UNIT-2

CYBER LAW: INTERNATIONAL PERSPECTIVE

Cyber law international perspective

In today’s era of rapid growth,internet has become a important tool for completion of research
work,invention of drugs and medicine,it has made communication very easier as compared to earlier
days .

Computers are used to store data easily which may be related to political,social,economical,
cultural,personal matters.The rapid growth of science and technology and development in internet
facilities has also created dangers in the society as many cyber offences take place by use of the
internet and that may affect the country across the globe.There is need for awareness and necessary
legislation in all the countries to prevent cyber crime.

Cyber crime are evolving and new trends are emerging all the time .We are seeing exceeding
multifaceted cyber criminals network that collaborate from across the world and are as to commit
crimes in a large number.

Cyber Crime

The cyber crime is a new subject the world is dealing with The information found on the subject is
shallowed.The cyber crime problem is not a national problem but its s problem all over the
world.The cyber crime is a term for illegal activities that employs a computer as its primary
resources.

The cyber crime are considered as illegal,unethical ,unauthorized behavior of people relating to
computer or communication device or use of computer system or network.

The common types of cyber crime are given below-

~Against individuals
~Against person of individual
~Against property of individual.
~Against organizations
~Against society at large

Establishing a suitable framework

There is a need of well defined legislation or suitable framework throughout the globe in order to
prevent cyber crime,but this there is absence of comprehensive framework of law across the
globe.The cyber law scenario is more complicated than other traditional law because of the reasons
that the area related to cyber security or cyber law covers technological matter and that is changing
day by day with the advancement of science and technology.

A law implementing agency has to focus the following areas in order to control and prevention of
Cyber Crimes,

– Regular monitoring of the scenario relating to cyber crime by reliable feedbacks.

– Operating openness and flexibility to accept and incorporate necessary modifications at appropriate
times .
– Distinctly establishing the Authority responsibility guidelines for the Implementing Agency.

Cyber legislation world wide and International organizations

The are certain international organizations developed for the purpose for tackling the issue of cyber
crime .The electronic transactions and information law was presented to the Law House in Indonesia
in July and when the Council of Europe Convention on Cyber Crime was ratified in Norway in 5th
November .It has to remember that many of the International organizations are not binding.

For binding mechanism,geographic scope is usually determined by the nature and framework of
organizations.Globally 82 countries have ratified and of signed 1 of the binding cyber crime
organization and some countries have signed more than 1 organizations even though there are a
possibility of joining more than one international organizations that contributes to cyber crime.

The Council of Europe Cyber Crime Convention has the leading number of cyber crime membership
of 43 member states and 5 non member states of the Council of Europe.The league of Arab State
Convention have 18 membersnor countries and the Commonwealth of Independent States
Agreement had 10 member.If the draft African Union Convention were to be signed by all the
members of the African Union ,it could have up to 54 member countries.

The African Union Convention on Cyber security and Personal Data Protection 2014 states that the
online activities should be exercised freely except- Gambling even the form of legal authorized
betting or lotteries,Legal representation and assistance activities,Activities exercised by notaries and
equivalent authorities .The commonwealth of independent State Agreement on Cooperation on
Combating offences related to Compute Applications 2007 ,define the type of Criminal Act ,who are
the competent authorities ,forms of cooperation to combat cyber crimes and how to request in case of
being victimized.

Cyber Law in India

In India,Cyber crime cases are registered under Indian Penal Code and Information Technology
Act .The IT Act was enacted in the year 2000 and amended in 2008 .During 2005,302 people are
booked under Indian Penal Code 1860 and 179 people were booked under IT Act .whereas in
2012,2873 people were registered under IT Act and 601 were charged under Indian Penal Code.

Cyber Law in many other countries

U.S.A –

Information Technology is now connected with the developed countries because the new techniques
in Information technology are used in economical growth.The USA enacted several laws for the
protection from cyber crime as well the State of USA passed Federal laws for the protection of cyber
law.

The Counterfeit access device and Computer Fraud and Device Act of 1984 prohibits various attacks
of Federal Computer System and in those used by Banks .

The Electronic Communication of Privacy Act 1986 (ECPA) prohibits unauthorized

electronic eavesdropping.The Computer Security Act 1987 gave National Institute of Information
Technology the responsibility for developing security standards for federal computer system,except
National Security System that are used for defense
The E Governance Act of 2002 acts as primary legislation for guidance of Federal IT Management
and and initiatives to make information and service available online and various cyber security
requirements.

UK – UK has passed several legislation to deals with Cyber Crime and regulate the transaction in
Cyber space.The first piece of legislation for the protection from cyber crime in Computer was
Computer Misuse Act 1990,to make legislation for securing computer material against unauthorized
access or modifications or for connected purpose and under this Act punishment for committing
cyber offences was 6 month and 5years of imprisonment with fine .
Similarly ,several laws were passed in other developed and developing countries too.

UN & INTERNATIONAL TELECOMMUNICATION UNION INITIATIVES(ITU)

The International Telecommunication Union (ITU) is the United Nations specialized agency for
information and communication technologies – ICTs.

Founded in 1865 to facilitate international connectivity in communications networks, we allocate

global radio spectrum and satellite orbits, develop the technical standards that ensure networks and
technologies seamlessly interconnect, and strive to improve access to ICTs to underserved
communities worldwide.  Every time you make a phone call via the mobile, access the Internet or
send an email, you are benefitting from the work of ITU. 

ITU is committed to connecting all the world's people – wherever they live and whatever their
means. Through our work, we protect and support everyone's right to communicate.

ITU is at the very heart of the ICT sector, brokering agreement on technologies, services, and
allocation of global resources like radio-frequency spectrum and satellite orbital positions, to create a
seamless global communications system that’s robust, reliable, and constantly evolving.    

The global international telecommunications network is the largest and most sophisticated
engineering feat ever created. You use it every time you log on to the web, send an e-mail or SMS,
listen to the radio, watch television, order something online, travel by plane or ship – and of course
every time you use a mobile phone, smartphone or tablet computer.

All of this are initiatives to ITU and its membership:

 ITU makes phone calls possible: whether to the office next door or to a friend in another
country. ITU standards, protocols and international agreements are the essential elements
underpinning the global telecommunication system.
 ITU coordinates the world’s satellites through the management of spectrum and orbits,
bringing you television, vehicle GPS navigation, maritime and aeronautical communications,
weather information and online maps, and enabling communications in even the remotest
parts of the planet.
 ITU makes Internet access possible. The majority of Internet connections are facilitated by
ITU standards.
 ITU helps support communications in the wake of disasters and emergencies – through on-
the-ground assistance, dedicated emergency communications channels, technical standards
for early warning systems, and practical help in rebuilding after a catastrophe.
 ITU works with the industry to define the new technologies that will support tomorrow’s
networks and services.
  ITU powers the mobile revolution, forging the technical standards and policy frameworks
that make mobile and broadband possible.
 ITU works with public and private sector partners to ensure that ICT access and services
are affordable, equitable and universal.
 ITU empowers people around the world through technology education and training.

Council Of Europe

The Council of Europe (CoE) is an international organization founded in the wake of World War

II to uphold human rights, democracy and the rule of law in Europe Founded in 1949, it has 46
member states, with a population of approximately 675 million; it operates with an annual budget of
approximately 500 million euros.
Council of Europe, organization of European countries that seeks to protect democracy and human
rights and to promote European unity by fostering cooperation on legal, cultural, and social issues.
The council is headquartered in Strasbourg, France. (The Council of Europe should not be confused
with the European Council, which is a policy-making body of the European Union.)

The Council of Europe was founded on May 5, 1949, by 10 western European countries—
Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden, and
the United Kingdom. From the 1950s to the 1980s these original members were joined by 13 others
Austria, Cyprus, Finland, West Germany, Greece, Iceland, Liechtenstein, Malta, Portugal, San
Marino, Spain, Switzerland, and Turkey.

The Council of Europe addresses issues of common concern to its members, including human rights,
crime prevention, drug abuse, environmental protection, bioethical issues, and migration. To manage
these affairs, the council has devised more than 160 international agreements, treaties,
and conventions that have replaced literally tens of thousands of bilateral treaties between various
European states. Among the most important of its agreements are the European Convention on
Human Rights (1950), the European Cultural Convention (1954), the European Social Charter
(1961), the European Convention on the Prevention of Torture and Inhuman or Degrading Treatment
and Punishment (1987), the Framework Convention for the Protection of National Minorities (1995),
and the Convention on Human Rights and Biomedicine (1997).

The Council of Europe is composed of four principal bodies: the Committee of Ministers, the
Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, and the
Secretariat. The Committee of Ministers, which meets twice a year, is composed of the foreign
ministers of all council members. It decides the council’s budget and its program of activities based
on recommendations made to it by the Parliamentary Assembly and various expert committees.
The Parliamentary Assembly, which meets four times a year, is a deliberative body consisting of
representatives from national parliaments. The Congress of Local and Regional Authorities of
Europe is a consultative body that represents local and regional (subnational) governments within the
council. The Secretariat, with a staff of about 1,000, serves the other three main organizations within
the council.

The various activities and achievements of the Council of Europe can be found in detail on its
official website. The Council of Europe works in the following areas:

 Protection of the rule of law and fostering legal co-operation through some 200

conventions and other treaties, including such leading instruments as the Convention on
Cybercrime, the Convention on the Prevention of Terrorism, Conventions against
Corruption and Organized Crime, the Convention on Action against Trafficking in
Human Beings, and the Convention on Human Rights and Biomedicine.
 CODEXTER, designed to co-ordinate counter-terrorism measures
 The European Commission for the Efficiency of Justice (CEPEJ)
 Protection of human rights, notably through:
 o the European Convention on Human Rights
o the European Committee for the Prevention of Torture
o the European Commission against Racism and Intolerance
o the Convention on Action against Trafficking in Human Beings
o the Convention for the protection of individuals with regard to automatic
processing of personal data
o the Convention on the Protection of Children against Sexual Exploitation and
Sexual Abuse
o The Convention on preventing and combating violence against women and
domestic violence.[41]
o social rights under the European Social Charter
o European Charter of Local Self-Government guaranteeing the political,
administrative and financial independence of local authorities.
o linguistic rights under the European Charter for Regional or Minority
Languages
o minority rights under the Framework Convention for the Protection of
National Minorities
o Media freedom under Article 10 of the European Convention on Human
Rights and the European Convention on Trans frontier Television
 Protection of democracy through parliamentary scrutiny and election monitoring by its
Parliamentary Assembly as well as assistance in democratic reforms, in particular by
the Venice Commission.
 Promotion of cultural co-operation and diversity under the Council of Europe's Cultural
Convention of 1954 and several conventions on the protection of cultural heritage as well
as through its Centre for Modern Languages in Graz, Austria, and its North-South
Centre in Lisbon, Portugal.
 Promotion of the right to education under Article 2 of the first Protocol to the European
Convention on Human Rights and several conventions on the recognition of university
studies and diplomas (see also Bologna Process and Lisbon Recognition Convention).
 Promotion of fair sport through the Anti-Doping Convention
 Promotion of European youth exchanges and co-operation through European Youth
Centres in Strasbourg and Budapest, Hungary.
 Promotion of the quality of medicines throughout Europe by the European Directorate for
the Quality of Medicines and its European Pharmacopoeia.

Budapest Convention on Cybercrime:

What is the Budapest Convention?

            Officially known as the Council of Europe Convention on Cybercrime, the Budapest

Convention – which opened for signatures in 2001 and entered into force in 2004 – was the first
international treaty to focus explicitly on cybercrime.

            The Convention on Cybercrime of the Council of Europe was opened for signature in
Budapest in November 2001. Fifteen years later, it remains the most relevant international agreement
on cybercrime and electronic evidence.

The Budapest Convention is complemented by an effective follow up mechanism and by capacity

building programs, which are fed back into the Committee, contributing towards the Convention’s
evolution. The leitmotif of this approach is “to protect you and your rights in cyberspace”.
Building on agreement
By 2001, the issue had become sufficiently important to warrant a binding international treaty.
Negotiated by the member States of the Council of Europe together with Canada, Japan, South
Africa and the United States of America, the Convention on Cybercrime was opened for signature in
Budapest, Hungary, in November 2001.

Since then, information and communication technologies (ICT) have transformed societies
worldwide. They have also made them highly vulnerable to security risks such as cybercrime.

While there is recognition of the need to strengthen security, confidence and trust in ICT and to
reinforce the rule of law and the protection of human rights in cyberspace, all things “cyber” have
now become too important. As they touch upon fundamental rights of individuals as well as national
(security) interests of States, it is increasingly difficult to reach international consensus on common
solutions.

In order to overcome this dilemma, the most sensible approach is to focus on common standards that
are already in place and functioning, such as the Budapest Convention on Cybercrime, and on
approaches on which there is broad agreement, in particular, capacity building.

Common standards: the Budapest Convention

The Budapest Convention is a criminal justice treaty that provides States with

(i) the criminalization of a list of attacks against and by means of computers;

(ii) procedural law tools to make the investigation of cybercrime and the securing of electronic
evidence in relation to any crime more effective and subject to rule of law safeguards; and

(iii) international police and judicial cooperation on cybercrime and e-evidence.

It is open for accession by any State prepared to implement it and engage in cooperation. By
November 2016, which marked also the 15th anniversary of the Convention, 50 States were Parties
(European countries as well as Australia, Canada, Dominican Republic, Israel, Japan, Mauritius,
Panama, Sri Lanka and the USA). Another 17 from all regions of the world had signed it or been
invited to accede.

Assessments and follow up: Cybercrime Convention Committee

These States that currently amount to 67, together with ten international organizations (such as the
Commonwealth Secretariat, European Union, INTERPOL, the International Telecommunication
Union, the Organization of American States, the UN Office on Drugs and Crime and others),
participate as members or observers in the Cybercrime Convention Committee. This Committee
assesses implementation of the Convention by the Parties, and keeps the Convention up-to-date.
Current efforts focus on solutions regarding law enforcement access to electronic evidence on cloud
servers.

Capacity building
The value of capacity building in relation to cybercrime and -security is not a new discovery. 
International calls for technical assistance to reinforce criminal justice capacities on cybercrime have
been made for decades. Following adoption of the Budapest Convention on Cybercrime in 2001, the
Council of Europe began to assist countries in the implementation of this treaty, first within Europe
and from 2006 also in other regions of the world, often in cooperation with the European Union.
Asia-Pacific Economic Cooperation (APEC)
Asia-Pacific Economic Cooperation (APEC) is a forum of 21 Asia-Pacific economies. APEC's member
economies are home to more than 2.9 billion people and make up over 60 per cent of global GDP.
APEC partners make up around 75 per cent of Australia's total trade in goods and services. Closer
regional economic integration contributes to Australian economic growth and prosperity.

APEC was formed to encourage a growing and prosperous regional economy through:

 trade and investment liberalization and facilitation – at the border, across the border and
behind the border
 reduced costs of cross-border trade to assist businesses
 economic and technical cooperation
 exchanges of best practice information on trade and investment
 simplified regulatory and administrative processes
 improved institutional capacity to implement and take advantage of the benefits of trade
and investment reform.

APEC's work is guided by the APEC Putrajaya Vision 2040, which is for an open, dynamic,
resilient and peaceful Asia-Pacific community by 2040. This will be achieved by pursuing
three economic drivers:

 trade and investment

 innovation and digitalisation
 strong, balanced, secure, sustainable and inclusive growth.

APEC decisions are reached by consensus, and commitments are made on a voluntary basis.

APEC members

APEC's 21 member economies are:

Australia, Brunei Darussalam, Canada, Chile, Chinese Taipei, Hong Kong, China, Indonesia, Japan
Malaysia, Mexico, New Zealand, Papua New Guinea, People's Republic of China, Peru, Republic of
Korea, The Republic of the Philippines, The Russian Federation, Singapore, Thailand, United States of
America , Vietnam.

Each year a different member economy hosts the major APEC meetings. This years and
future hosting economies are:

 2022 – Thailand
 2023 – United States of America
 2024 – Peru
 2025 – Korea
Organization for Economic Co-operation and Development (OECD):

The Organisation for Economic Co-operation and Development (OECD) is an

international organisation that works to build better policies for better lives. Our goal is to shape
policies that foster prosperity, equality, opportunity and well-being for all.

The Organisation for Economic Co-operation and Development (OECD) is a group

of 37 member countries that discuss and develop economic and social policy.

The stated goal of the Organisation for Economic Co-operation and Development (OECD)
is to shape policies that foster prosperity, equality, opportunity and well-being for all.

The Organisation for Economic Co-operation and Development (OECD) was established
on Dec. 14, 1960, by 18 European nations, plus the United States and Canada.

The organization is headquartered in the Chateau de la Muette in Paris, France.

Understanding the Organization for Economic Co-operation and Development (OECD)

The OECD is variously referred to as a think tank or a monitoring group. Its stated goal is to shape
policies that foster prosperity, equality, opportunity and well-being for all.

Over the years, it has dealt with a range of issues, including raising the standard of living in
member countries, contributing to the expansion of world trade, and promoting economic stability.

The OECD publishes economic reports, statistical databases, analyses, and forecasts on the
outlook for economic growth worldwide. Reports are variously global, regional, or national in
orientation.

The OECD's mission is to bring together the governments of countries committed to democracy and
the market economy from around the world to:

 support sustainable economic growth;

 boost employment;
 raise living standards;
 maintain financial stability;
 assist other countries' economic development;
 Contribute to growth in world trade.

One of the fundamental purposes of the OECD is to achieve the highest possible
economic growth and employment and a rising standard of living in member countries, at the same
time it emphasizes maintaining financial stability. A further major goal is the coordination of
economic aid to developing countries.

WORLD BANK:

World Bank, in full World Bank Group, international organization affiliated with
the United Nations (UN) and designed to finance projects that enhance the economic development of
member states.

Headquartered in Washington, D.C., the bank is the largest source of financial assistance to
developing countries.
 It also provides technical assistance and policy advice and supervises—on behalf of international
creditors—the implementation of free-market reforms. Together with the International Monetary
Fund (IMF) and the World Trade Organization, it plays a central role in overseeing economic policy
and reforming public institutions in developing countries and defining the global macroeconomic
agenda.

Origin of World bank, Founded in 1944 at the UN Monetary and Financial Conference (commonly
known as the Bretton Woods Conference), which was convened to establish a new, post-World War
II international economic system.

The World Bank officially began operations in June 1946. Its first loans were geared toward
the postwar reconstruction of western Europe. Beginning in the mid-1950s, it played a major role in
financing investments in infrastructural projects in developing countries, including roads,
hydroelectric dams, water and sewage facilities, maritime ports, and airports.

The World Bank Group comprises five constituent institutions:

The International Bank for Reconstruction and Development (IBRD),

The International Development Association (IDA),

The International Finance Corporation (IFC),

The Multilateral Investment Guarantee Agency (MIGA), and

The International Centre for Settlement of Investment Disputes (ICSID).

The IBRD provides loans at market rates of interest to middle-income developing

countries and creditworthy lower-income countries. The IDA, founded in 1960, provides interest-free
long-term loans, technical assistance, and policy advice to low-income developing countries in areas
such as health, education, and rural development. Whereas the IBRD raises most of its funds on the
world’s capital markets, the IDA’s lending operations are financed through contributions from
developed countries. The IFC, operating in partnership with private investors, provides loans and
loan guarantees and equity financing to business undertakings in developing countries. Loan
guarantees and insurance to foreign investors against loss caused by noncommercial risks in
developing countries are provided by the MIGA. Finally, the ICSID, which operates independently
of the IBRD, is responsible for the settlement by conciliation or arbitration of investment disputes
between foreign investors and their host developing countries.

The World Bank is related to the UN, though it is not accountable either to the
General Assembly or to the Security Council. Each of the bank’s more than 180 member states are
represented on the board of governors, which meets once a year.

The World Bank is staffed by more than 10,000 people, roughly one-fourth of whom
are posted in developing countries. The bank has more than 100 offices in member countries, and in
many countries staff members serve directly as policy advisers to the ministry of finance and other
ministries.

The bank has consultative as well as informal ties with the world’s financial markets and institutions
and maintains links with nongovernmental organizations in both developed and developing
countries.
World Bank Purpose and Function

The World Bank provides low-interest loans, interest-free credit, and grants.2

 It focuses on improving education, health, and infrastructure. It also uses funds to modernize a
country's financial sector, agriculture, and natural resources management.10

The Bank's stated purpose is to "bridge the economic divide between poor and rich countries." It
does this by turning "rich country resources into poor country growth." It has a long-term vision to
"achieve sustainable poverty reduction."

To achieve this goal, the Bank focuses on several areas:

 Overcome poverty by spurring growth, especially in Africa.

 Help reconstruct countries emerging from war, the biggest cause of extreme poverty.
 Provide a customized solution to help middle-income countries remain out of poverty.
 Spur governments to prevent climate change.
 Work with partners to bring an end to AIDS.
 Manage international financial crises and promote open trade.
 Work with the Arab League on three goals: improve education, build infrastructure, and
provide microloans to small businesses.
 Share its expertise with developing countries via reports and its interactive online database.

COMMON WEALTH OF NATIONS:

The Commonwealth of Nations, simply referred to as the Commonwealth, is a political

association of 54 member states, almost all of which are former territories of the British Empire.

The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on
intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental
relations amongst member states.

Commonwealth, also called Commonwealth of Nations, formerly (1931–49) British

Commonwealth of Nations, a free association of sovereign states comprising the United Kingdom
and a number of its former dependencies who have chosen to maintain ties of friendship and
practical cooperation and who acknowledge the British monarch as symbolic head of their
association.

The head of the Commonwealth is currently Queen Elizabeth II; the 2018 Commonwealth
Heads of Government Meeting appointed Charles, Prince of Wales, to be her designated successor,
although the position is not hereditary. Elizabeth II is the head of state of 15 member states, known
as the Commonwealth realms, while 34 other members are republics and 5 others have different
monarchs.

Member states of the Commonwealth of Nations

The Commonwealth of Nations is a voluntary association of 54 sovereign states.

Most of them were British colonies or dependencies of those colonies.

No one government in the Commonwealth exercises power over the others, as is

the case in a political union. Rather, the Commonwealth is an international organization in which
countries with diverse social, political, and economic backgrounds are regarded as equal in status,
and cooperate within a framework of common values and goals, as outlined in the Singapore
Declaration issued in 1971. Such common values and goals include the promotion of democracy,
human rights, good governance, the rule of law, civil liberties, equality before the law, free trade,
multilateralism, and world peace, which are promoted through multilateral projects and meetings,
such as the Commonwealth Games, held once every four years. The Commonwealth is an
association of sovereign nations which support each other and work together towards international
goals. It is also a ‘family’ of peoples. With their common heritage in language, culture, law,
education and democratic traditions, among other things, Commonwealth countries are able to work
together in an atmosphere of greater trust and understanding than generally prevails among nations.
There are 53 member countries in the Commonwealth.

However, the Commonwealth has no formal constitutional structure. It works from

understood procedures, traditions and periodic statements of belief or commitment to action.
Intergovernmental consultation is its main source of direction, enabling member governments to
collaborate to influence world events, and setting up programmes carried out bilaterally or by the
Commonwealth Secretariat, the association’s main executive agency. The most widely-used
definition of the Commonwealth is taken from the Declaration of Commonwealth Principles, 1971:

The Commonwealth is a voluntary association of independent sovereign states…

consulting and cooperating in the common interests of their peoples and in the promotion of
international understanding and world peace. 

A voluntary association…

The Commonwealth had no charter until 2013 and membership is entirely voluntary. And of
nations eligible to join, very few chose not to do so. This distinguishing characteristic has been of
considerable historic importance: when countries had recently achieved their independence from the
UK, it was important for them to stress the change in their relationship, from dependent status to
equal partnership. The emphasis on equality has helped the association to play leading roles in
decolonisation, combating racism and advancing sustainable development in poor countries.

Co-operating…

The work of the Commonwealth is done through co-operation at three general levels:
Commonwealth governments often work together in international forums to advance causes of
particular concern to the association. They also learn from each other through their regular meetings.
And, through their Commonwealth Fund for Technical Cooperation (CFTC), they have enabled the
skills and training facilities of member countries to be shared across the association. In parallel with
these activities of governments, there is the work of some 100 Commonwealth organisations which
promote international co-operation in a particular professional, cultural or welfare area.

 The common interests of their peoples…

The Commonwealth is a notable force in the development of universal education, just legal systems,
fair and open democracies, good governance and human rights, and all Commonwealth programmes
ultimately aim at advancing development, particularly human development. Commonwealth
governments also work together in international forums to support members whose territorial
integrity has been challenged or which are vulnerable to the vicissitudes of climate and global
economic forces.
The promotion of international understanding and world peace

The Commonwealth includes many of the world’s poorest and smallest countries, and its peoples
embrace all the world’s major racial groups. The Commonwealth is also committed to the solution of
problems by negotiation, and to the guidance of policy through principle. It strongly supports the
United Nations system and the global moral code contained in the UN declarations. Consequently,
the Commonwealth has become a powerful voice in international forums, and has come to be known
as a global opponent of racism, a promoter of democracy and good governance, an advocate of
human rights and gender equality, a champion of small countries and participation of young people
in development and a determined negotiator in working towards global economic systems which
give a fairer deal to the poor.

*************** End of Unit – II**************

UNIT – 3

Constitutional & Human Rights Issues in Cyberspace: Freedom of Speech and Expression in
Cyberspace, Right to Access Cyberspace – Access to Internet, Right to Privacy, Right to Data
Protection.
 UNIT – 3

Constitutional & Human Rights Issues in Cyber Space

CYBER SPACE & CONSTITUTIONAL & HUMAN RIGHTS ISSUES IN CYBER SPACE

Cyber Space Meaning

Cyberspace refers to the virtual computer world, and more specifically, an electronic medium that is
used to facilitate online communication. Cyberspace typically involves a large computer network
made up of many worldwide computer subnetworks that employ TCP/IP protocol to aid in
communication and data exchange activities.

Cyberspace's core feature is an interactive and virtual environment for a broad range of participants.

Cyberspace can be compared to a human brain where the network of computers represent the
innumerable neurons and the connections between them. Therefore, it can be considered as a link
between the physical and the infinite world.

CONSTITUTIONAL ISSUES IN CYBER SPACE

“Rights” are things we are allowed to be, to do or to have, simply by being human.

The Fundamental Rights in the Constitution of India guarantee civil liberties such
that all Indians can lead their lives in peace and harmony as citizens of India.

Violations of these rights result in punishments as prescribed in the Indian Penal Code,
subject to discretion of the judiciary.

They are enforceable by the courts, subject to certain restrictions. The six fundamental rights are:

 Right to equality (Article 14–18)

 Right to freedom (Article 19–22)
 Right against exploitation (Article 23–24)
 Right to freedom of religion (Article 25–28)
 Cultural and educational rights (Article 29–30)
 Right to constitutional remedies (Article 32)

India is the host and the biggest platform of data outsourcing. It needs an effective and well
formulated way of dealing with these crimes. Unlike many other countries like EU, India does not
have any separate law which exclusively deals with the data protection. However, the courts on
many cases have interpreted "data protection" within the limits of "Right to Privacy" as implicit in
Article 19 and 21 of the Constitution of India.

Apart from this, the laws which are presently dealing with the subject of data protection are "The
Indian Contracts Act" and "The Information Technology Act".

Article 19 of the Indian constitution states that: All citizens shall have the right —

1. to freedom of speech and expression;

2. to assemble peaceably and without arms;

3. to form associations or unions;

4. to move freely throughout the territory of India;

5. to reside and settle in any part of the territory of India; and

6. to practice any profession, or to carry on any occupation, trade or business

HUMAN RIGHTS ISSUES IN CYBER SPACE

Human rights can be defined as “...rights inherent to all human beings, whatever our nationality,
place of residence, sex, national or ethnic, origin, colour, religion, language, or any other status.

Human rights in cyberspace Human rights in cyberspace is a relatively new and uncharted area
of law.

The United Nations Human Rights Council (UNHRC) has stated that the freedoms of expression and
information under Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR)
include the freedom to receive and communicate information, ideas and opinions through the
Internet.

An important clause is Article 19(3) of the ICCPR, which provides that: The exercise of the right
provided in paragraph two of this article carries with it special duties and responsibilities. It may
therefore be subjected to certain restrictions, but these shall only be such as are provided by law and
are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order, or of public health and morals.

The HRC has stated that "the same rights that people have offline must also be protected online"
(mentioning, in particular, freedom of expression).

It is widely regarded that this freedom of information must be balanced with other rights. The
question is raised whether people's expectations of human rights are different in cyberspace.

Human Rights Issues In Cyberspace

The HRC has stated that "the same rights that people have offline must also be protected online"
(mentioning, in particular, freedom of expression). It is widely regarded that this freedom of
information must be balanced with other rights. Those are…

 Public privacy
 Governance in cyberspace
 Liability of Internet service providers
 Cyber security
 Discriminatory behaviors In Cyber Space:
 Cyber bullying
 Cyber-racism
  Hate speech

Human rights are those which are necessary to lead a dignified life.

The international covenant of human rights i.e. UNHRC strives for the upliftment and
protection of human rights in developing and developed countries.

Right to privacy is a myth under cyberspace, how much ever the privacy policy we abide by yet
there are certain loopholes and breach of privacy is for sure.

Right against discrimination is a human right, which is being battered these days, even if
there is not any direct discrimination there is a certain amount of discrimination on the ideology a
person portrays over the social networking sites.

Right of children to special protection, being protected by numerous of legislations yet the
child pornography an issue these days recently, a huge child pornographic website was brought down
with the developers as well. That is a huge achievement in the field of cyberspace where the same
source of nourishment i.e. the internet is also a problem solver.

Cyberbullying, cyber racism, sexual harassment, cyber homophobia are certain cons
that one must face while working over cyberspace. Though there are certain stringent laws to protect
yet the same is being still carried out due to the advantage being the anonymous identity for a very
long time.

FREEDOM OF SPEECH AND EXPRESSION IN CYBER SPACE

Introduction

United Nations has declared freedom of speech and expression in cyberspace as part of basic
human rights. Supreme Court of India has upheld the guaranteed freedom of speech and expression
but with the right of the State to put reasonable restrictions under certain circumstances.

Cyberspace is nothing but a hub of all networking sites, gaming platforms. Anew is the
growing era of virtual communication where people try to exercise their rights of freedom of
discourse and expression.

History Of Freedom Of Speech

In the mid fifteen century the cradle era for printing and publications the censorship on
the publications was very strict it was in the case of Copernicus and Galileo vs. the Vatican;

Galileo was sentenced to house arrest for proving the theory which was published by
Copernicus and those books were subjecting to fire. It was the then enlightened being who was of the
opinion freedom of expression is the alleyway for the liberal thoughts.

Thus, the importance of freedom of speech and expression came to the limelight it was in year
1766 the first European country to abolish censorship was Sweden.

India under British rule was imperiled to numerous restrictions on voice and expression
such as a new section was added to the already prevailing hate speech act which suppressed the right
to raise any voice against the colonial rule which could incite any freedom struggle.
 It was in the year 1907 Prevention of Seditious Meeting Act which was passed by the British
parliament curtailed the fundamental rights of the Indians.

Freedom Of Speech In Cyberspace

Cyberspace is also a platform for current affairs and issues all over the globe. Everyone
can access it and will be allowed to have an opinion and share it with rest of the world.

Finland being the first country to give the legal status to access of the internet.

The freedom of speech and expression serves four broad social purposes:

 It helps an individual to attain self-fulfilment;

 It assists in the discovery of truth;
 It strengthens the capacity of an individual to participate in decision making; and
 It provides a mechanism by which it would be possible to establish a reasonable balance
between stability and social change. 

Freedom of speech and expression as stated in the Indian Constitution

Freedom of speech and expression is the very first fundamental freedom guaranteed by the
Constitution of India to all its citizens under Article 19(1)(a).

This is not an absolute right and is subject to certain restrictions which have been enumerated in
Article 19(2).

Effect of the IT Rules, 2021

The recently released Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021 have caused a public furor and a lot of controversy with the majority
public opinion being that these rules are unconstitutional on numerous grounds, fundamentally on the
ground of violation of the right to free speech and expression.

Are the ‘reasonable restrictions’ on the freedom of speech and expression really all that
reasonable?

The case of Shreya Singhal v. Union of India dealt directly with the freedom of speech and
expression in the digital era. Through this case, Section 66A of the IT Act was declared as
unconstitutional and invalid. In brief, Section 66A of the IT Act stated that ‘any person who sends
through a computer resource or communication device any information that is grossly offensive, or
with the knowledge of its falsity, the information is transmitted for the purpose of causing
annoyance, inconvenience, danger, insult, injury, hatred, or ill will.’

Everything that is around us can be either be viewed as constructive or destructive. It is

for us to decide the way we use cyberspace, the so-called human-created freedom or prison. We may
never know we might be using cyberspace for watching simple videos yet might have agreed on
ourselves to their page policies and might have allowed the websites to access our personal data
which might turn into huge chaos if not utilized in a legitimate manner. Thus, though being in the era
of growing cyberspace is a boon yet a bane in many ways. The only way we can protect ourselves is
to be careful about the apps permission we provide and the apps we use the encryptions of those apps
and the texts or the speech we use over the social networking sites.
RIGHT TO ACCESS CYBERSPACE

ACCESS TO INTERNET

The Internet is a universal computer network that distributes a variety of information using a
TCP / IP (Transmission Control Protocol / Internet Protocol) interconnected network.

All is going electronic in today's Hi-Tech environment, and accessing them with ease on the Web
plays a crucial role, even the automotive industry is developing over-electric vehicles that can be
accessed directly through cell phones with the aid of the internet.

Right to access internet: a fundamental right

Right to internet under Article 21, The court took the view that the right to be able to access
the internet has been read into the fundamental right to life and liberty, as well as privacy under
Article 21. The court added that it constitutes an essential part of the infrastructure of freedom of
speech and expression.

Internet connectivity has changed, and continues to change people's lives across the globe.
This has been one of the most critical aspects of people's lives in the 19th century, and the reliance of
people on the Internet has grown dramatically.

Internet plays a significant role with the escalation of technology, so a primitive question
arises that:

Right to Internet access is an integral part of the right to education and the right to privacy
under Articles 21A and 21 of the Indian Constitution respectively. Internet Access not only increases
students' opportunities to gain knowledge but also improves educational efficiency.

Right to internet a basic human right:

In 2016, the UNHRC General Assembly expressed an important human right to Internet access. Web
could be a key to protecting the other fundamental human rights, as it not only provides a variety of
information but also helps to easily live life.

We are living in a world where Artificial Intelligence (AI) will eventually overtake personnel and all
will be achieved on a single verbal order, thus projecting a major position to take advantage of such
opportunities on the Internet.

In India, Kerala was the first state to recognize the right to the Internet a fundamental human right,
the Internet is the road to the future and the freedom to access the Internet is indispensable in order to
lead a decent life and is thus a human right of morality.

Relationship between Internet Access and Human Rights:

The Internet is not only a source of information, networking and social media access; it is far more
than that. Not only does the Internet represent a significant role for businesses and professions, but it
is of paramount importance to home-based workers and small and individually owned businesses
that sell their products and services online, providing them with the means to survive.

Web provides millions of people across the world access to transportation by supplying them with a
global network. The Internet is a means of obtaining schooling for students taking electronic tests
and taking online diplomas and other classes, while promoting the growth and enjoyment of the right
to learn is important.

The Internet is becoming basic to our day-to-day life just as a financial development underwriter and
an impetus for social turning of events.

Internet Shutdowns and Human Right:

In a developing country such as India, shutting down Internet access is like closing down all
highways for industrial growth and even shutting down all banks at once.

On 4 August 2019, web shutdown was imposed in Jammu and Kashmir after Parliament repealed
Article 370 of the Constitution and the State of J&K was bifurcated into the Union Territory of J&K
and Ladakh, triggering a 213-day shutdown that was carried out until 4 March 2020 leading to
India's longest shutdown of Web.

In a decade, there have been 391 Internet shutdowns in India, resulting in a dramatic decrease in
technology growth, where the government has introduced IT sector development by introducing
programs such as Digital India.

Article 14 and Article 19 of the Constitution form the Golden Triangle and are mutually inclusive,
and cannot be read in isolation. The Golden Triangle gives individuals maximum protection against
any violation of their freedoms, thus closing down internet infrastructure is violating the rights of
individuals.

The Internet plays a vital role in economic growth, because we live in an age in which the Internet is
an integral part of human existence.

RIGHT TO PRIVACY

The word privacy has been derived from the Latin word “Privatus which mean separate from rest”

It can be define as capability of an individual or group secludes themselves or information about

themselves and thereby reveal themselves selectively.

Privacy can be understood as a right of an individual to decide who can access the information, when
they can access the information, what information they can access.

Indian constitution defines the privacy as personal liberty in Article 21. “Protection Of Life And
Personal Liberty” No person shall be deprived of his life or personal liberty except according to
procedure established by law.

The privacy is considered as one of the fundamental rights provided by constitution.

Privacy is recognized at international level as Human Rights in different dimension as

 Privacy of person
 Privacy of personal behavior
 Privacy of personal communication
 Privacy of personal data.
 As more and more internet users surf the internet and post their personal information; in the form of
educational qualification, marital status, private selfies, videos, family photos, hobbies and interests,
online on social media networking websites are easily accessible to the general public. This led to the
scam of loss of personal data such as the KOOBFACE.

KOOBFACE is a malicious malware and composed of various components, each with specific
functionalities.

Each and every mouse click by Internet user leaves electronic footprints generally without his/her
notice. These electronic footprints contain efficacious means of information which provide
knowledge of the sort of person that the user is and his/her interests.

On the internet sensitive information is gathered by credit card agencies, payment gateways,
employers, income tax departments, service providers, advertising agencies and social media.

Some cookies may even communicate sensitive data about a user to an advertsising agency which
may share this further with another line advertising agency without permission. This is a matter of
serious concern at international level.

Threats to privacy in cyber space

Following are threats to cyber privacy:

Cyber Snooping:

We see advertisements on the internet offering software that will let us monitor activity on a
computer. These ads bark “Catch a Cheating Spouse” or “Secretly Monitor Email” or “Spy on Your
Computer.” In many circumstances, this type of software is not only sneaky, it’s criminal.

Cyber Snoop trace Internet activity by looking at content as it passes to and from any computer via
computer’s built in Winsock program.

Cyber Snoop’s configuration software permits to customize how we track and restraint accessibility
to Internet Web, E-mail, Chat (IRC, AIM, ICQ, MSN, Yahoo! and Java™), News and FTP. Profiles
are used to superintendence the Internet access of individual users. User names are assembled from
system's available Windows User names. Without any doubt it infringes privacy.

Cyber Stalking:

Cyber Stalking means to stalk someone by various modes like:

(1) Following the posts of concerned persons,

(2.)Noting down personal details i.e. contact details and address,

(3) Favorite colour, Favorite Food & Restaurant,

(5) Downloading pictures,

(6) Shopping Choices and

(7)Friends List.

This term is used interchangeably with online harassment and online abuse.
Identity Theft/ Phishing:

The offence of electronically impersonating someone else for financial gain. This is frequently done
either by using someone else’s login credentials to gain access to protected systems or by the
unauthorized application of someone else’s digital/ electronic signature in the course of electronic
contracts. Increasingly a new type of crime has emerged wherein sim cards of mobile phones have
been ‘cloned’ enabling miscreants to make calls on others' accounts. This is also a form of identity
theft.

Vishing:

Vishing is the act of using the telephone in an attempt to scam the user. vishing, for the most part,
depends on robotized telephone calls, which teach focuses to give account numbers to the
motivation behind money related reward.

Website Defacement:

Website defacement is novice offence against websites with an intention to cheat innocent visitors of
the website. It is an attack on a website that changes the visual appearance of the site or a webpage.

Copyright Infringement:

Copyright is a legal right granted by the government to the authors or creators of works. Under the
copyright law, the copyright owner is entitled to a number of exclusive rights such as the right to
publish the work, control copying, and prepare derivative works and the right to make the material
available online.

Indian legal provisions on the protection of privacy in cyber space:

However, the courts on several occasions have interpreted "data protection" within the ambits of
"Right to Privacy" as implicit in Article 19 and 21 of the Constitution of India.

However, the Ministry of Electronics and Information Technology has appointed an expert group
headed by former Supreme Court judge BN Srikrishna to draft a data protection law.

India does not have a stand-alone personal data protection law to protect personal data and
information shared or received in a verbal or written or electronic form. Though, protections are
available, they are contained in a mix of statutes, rules and guidelines.

1. The Constitution of India, 1950:

Indian jurisprudence, does not provide an express definition of the ‘right to privacy’ however, the
same could be derived from right to personal liberty under Article 21 Right to privacy is not an
absolute right.

Recently, the judgment of Justice K S Puttaswamy (Retd.) versus the Union of India delivered on 24
August 2017 by Supreme Court has made it a historic day as it has crowned Indian Constitution with
another jewel namely: ‘Fundamental Right to Privacy’.

2. The Information Technology Act, 2000 as amended in 2008: Relevant Provisions

The Information Technology Act was enacted in 2000 and has been revised most recently 2008.
The Information Technology (Amendment) Act, 2008 has added several provisions that are
privacy-centric. Sections 43 deals with Penalty and Compensation for damage to computer,
Held that: The right to privacy is subject to restrictions.

RIGHT TO DATA PROTECTION

In this digital age, people knowingly or unknowingly share sensitive personal data on various digital
platforms such as e-commerce sites, mobile apps, webinar platforms, net banking, e-wallets etc. The
users of these platforms give permission to use the personal data by simply ticking on ‘I agree with
the terms and conditions’ with or without reading the Privacy Policy. This security vulnerability
leaves millions of users susceptible to hackers and various threat actors.

While the transition to a digital economy is underway, the processing of personal data has already
become omnipresent. The reality of the digital environment today, is that almost every
single activity undertaken by an individual involves some sort of data transaction or the
other.

While data can be put to beneficial use, the unregulated and arbitrary use of data, especially personal
data, has raised concerns regarding the privacy and autonomy of an individual. This was also the
subject matter of the landmark judgement of the Supreme Court, which recognized the right to
privacy as a fundamental right.

Without Data Protection

Instrumentally, a firm legal framework for data protection will:

I. Keep personal data of citizens secure and protected.
II. Act as the foundation on which data-driven innovation and entrepreneurship can flourish in
India

Right to privacy is a fundamental right in India

Right to privacy is a fundamental right under Article 21 of the Constitution of India, which lays
down our fundamental rights. This was affirmed by a nine-judge bench of the Supreme Court in
Justice K.S. Puttaswamy vs Union of India in its historic judgment dated 24th August 2017 wherein
they declared ‘the right to privacy’ as an integral part of Part III of the Constitution of Constitution of
India.
Current laws prevalent in India

The most prominent provisions are contained in the Information Technology Act, 2000 (as amended
by the Information Technology Amendment Act, 2008.

It is the primary law in India dealing with cybercrime and electronic commerce, only cover data and
information which is exchanged in an electronic form and not those received through non-electronic
communication form.

This eventually led to the introduction of the Information Technology Bill, 2006 in the Indian
Parliament which then led to the Information Technology (Amendment) Act, 2008 whose provisions
came into force on October 27, 2009. It inserted Section 43A in the Information Technology Act,
according to which, if a corporate body possesses or deals with any sensitive personal data or
information, and is negligent in maintaining reasonable security to protect such data or information,
which thereby causes wrongful loss or wrongful gain to any person, then such body corporate shall
be liable to pay damages to the person(s) so affected.

Also Section 72A, according to which the punishment for disclosure of information in breach of
lawful contract and any person may be punished with imprisonment for a term not exceeding three
years, or with a fine not exceeding up to five lakh rupees, or with both, in case disclosure of the
information is made in breach of lawful contract.

The Personal Data Protection Bill, 2019

After the Supreme Court’s landmark judgment in the Justice KS Puttaswamy case, which held that
privacy is a constitutional right, the MEITY formed a 10 member committee lead by retired Supreme
Court judge B.N. Srikrishna for making recommendations for a draft Bill on protection of personal
data.

After working on it for a year, the committee submitted its report titled “A Free and Fair Digital
Economy: Protecting Privacy, Empowering Indians ” along with the draft bill on personal data
protection.

The revised Personal Data Protection Bill, 2019 (Bill), was introduced by Mr. Ravi Shankar Prasad,
Minister for Electronics and Information Technology, in the Lok Sabha on December 11, 2019.

Kinds of personal data- The Bill has categorized data under three broad heads– Personal Data,
Sensitive Personal Data, and Critical Personal Data.

i. Personal data includes data which pertains to characteristics, traits or attributes of identity, which
can be used to identify an individual, collected online or offline.

ii. Sensitive Personal data includes financial data, biometric data, caste, religious or political beliefs,
or any other category of data specified by the government, in consultation with the Authority and the
concerned sectoral regulator.

iii. Critical Personal Data means such personal data as may be notified by the Central Government to
be the critical personal data.
Restriction on transfer of Personal Data outside India

i. Personal Data can be processed and stored outside India

ii. Sensitive Personal Data should be stored in India and may be transferred outside India for
processing, if explicitly consented to by the data principal for such transfer and subject to certain
additional conditions such as:

Exemptions- The central government can exempt any of its agencies from the provisions of the Act:

Processing of personal data is also exempted from provisions of the Bill for certain other

purposes such as: (i) prevention, investigation, or prosecution of any offence, or (ii) personal,

domestic, or (iii) journalistic purposes. However, such processing must be for a specific, clear

and lawful purpose, with certain security safeguards.

Offences- Offences under the Bill include:

i. Any person who, knowingly or intentionally— (a) re-identifies personal data which has been de-
identified by a data fiduciary or a data processor, as the case may be; or (b) re-identifies and
processes such personal data as mentioned in clause (a), without the consent of such data fiduciary or
data processor, then, such person shall be punishable with imprisonment for a term not exceeding
three years or with a fine which may extend to two lakh rupees or both.

ii. Offences under this Act shall be cognizable and non-bailable.

iii. Offences by companies: every person who, at the time the offence was committed was in charge
of, and was responsible to, the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.

iv. Offences by State: the head of such department or authority or body shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished accordingly.

The Bill also seeks to provide remedies for unauthorized and harmful processing, and to establish a
Data Protection Authority of India for the said purposes and for matters connected therewith or
incidental thereto.