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A Study on Emerging Issue on Cyber Law

Conference Paper · November 2014

DOI: 10.13140/RG.2.1.3007.8568

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 A Study on Emerging Issue on Cyber Law
Kanika Chhabra
Student, CoLS,
UPES, P.O. Bidholi via Prem Nagar,
Dehradun, Uttrakhand-248007
kanikachhabra043@gmail.com
Abstract
Today, one and all are moving towards the era of
digitization and networking, wh ich undoubtedly
brings assorted benefits in d ifferent fields such as e-
commerce, co mmunicat ion, and so on. On at a
sudden, it also gives rise to the new criminal
methodology, generally known as cybercrime. To
stop crimes of such a virtual world, spotlight is
required on related laws and orders. There are many
laws and measures which are framed and have been
taken in order to prevent these evils such as IT ACT
2000, National Cyber Security Policy etc. Although
the term cybercrime has neither origin, nor reference
point in law and also the activit ies such as cyber
vandalism, cyber vio lence and cyber rape are not
categorized and have legal status under cybercrime.
This paper main ly focuses on the challenges under
cyberspace and highlights the urgent need for
reformat ion in India’s cyber edict framework and
various issues in which cyber law enforcement lacks .
Keywords: Cyber law, Cybercrime.
1. Introduction
In the scenario of technological development, around
the world, it is rapidly gro wing in a very positive
way. But along with that few anti things also comes
to the limelight. One of the aspects is rapid growth of
digital and network technology, which helped in
developing a virtual world of cyberspace. Cyber
space brings great boomin every field of lifestyle and
economy but parallel to the same, there is a growth of
Gunjan Chhabra
Assistant Professor, CoES,
UPES, P.O. Bidholi via Prem Nagar,
Dehradun, Uttrakhand-248007
gchhabra@ddn.upes.ac.in
new crime, which is called cybercrime. Internet was
initially developed as a research and informat ion
sharing tool and now it is either the tool of the target
or both to commit cyber crime. As the time passed by
it became mo re transactional with commun ication, e-
commerce, e-governance etc. All the legal issues
related to internet crime are dealt under cyber laws.
As the number of Cybercrime such as unauthorized
access and hacking, Trojan attack, virus and worm
attack, denial o f service attacks etc. are increasing;
the need for related laws and their application has
also gathered great force.Cybercrime has neither the
origin, nor the reference in the law.On the tenth
United Nations Congress on the Prevention of Crime
and Treatment of Offenders, in a workshop devoted
to the issues of crimes related to cyber space,
cybercrime was divided into two categories and
defined thus:
(a) Cybercrime in a narrow sense that is computer
crime in wh ich any illegal behavior done by the
means of electronic operations that targets the
security of computer systems and the data processed.
(b) Cybercrime in a broader sense which is computer-
related crime any illegal behavior co mmitted by
means of an operating system or network, including
such crimes as illegal possession or distributing
informat ion by means of a computer system or
network.
According to the tactical aspect attacks to digital
networks for the purpose of seizing control or even
destroying infrastructures that are vital to
governments and sectors areof the crucial
importance.According to the Norton report frequency
of cyber attacks on Indian assets, with the
government and private infrastructure equally
exaggerated. In July 2013 government published
national cyber security policy and just after that it
was reported that government official’s emails had
been hacked. The NCSP is far fro m answering all
nuances of the cyber threat. It doesn’t maximize its
potential fo r optimu m benefit it just only provides
guidelines for the standard operating procedure. The
crucial point of security concern related to teleco m
industry which is fully integrated into cyberspace is
missing.
In this a steady increase in number of such crimes in
this area is expected which demands for greater
attention of lawmakers.
2. Literature Survey
Advancement of technology leads to the rise of
criminal activ ities and IT Act 2000 p rovides the ways
to deal with the cyber crimes. Th is model contains
positive aspect from the prospective of e-co mmerce
but it doesn’t solve all the problems and is sue
overnight [1]
IT Act considered to the ambiguous law as the area
of jurisdiction in the context of the internet is unclear.
Co mputer forensics is gaining significance in the
field of investigation of cybercrime evidence as in the
real world the evidence are tangible but in the virtual
world of cyberspace it is difficu lt to expunge the
informat ion fro m the co mputer system and for
handling this computer forensics efficient and
knowledgeable co mputer expert because any
carelessness leads to the loss of evidence. [2]
Though IT (amend ment) Act 2008 tackles moreeven
after its amend ment IPC doesn’t use the term
‘cybercrime’ at any point.After the year 2008 it can
be seen that there is increase in the cybercrime as
criminals d iscover loopholes within that law and they
perform the illegal activit ies. Cybercrime can be
against the person, property and government[3]
There are few court precedents to look for guidance
and old laws d idn’t quit fit the crime being
committed. There is need to push cyber laws. Our
system should provide for stern punishment so that
criminal acts as a deterrent for other. [4]
Applicability of cyber law increased by IT Act
(amendment) 2008. The defin ition part of evidence
act was amended. [5]
Territorial jurisdiction is major issue which is not
satisfactorily addressed in IT Act 2000. It is generally
seen that the investigator generally avoid to take the
complaints on the ground of jurisdiction. [6]
The growth of the India has not been achieved as all
the faces which include E- courts, online dispute
resolution functionality, good cyber law, cyber
forensic etc. IT Act needs the revision. And there
should be provision of scientific and technical
professional training to lawyer in India. [7]
Cyber crime is the one of the emerg ing trend of crime
which has the prospective to destroy each and every
aspect of the life as it is easy to commit but it’s really
hard to detect and often hard to locate in jurisdiction
terms, given the geographical indeterminacy of the
net. [8]
There is need fo r the Cyber Security to protect the
evolving ICT. The expert group should find and
recommend suitable mix of solutions in critical ICT
systems supporting the governance structure of the
nation.[9]
By understanding the threat of the cyber developing
capacity for offensive actions in this cyber domain is
a sine quo non. Nations, non-state actors, terrorists,
groups and individuals pace a challenge to growth
which is increasing going to be dependent on the
cyber domain so there is need to identify technology
in this regard.[10]
Any person who commits malicious act called
adversary. Adversary may be outsider and insider.
Outsiders are other than insider. Insider is one who
authorizes access to nuclear facility or sensitive
operations. They complimented by their authority
such as power to gain ad mittance. Cyber crime is
mu lti-billion dollar problem and for great pro mise of
the computer age there is need to enforce effect ive
law to keep drawbacks for over shadowing.[11]
Cyber security is major concern of government and
private sector around the world. Cyber threat can be
in the form of cyber attack, but can also be in result
of “mistakes” or even natural disasters. So there
should be specific approach to the particular problem
in the framework of cyber security [12]
There are various challenges which need to be
addressed in cyberspace such as cyber security legal
issue, span galore, cloud computing legal issue,
mobile law challenges, and social media a legal issue.
To keep bay with the fraudsters the makers have to
go ext ra miles and it should be the duty of three stake
holders:
(1) the ruler, regulators and the law makers
(2) internet and network service provider or bank (3)
the user to take care of information security p laying
their respective role.
3. Cyber Laws
The 20th century introduced new requisites and
offenses to the law glossary. Legal provisions should
provide assertion to users, enforcement agencies and
deterrence to criminals as it is very important to
understand that computer cannot commit a crime but
act of people. It is the human beings, not machines,
who abuse, demolish and distortinformation. By
realizing the need to co mbat with the cyber
violations, the UNCITRA L, i.e. the Un ited Nat ions
Co mmission on International Trade Law adopted the
Model Law o f Electronic Co mmerce in 1996. It was
followed by the General Assembly of Un ited
Nation’s reco mmending that all states should give
favourable considerations to the State Model law. In
discharge of its responsibility, Govern ment of India
also accepted the need to legislate and has approach
with the new legislat ion Informat ion Technology Act,
2000. It was amp lified by its amend ments. The major
acts, which got amended after enactment Informat ion
Technology Act , are Indian Penal Code ( e.g. 192,
204 ,463, 464 , 468 to 470 , 471 , 474 , 476 etc ) prior
to enactment of IT Act , all evidences in a court were
in the physical form only after existence of IT Act ,
the electronic records and documents were
recognized. The Act essentially deals with the
following issues:
 Legal identification of Electronic document.
 Legal identification of Digital Signatures
 Offenses and Contraventions Justice
 Dispensation Systems for cyber crimes.
The IT Act 2000 attempts to change outdated laws
and provides ways to deal with cybercrimes as fro m
the prospective of E-Co mmerce in India, IT act 2000
contains many positive aspects like co mpanies
shallnow be able to carry out E-Co mmerce using
Legal Infrastructure for the authentication and origin
of electronic co mmunication through digital
signatures. But it is considered to be the ambiguous
law in thearea of jurisdiction in the context of the
Internet. As sec 1 (2) provides that the act shall
extended to the whole of India and save as otherwise
provided in this Act, it applies also to any offence or
contravention there under committed outside India by
any person. Similarly, sec 75 (2) provides that this act
shall apply to an offence or contravention committed
outside India by any person if the act or conduct
constituting the offence or contravention involves
computer, co mputer system or co mputer network
located in Ind ia. This type of provision appears tobe
against the principle of justice. In fact, the term
‘cybercrime’ at any point even after the amendment
by the IT Act A mendment 2008. There is need to
push the cyber laws.
4. Various issues under Cyber law
enforcement
4.1 Issues related with law
 Territorial jurisdiction is not satisfactory in
IT act as jurisdiction has been mentioned in
sec 46, 48 , 57 and 61 in context of
adjudication process and the appellate
procedure connected with and again in sec
80 and a part of the police officer power to
enter , search a public place for a
cybercrime etc. Since the cyber crime are
basically co mputer based crimes and
therefore if the mail o f someone is hacked in
sitting on one place by accused sitting on
another Place far in anotherstate, which
police station will take the cognizance is
difficult to determine because generally
 investigators avoid accepting comp laints on
such grounds of jurisdiction.
 Contrary to the real world crimes where
tangible evidence in form of weapon of
crime, finger prints etc are easy to find and
present in court but it is difficu lt in v irtual
world to expunge the informat ion fro m the
computer system that what is generally
contemplated. This is done with the help of
the computer forensics. And the process of
preservation of cyber crime evidence lies
with the knowledgeable co mputer forensic
expert because any carelessness in the
process can lead to diminutive value of the
evidence. But it is vital by victim to inform
the law enforcement agency as early as
possible.
 Experts not only be knowledgeable but also
be provided with the technical hardware and
software so that they can efficiently fight the
cyber crime.
 Law enforcement officers are lack o f tools
as the old laws are not capable for the crime
being committed in the current scenario,
new laws hadn’t quite caught up to what was
happening.
 There is lack o f cooperation between the law
enforcement agencies and computer
professionals.
 The IPC doesn’t reveal a term ‘cyber crime’
at any point even after the IT (amendment)
act 2008.
 Lack of security concern in the telecom
industry which is integrated into cyberspace,
having advert effect of Internet protocol on
mobile devices which is considered to be the
primary factor for increasing number of
attacks.
 Unlike other statutes, policies wh ich are
passed by the Indian legislation are not
enforceable or binding but merely prov ide
the guidelines for a standard operating
procedure. In this regard NCSP doesn’t
maximize its potential for optimum benefit .
4.2 Issues related with the technology
New technology like cloud co mputing is big concern
of cyber threat as for the purpose e-governance and
storing data cloud computing is used. The measures
taken are not successful to face challenges and risk of
cloud computing like:
 Risk of inappropriate access to personal and
confidential information.
 Risk of comp ro mise of confidential
information and intellectual property
 Appropriate privacy and security measures
need to be in place.
Another emerging technology, which is highly in use,
is Big Data has critical security and privacy issues.
Fro m point of business many works have been
carried out focusing on business, application and
informat ion processing from Big Data. It’s facing
many challenges, such as efficient encrypted and
decryption algorithms, encrypted informat ion
retrieval, reliability and integrity of Big Data.
According to the record of 52nd report of standing
committee on information technology (2013-14) the
total number offences under IPC and IT Act 2000
recorded as follows:
4000 Cases
3000 Register
ed
2000
person
1000
Arrested
0
201020112012
Figure 1: Shows offences registered and the
person arrested
Above graph, shows the comparison between the
offences registered and number of criminals
arrestedunder IPC and IT Act 2000. After a brief
research, it shows the scene behind the curtain i.e.
1322 in 2010, 2213 in 2011 and 3477 in 2012 are the
offences registered. But the person arrested are 1191
in 2010, 1630 in 2011 and 2071 in 2012. This figure
out a very clear p icture that there are various issues in
law enforcement wh ich are needed to be resolve to
stop such crimes.
5.Proposed Ideology
IT Act is considered to be the toothless so there is
need to strengthen it as:-
 IT Act (amend ment) Act 2008 reduced the
quantum of punishment for majority of
cybercrime. Need to be rectified.
 Majority of cyber crimes need to be made
non-bail able offence.
 There is need to cover cyber war under IT
Act as an offence.
Data protection reg ime needs to be incorporated in
the law to make it more effective.According to the
record of 52nd report of standing committee on
informat ion technology (2013-14) the rate of website
hacked in which there were govern ment websites also
as follows:
WEBSITE HACKED
30000
20000
10000 WEBSITE
HACKED
0 Experts dealing with the cybercrime investigation
Figure 2: Shows websites hacked during the year
2008-13
According to the above figure, here is a scenario
which states the number of websitesgot hacked in
2008 i.e. 6310, in 2009 i.e. 12161, in 2010 i.e. 20701,
in 2011 i.e. 21699, in 2012 i.e. 27605 and in year
2013 up to June, its nu mber is 12693. Thus it is clear
fro m this data that cybercrime is briskly increasing.
This case is not only with normal websites but the
same risk is increasing for govern ment too. Next
figure will more strong idea about the same.
400
300
200
100
government
0
website
2008
2012
2013
2009
2010
2011
hacked
Figure 3: Shows number of g overnment websites
hacked during years 2008-13
According to the above figure, here is a scenario
which states the number of websitesgot hacked in
2008 i.e. 90, in 2009 i.e. 201, in 2010 i.e. 303, in
2011 i.e. 308, in 2012 i.e. 308 and in year 2013 up to
June, its number is 371. Thus it is clear fro m this data
that cybercrime is briskly increasing, for both normal
and government’s virtual wo rld. Criminals are
indirectly challenging to the security of the nation.
Thus, there is need of some strong steps to be taken
to stop such an evil disease.
One must ensure that system should provide for
stringent punishment for cybercrimes and cyber
criminals so that the same act as a deterrent for
others.
Policies passed in NCSP should be made legally
enforceable for effective results.
should be knowledgeable but also be provided with
the necessary technical software and hardware, so
that they can efficiently fight with the cyber
criminals.
There should be the cooperation between the law
enforcement agencies and computer professionals.
New cyber law jurisprudence should be set up. Also,
International court for cyber security should be set
up.
6. Future scope
After going through all these issues and ideology, one
can hope that in future some hard and fast laws will
be implemented to such crimes so that with the
 increase in the quantum of punishment, new laws for
reference, laws with the specific approach to
particular problem, making the individual majority of
punishment non bail-able, will help to diminish the
rate of cybercrime and the era of technological
advancement and digitalization can be free from evil.
7. Conclusion
For the emerg ing trend of cybercrimes,it is important
to have a cyberlaw enforceing mo mentu m because
cyber crime has the prospective to destroy each and
every aspect of the life as it is easy to commit but it’s
really hard to detect. Though India hasextremely
detailed and well-defined legal system but all the
existing laws in place in India was enacted way back
keeping in mind the relevant polit ical, social,
economic, and cultural scenario of that relevant time.
Nobody then could really visualize about the
Internet.Regardless of the brilliant expertise of our
master draftsmen; the necessities of cyberspace could
hardly ever be expected. As such, the coming of the
Internet led to the emergence of numerous sensitive
legal issues and evils which necessitated the
ratificationof Cyber laws.Secondly, the law existing
even with the liberal analyse could not be interpreted
in the spotlight of emerging cyberspace. Internet
requires supportive legal infrastructure in harmony
with the era. Th is legal infrastructure can only be
given by the enactment of the relevant Cyber laws as
the existing laws have failed to contribute the
same.All these consideration created encouraging
amb iance for the need for enacting relevant cyber
laws in India.
[5]Rohitk.Gupta, “An Overview of Cyber laws vs.
Cybercrimes: In Indian Perspective”, 2013.
[6]Rohit k Gupta, “An Overview of Cyber law vs.
Cybercrimes”, 2013.
[7]Prabhat Dalei and Tannya Brahme, “Cyber Crime and
Cyber law in India: An Analysis” ‘International journal of
humanities and Applied science’ Vol.2 (4), 2014.
[8] Aashish Kumar Purohit , “ Role of M etadata in Cyber
Forensic and Status of Indian Cyber Law” , International
Journal of computer technology application, vol.2(5) sep-
oct, 2011.
[9]M .M .Chaturvedi, M .P.Gupta and Jaijit Bhattacharya
“Cyber Security Infrastructure in India : A Study”pp.1-15
[10]IDSA Task Report, “India’s cyber security challenged”
M arch, 2012
[11] Angshuman Jana and Kunal Kumar M ondal, “A
survey of India Cyber Crime and Law and its prevention
approach” ‘International journal of Advance Computer
Technology’.
[12] David Satola and Henry L.July , “Towards a Dynamic
Approach to Enhancing International cooperation and
collaboration in Cyber Security Framework”, ‘The MW.
Mitchell law journal’.

8.References
[1] M aneesh Taneja and Dr. D.B Tiwari,"Cyber Law",
International Referred Research Journal, vol.11 (21)
October, 2010, pp. 63-65.
[2] Yougal Joshi and Ananda Singh, “A Study of Cyber
Crime and Security Scenario”,International Journal of
Engineering and Management Research, vol.3 (3) June,
2013, pp.13-18.
[3]Ravikumar S. Patel and Dr.Dhaval Kathiriya, “Evolution
of Cybercrimes in India” International Journal of
Emerging Trends & Technology in Computer Science,
vol.2 (4) July – August 2013.

[4] Talwant Singh, “Cyber Law and IT” pp. 1-4

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