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Cyber Laws

Cyber law is an emerging field in legal circles today. Experts who can interpret the legal implications of violations of the IT 2000 Act are crucial in protecting the interests of website owners, big or small. As Internet crime is on the increase and hackers seem to find new ways of exploiting the potential of the web in illegal ways, these issues relating to cyber laws needs a strong technical as well as legal skills.

Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.

The Computer crime, or cyber crime, refers to any crime that involves a computer and a network. The cyber crimes mostly involve hacking, copyright infringement, child pornography, and child grooming.

Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
Internet has played very important role in the development of information and technology worldwide. It is the need of this era to regulate the cyber crime in India because of the increasing rate of cyber crime. Impact was greatly felt in India as well. Another development was the Technological Convergence which has enabled the use of integrated services over the same network, such as, news, telephony, television or personal computing. With the growth of Cyberspace need was felt to have a legal framework for evolving a regulated code of conduct for online activities in the electronic medium.
Cyber crimes

We can categorize Cyber crimes in two ways
The Computer as a Target:-using a computer to attack other computers.
e.g. Hacking, Virus/Worm attacks, DOS attack etc.
The computer as a weapon:-using a computer to commit real world crimes.
e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.

Cyber Crime regulated by Cyber Laws or Internet Laws.
Laws relating to cyber law
The enactment of the Information Technology Act, 2000 was a major step towards the formulation of Cyber Law in India. The Information Technology Act, 2000 has amended certain Acts, namely, The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Banker’s Book Evidence Act, 1891 and The Reserve Bank of India Act, 1934 to deal with the emerging cyber crimes. Certain acts in the cyber space have been made punishable under the Information Technology (IT) Act, 2000. Electronic records have been given legal recognition under the Act. By virtue of the amendments in the Indian Penal Code, several offences relating to cyber space can be registered under the appropriate sections of the Indian Penal Code.

The cyber crime encompasses a broad range of potentially illegal activities. Generally, however, it may be divided into one of two types of categories:

(1) Crimes that target computer networks or devices directly;

(2) Crimes facilitated by computer networks or devices

MODE AND MANNER OF COMMITING CYBER CRIME:

I. Unauthorized access to computer systems or networks / Hacking

II. Theft of information contained in electronic form

III. Email bombing

IV. Data diddling

V. Salami attacks

VI. Denial of Service attack

VII. Virus / worm attacks

VIII. Trojan attacks

IX. Internet time thefts

X. Web jacking

Cyber Regulation Appellate Tribunal
Cyber Appellate Tribunal has been established under the Information Technology Act under the aegis of Controller of Certifying Authorities (C.C.A.).
The Information Technology Act, 2000 has empowered the Central Government to establish one or more Cyber Regulations Appellate Tribunal. The Act requires that a Cyber Appellate Tribunal shall consist of one person only to be referred as the Presiding Officer of the Cyber Appellate Tribunal who is to be appointed, by notification, by the Central Government.
The Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of five years. Subject to certain provisions, any person aggrieved by an order made by controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction in the matter.
The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings. Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of such order.

The firm has a team of experts who can provide you with a comprehensive understanding of the relevant legal issues.

 

 

We can categorize Cyber crimes as,

  1. Unauthorized access & Hacking:-
  2. Trojan Attack:-
  3. Virus and Worm attack:-
  4. E-mail & IRC related crimes:-

The firm realizes the dynamic nature of the Internet and the network of laws that govern it. In order to properly navigate the legal intricacies of launching or maintaining web-based business operations, the firm has a team of experts who can provide you with a comprehensive understanding of the relevant legal issues.