AUTHOR: KETHAM MADHURI, DY PATIL COLLEGE OF LAW, NAVI MUMBAI , MAHARASHTRA
ABSTRACT
“Cybercrime- A real threat to the real world”. This research paper presents about cyber-crimes occurring in our society. Analyses and discusses provisions of cyber laws which prevent cyber-crimes in the society. Discuss about cyber security. Mentions about possible measures that has to be followed by individuals to prevent cyber-crimes. Also mentions special measures related to protecting children from cyber-attacks.
KEYWORDS
Cyber law, cyber security, cyber space, cyber-crime, information technology.
INTRODUCTION
In this digital world where the dependency on the digital space is growing dramatically, the threat to digital space data is also increasing which is leading to an increase in cyber-crimes in the society. Every aspect of day-to-day life is dependent on mobiles, laptops. There is a great chance of infringement of your professional data and your personal data. Nowadays we are witnessing that children are getting affected by these cyber-attacks like- cyber bullying, cyber stalking. which can cause a negative impact on the children.
Cybercrime is infringement of your personal and professional data in cyberspace by using electronic devices as medium.
REASONS FOR CYBER CRIMES
Cyber criminals mainly perform cybercrimes for financial benefits, to cause major loss to the companies, persons and with an intention to defame others cyber criminals perform various acts.
TYPES OF CYBER CRIMES
Identity theft, Phishing, online financial fraud, hacking, cyber bullying, cyber stalking, spyware, credit card fraud, Ransomware, Data infringement etc.
CYBER LAWS
These laws provide provisions related to cyber security, data protection rights to the individuals, prevention of cyber-crimes, punishments for the cyber criminals.
The Indian government had introduced the information technology act (IT) of 2000 and the digital personal data protection act (DPDPA) of 2023.
Right to privacy is a fundamental right under article 21 of the Indian constitution.
The fight against cybercrime needs a comprehensive approach. Given that technical measures alone cannot prevent any crime, it is crucial that law enforcement agencies investigate and prosecute cybercrime effectively.
ANALYSIS OF PROVISIONS IN IT ACT 2000
CHAPTER-3 of IT act 2000- deals with electronic governance, which includes:
Legal recognition of electronic records
Legal recognition of electronic signatures
Detention of electronic records
This section also specifies rules and regulations that have to be followed while publishing in electronic gazette.
CHAPTER-5 of IT act 2000- deals with securing of electronic records and securing signature:
SECTION- 16: Security procedure and practices
This section provides provisions regarding the procedure that has to be followed to secure the data and what are the practices that must be implemented to secure data and to avoid infringement of data.
CHAPTER-8 of IT act 2000- deals with duties of subscribers:
SECTION-40: Specifies provisions of generating key pair
SECTION-41: Signifies provisions for accepting of digital signature certificate
SECTION-42: Provisions related to control of private key
These are all the provisions provided in IT act 2000 for attaining data security which helps to prevent cyber-crimes.
CHAPTER-10 of IT act 2000-deals with appellate tribunals:
The aggrieved person or the individual who is suffering from cyber-attacks can file an appeal for claiming their data privacy rights in these appellate tribunals.
CHAPTER-11 of IT act 2000- deals with various offences
SECTION- 65: Tampering with computer source documents
SECTION-66: computer related offences
SECTION-66 C: Deals with various punishments for identity theft, cheating, violation of privacy, cyber terrorism and for transmitting obscene material in electronic form
SECTION 70 A: National nodal agency
SECTION 70 B: Indian computer emergency response team to serve as national agency for incident response
SECTION 72: Penalty for breach of confidentiality and privacy
DETAILED ANALYSIS OF IT (INTERMEDIARY GUIDELINES & DIGITAL MEDIA ETHICS CODE) RULES 2021
PART 2: Deals with due diligence by intermediaries & grievance redressal mechanism
Due diligence related to social media, online gaming, news & current affairs content.
PART 3: Signifies provisions regarding code of ethics & procedure & safeguards in relation to digital media.
RULE 9- Provides 3 tier structure for observance and adherence to the code
Level 1- self-regulating by the publishers
Level 2- self regulation by the self-regulating bodies of the publishers
Level 3- Oversight mechanism by central government
Hence, if we follow all the above discussed provisions provided by it act 2000 and its rules, we can safeguard ourselves and the cyber space from cyber-crimes.
DETAILED ANALYSIS ON DIGITAL PERSONAL DATA PROTECTION ACT, 2023
This act is also known as DPDP Act- 2023 which provides provisions for the processing of digital personal data in a manner that recognises both the right of individuals to protect their professional data and the need to process such personal data for lawful purposes.
CHAPTER-2: provides provisions related to grounds for processing personal data.
SECTION- 10: provides additional obligations of significant data fiduciary.
The Central Government may notify any Data Fiduciary or class of Data Fiduciaries as significant Data Fiduciary, on the basis of an assessment of such relevant factors as it may determine, including;
Risk of rights of Data Principle
Risk of electoral democracy
Security of the state
The volume and sensitivity of personal data processed
Public order
CHAPTER-8: PENALTIES AND ADJUDICATION
While determining the amount of monetary penalty to be imposed, the board shall consider the following matters:
The nature, gravity and duration of the breach.
The type and nature of the personal data affected by the breach.
Respective nature of the breach.
Whether the person, as a result of the breach, has realised a gain or avoided any loss.
whether the monetary penalty to be imposed is proportionate and effective, having regard to the need to secure observance of and deter breach of the provisions of this act.
Whether the person took any action to mitigate the effects and consequences of the breach, and the timeliness and effectiveness of such action.
These are the provisions related to digital data protection that one must follow to protect their digital data from cyber-attacks.
DETAILED ANALYSIS THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT(COPPA)
The Children's Online Privacy Protection Act (COPPA) is a federal law that protects the personal information of children under 13 years of age.
The act was passed in response to a growing awareness of internet marketing techniques that targeted children and collected their personal information from websites without any parental notification.
This act applies to online services, apps, websites and other devices that are directed to children under 13 or collect personal information from them.
ESSENTIALS:
Operators shall:
Obtain verifiable parental consent before collecting, using or disclosing a child’s personal information.
Allow parents to protect further use.
Notify parents of their information practices.
Provide parents access to their child’s personal information.
Include a link to the operators online of its data collection practices in any notice sent to a parent.
Protect the confidentiality, security and integrity of the personal information.
Right to revoke consent and have information deleted.
Limited collection of personal information when a child participates in online games and contests.
These are the essentials that an operator shall follow to avoid cyber-attacks related to children.
MEASURES TO BE FOLLOWED TO PREVENT CHILDREN FROM CYBER CRIMES
Create awareness about cyber crimes
Parents have to keep an eye on their children on what type of content their children are watching.
Create strong key passwords
Advise your children that they should not talk to strangers on WhatsApp, Instagram, telegram etc.
Parents should try to spend more time with children so that children can decrease their screen time slowly.
Establish more cyber-crime police stations to ensure speedy justice to the victims.
Recently Delhi high court organises online workshop to create awareness on child sexual abuse and also launched cyber awareness interactive videos.
DETAILED ANALYSIS ON CYBER SECURITY ACT- 2012
This act was developed in response to an increasing number of cyber attacks on both private companies and the United States government. As the country increasingly relies upon the internet to conduct business, the critical services upon which we rely have become increasingly vulnerable to cyber threats.
Provisions
Determine the greatest cyber vulnerabilities
Protect our most critical infrastructure
Protect and promote innovation
Improve information sharing while protecting privacy and civil liberties
Improve the security of the federal government’s networks
Strengthen the cybersecurity workforce
Coordinate cybersecurity research and development
CONCLUSION
Through this article we can gain a brief knowledge about cyber-crimes, types of cyber-crimes, what measures that have to be followed in reducing cyber-attacks and role of cyber laws in precluding cyber-crimes. This article also provides detailed analysis of various provisions related to cyber-crimes that has to be followed in precluding cyber-attacks through which the digital data privacy of an individual is protected. This article also provides detailed analysis on various acts like-information technology act, information technology rules and guidelines and digital media ethics code, cyber security act, children’s online Privacy protection act.
REFERENCES
Information Technology Act- 2000
Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules- 2021
Information of cyber laws and cyber-crimes by live law
The Cyber Security Act of 2012
Children’s online Privacy Protection Act
Digital Personal Data Protection Act,2023 from- Ministry of Electronics and Information Technology
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