Cyber Jurisprudence at Indian and International Level

Abstract:

The human desire of reaching technological pinnacle has been aided by the development of the internet. In current digital age, every man's everyday life involves this virtual platform in one way or another. As things are, technology and humans are now interwoven. Notwithstanding its ability to benefit humanity, technology has also been characterized as a threat to user privacy and data security.

The ability to link individuals globally and spread useful knowledge about the present situation is one of the major functions of the internet. However, cybercriminals have used this internet as a tool to carry out crimes and illegal acts. Cyber laws and regulations become necessary at this point. These modern crimes, however, mix well with more established ones like fraud, theft, mischief, and defamation.

Introduction:

Technology has advanced in every direction, resulting in the functionalistic advancement of society. The cyber world is far larger and more expansive than any other aspect of communication, which is why this era was dubbed the "age of artificial intelligence." Anyone is welcome to participate as it is open to all. Even if it helps by breaking down barriers and bringing new information to individuals, it has been used as a tool for criminal activity.

The vast array of cybercrimes can be divided into two groups for simpler understanding. Type one cybercrime is defined as a single incident and includes e-commerce fraud, virus attacks, phishing, and identity theft. Type two cybercrimes are extremely serious in nature and include things like persistent contact with the victim, cyberstalking, harassment, and extortion. A continual series of events is creating a chain of crimes.

Indian cyber law:

Roscoe Pound believed that laws ought to adapt to reflect societal changes. A variety of new age crimes have been made possible by the misuse of cyberspace. The Indian parliament passed the Information and Technology Act, 2000 with the express purpose of combating cybercrimes. This Act was enacted on October 17, 2000; an amendment was made in 2008. It regulates and penalizes illegal activities that take place online and have the potential to violate the rights of users.

Cyber crimes are categorised into two,

• Crimes committed against the computer – hacking, virus attack, trojan.

• Committed cyber crimes affecting in reality – cyber violence, cyber bullying, financial losses, loss of intellectual property, fraud.

Cyber laws at international level

The United States is believed to have the strongest and most efficient cyber security rules and regulations in the world. The purpose of the 2017 Consumer Protection Act was to protect customer privacy and stop data theft. This holds true for any establishments or businesses that gather and utilize personal data about their users. In most cases, the fine for improper use of a customer's private information is limited at $5 million. However, there will be an extra $5 million fine if the same was reported as international misuse. In addition, a few Acts have been proposed in the US to further the shared objective of cyber security.

United Nations (UN): The UN has taken a proactive role in talks and projects pertaining to cyberspace and cybersecurity. A number of resolutions that highlight the value of international collaboration in combating cyberthreats and advancing stability in cyberspace have been adopted by the UN General Assembly.

Definition of cyber jurisprudence

Cyber jurisprudence can be defined as the branch of legal theory and practice that deals with the principles, rules, and regulations governing activities in cyberspace. It encompasses the development, interpretation, and enforcement of laws related to the internet, digital technologies, and online interactions. The goal of cyber jurisprudence is to handle the myriad legal problems that the digital age has brought forth, including problems with online privacy, cybersecurity, electronic transactions, intellectual property rights, and the right to free speech in digital spaces.

Brief overview of the international and Indian legal frameworks for cyber jurisprudence

The international legal framework for cyber jurisprudence consists of a variety of treaties, conventions, and agreements that aim to address legal issues in cyberspace at the global level. Adopted by the Council of Europe in 2001, the Budapest Convention on Cybercrime is one of the basic agreements in this area. This convention establishes legal frameworks for combating cybercrime, including offenses such as hacking, computer fraud, and child pornography, and promotes international cooperation in investigation and prosecution.

International cyber law is also greatly influenced by institutions such as the United Nations (UN). In order to address cybersecurity concerns and promote standards of responsible state behaviour in cyberspace, the UN has released a number of resolutions and studies. International discussions on cybersecurity and cyberwarfare have advanced thanks in large part to the UN Group of Governmental Experts (GGE) on Developments in the Field of Information and Telecommunications in the Context of International Security.

Legislative enactments and judicial interpretations pertaining to legal concerns emerging from the use of digital technology have contributed to the evolution of cyber jurisprudence in India. The main piece of legislation controlling cyber activity in India is the Information Technology Act, 2000 (IT Act). It creates sanctions for cybercrimes like hacking, identity theft, and data breaches and gives legal validity to digital signatures, electronic transactions, and electronic records.

Furthermore, through significant rulings, the Indian judiciary has been instrumental in the interpretation and implementation of cyber laws. Cyber jurisprudence in India has been shaped by cases like Justice K.S. Puttaswamy (Retd.) v. Union of India, which addressed the right to privacy in the digital age, and Shreya Singhal v. Union of India, which dealt with online freedom of speech. These cases have established precedents for future cases and clarified legal principles.

Conclusion:

Examining cyber laws makes it evident that the government is working to prevent and criminalize this new form of crime, whether it is committed domestically or abroad. It is not an easy procedure to finish, though. In addition to competing technical hypes, our generation has seen multiple social changes. Even after cyber laws are passed and put into effect, the government should prioritize its duty to increase internet users' understanding.

References:

1. mailto:https://www.ijlra.com/paper-details.php?isuurl=cyber-jurisprudence-at-indian-and-international-level-by-sonia-balhara-

2. IT Act, 2000

3. IPC 1860

This article is authored by Salmanul Farizy. He was among the Top 40 performers in the ADR Quiz Competition organized by Lets Learn Law.