should be amended in advance of the technology. The challenge is to implement a global techno-legal corporate.
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continues….5. Increasing Use of Social Network-A legal
framework should be implemented for the social media partner, service provider and the customers to reduce the misuse of Data. Establishing more Cyber crime cells in India by Crime Branch of India to assist and conscious the citizens.
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INTERNET USE, POPULATION DATA ANDFACEBOOK STATISTICS
Country Population ( 2014 Est.)
Internet Users,(Year 2000)
Internet Users30-Jun-2014
Penetration(% Population)
Users% Asia
Facebook31-Dec-2012
India 1,236,344,631 5,000,000 243,000,000 19.7 % 17.5 % 62,713,680
(Source: http://www.internetworldstats.com/stats3.htm)
3. Enforcement of Law- Its Implementations and Solutions in India.The Cyber Law should have a strong basis for
implementing lawsuit in a court of law.The techno-legal corporate can be implemented and
incorporated with some grievance policies, predictive policing and law firms in India.
Different trends like the Cyber Security Legal Practice for the Cyber Lawyers under the global trend and different platforms as a joint project and consultancy like naavi and Cyberlaws Consulting Centre (CCC) should be implemented as a solution for identifying issues and challenges for Cyber Law.
The field of Cyber Law may need more research as an academic curriculum by integrating IT and Law.
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continues….
The GoI shall establish more Cyber Regulations Appellate Tribunal (CRAT) also known as Cyber Appellate Tribunal (CAT) in ITA-2008 (amendment) for the regulation and monitoring of Cyber Law.
Establishment of the Standing Committee on Information Technology and Cyber Regulation Advisory Committee in regular interval, to find out the statistics of crime, issues and future challenges of the Cyber Law in India can be a major implementation and solution.
The taxonomy or framework of IT Act shall be multidimensional.
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4 . Co n clu sio n .
The regulations of Cyber Law is an evolutionary, very complex process having vast number of issues and challenges due to diversifying nature of both technology and crime.
However some of the major solutions that can be implemented for the challenging issues of Cyber Law, that are- awareness of Cyber law for the society, implementation of CAT, Cyber Law requires effective law enforcement in a multidimensional approach, regular improvement and amendments of IT Act, implementation of Tech-legal corporate with legal policies, Law firms, consultancies and different platform or project can be done.
Implementation of more Cyber crime cells in India and need of more Cyber lawyers shall require for the growing rate of cyber crime. The global inventiveness to revitalize the Cyber Law shall play a crucial task in removing existing lacunae in Cyber Law.
Globalization of Cyber Law is very difficult issue but in future the global techno-legal corporate can be incorporated by GoI in Public Private Partnership (PPP) mode to reduce the Cyber crime and terrorism in India to meet the issues and challenges of Cyber Law.
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References.[1].A survey on Indian Cyber crime and law and its prevention approach.
International Journal of Advanced Computer Technology. [Online] Available: http://ijact.org/volume1issue2/IJ0120022.pdf
[2]. Cyber security trends and developments in India 2013[Online] Available: http://ptlb.in/ccici/wp-content/uploads/2013/12/cyber-law-trends-and-developments-of-india-2013.pdf
[3]. Cyber security and related issues: comprehensive coverage. [Online] Available: http://cybersecurityofindia.blogspot.in /2014/11/cyber-security-and-related-issues.html
[4]. Predictive policing: the future of law enforcement [Online] Available: http//www.nij.gov/journals/266/pages/predictive.aspx
[5]. Building a responsible cyber society [Online] Available: http://www.naavi.org/[6]. http://cyberlawsconsultingcentre.com/[7]. Standing committee on Information Technology (2013-2014) [Online] Available: http://164.100.47.134/lsscommittee/Information%20Technology/15_Information_Technology_52.pdf[8]. Cyber Regulation Advisor Committee, 5th Sept. 2014. [Online] Available:
http://deity.gov.in/sites/upload_files/dit/files/Min-CRAC-5%20Sept.pdf[9]. http://deity.gov.in/content/cyber-laws[10]. Relevancy and Applications of Cyber Law in India [Online] Available:
http://www.lawyersclubindia.com/articles/Relevancy-and-Application-of-Cyber-Laws-in-India-3587.asp#.VO9snGgXmSo
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Queries Welcomed….
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Thank You.
Santosh Panda Student, M.Phil.
P.G. Dept. of Computer Science and ApplicationsSambalpur University, Jyoti Vihar, Odisha, India.
Mail-id: [email protected] No: +91 94379 46264
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