Cyber Laws in India – Pornography

Abstract

  The evolution and network gave rise to cyber space which controls and manages to provide equal opportunities and facilities to all the people to access any kind of information. Due to gradually increase of the internet abusage of technology is broadening gradually which tends to cybercrimes. Cybercrime is basically an unlawful act that leads to criminal activity. Cyber Security, a mechanism by which computer information are protected from unauthorized and illegal access. This paper illustrates and focuses on cybercrime, its impact on society, types of threats, and cyber security. Nowadays Computer crime issues and thefts have become tremendously high-profile, particularly those surrounding copyright infringement, hacking, child pornography, child grooming, and spoofing.

Introduction 

often in the context of business or other enterprises IT body. The Technology manly growth in The use of computer is not limited to established institutions or organization, but available to every individual at the swipe of a finger. IT has eased out almost every humanized action. The unparalleled use of internet in our day-to-day lives also led to commencement of misuse of internet like data theft, illegal personal, and interference with privacy, cybercrimes.

Computer crime can be summarized as a criminal activity which involves information technology infrastructure, in addition to unauthorized access, illegal interception, any data interference, computer or systems interference, abusage of devices, forgery, blackmail, embezzlement, and some electronic fraud. There exits privacy issues whenever any confidential information or data is hijack or lost, either lawfully or otherwise. Cybercrime cells are there in states basically to handle these crimes, and to expel or punish the netizens or criminals committing any of the cybercrime. It basically ranges from theft of an individual’s identity entire disruption of a particular country’s Internet and network connectivity due to massive attacks across its networking resources. In this digital age, online communication now become a norm, the internet users and the government are at a enlarged risk of becoming the bull's-eye of the cyber attacks.

Cybercrime can cause harm to any organization Hacking of the ATM password, transferring the money by hacking the bank account details of the victim's account to theirs, some pornography issues are some of the thefts that are handled by educated people. There is an urge to implement some of the rules and regulations, to tackle and handle these crimes governing cyber space particularly known as Cyber Law Cyber security requires global co-operation to deal with the security of cyber space. It protects computer equipment, resources of computer or system, information and data from any unauthorized access and the disclosure. During this paper different kinds of attacks and threats are overviewed. Each and every attack is described firmly, category of hackers are also reviewed. In section II, cybercrime is detailed along with its two classifications of forms of crimes.

Need For Cyber Law

In - Internet was initially developed as a research and information sharing tool and was in an unregulated manner. As the time passed by it became more transactional with e-business, e-commerce, e-governance and e-procurement etc. All legal issues related to internet crime are dealt with through cyber laws. As the number of internet users is on the rise, the need for cyber laws and their application has also gathered great momentum.

In today’s highly digitalized world, almost everyone is affected by cyber law. For example:

• Almost all transactions in shares are in demat form.
• Almost all companies extensively depend upon their computer networks and keep their valuable data in electronic form.
• Government forms including income tax returns, company law forms etc. are now filled in electronic form.
• Consumers are increasingly using credit/debit cards for shopping.
• Most people are using email, phones and SMS messages for communication.
• Even in “non-cybercrime” cases, important evidence is found in computers/cell phones eg: in cases of murder, divorce, kidnapping, tax evasion, organized crime, terrorist operations, counterfeit currency etc.
• Cybercrime cases such as online banking frauds, online share trading fraud, source code theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing attacks, email hijacking, denial of service, hacking, pornography etc. are becoming common.
• Digital signatures and e-contracts are fast replacing conventional method of transacting business. 6. INTRODUCTION OF CYBER LAW

The existing laws of India, even with the most compassionate and liberal interpretation could not be interpreted in the light of the emergency cyberspace, to include all aspects relating to different activities in cyberspace. In fact, the practical experience and the wisdom of judgement found that it shall not be without major threats and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyber laws. Hence, the need for enactment of relevant cyber laws.

None of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email id not “legal” in our country. There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As suin India.

Information Technology-act 2000

In India, cyber laws are contained in the Information Technology Act, 2000 ('IT Act') which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government Information Technology Act, 2000 is India’s mother legislation regulating these of computers, computer systems and computer networks as also data and information in the electronic format. This legislation has touched varied aspects pertaining to electronic authentication, digital (electronic) signatures, cybercrimes and liability of network service providers.

Advantages of I.T. Act 2000:

Helpful to promote e-commerce:

• Email is valid
• Digital signature is valid.
• Payment via credit card is valid.
• Online contract is valid

Enhance the corporate business:

After issuing digital signature, certificate by Certifying authority, now Indian corporate business can enhance.

Filling online forms:

After providing facility, filling online forms for different purposes has become so easy.

High penalty for cybercrime:

• Law has power to penalize for doing any cbercrime. After making of this law, nos. of cyber crime has reduced.
• Shortcoming of I.T. nd will.
• Act is silent on taxation.
• No, provision of payment of stamp duty on electronic documents.

Information Technology-act 2008

The IT Act 2000, being the first legislation on technology, computers, e-commerce and e-communication, was the subject of extensive debates, elaborate reviews with one arm of the industry criticizing some sections of the Act to be draconian and other stating it is too diluted and lenient. There were some obvious omissions too resulting in the investigators relying more and more on the time-tested (one and half century-old) Indian Penal Code even in technology based cases with the IT Act also being referred in the process with the reliance more on IPC rather on the ITA.

Thus the need for an amendment – a detailed one – was felt for the I.T. Act. Major industry bodies were consulted and advisory groups were formed to go into the perceived lacunae in the I.T. Act and comparing it with similar legislations in other nations and to suggest recommendations. Such recommendations were analyzed and subsequently taken up as a comprehensive Amendment Act and after considerable administrative procedures, the consolidated amendment called the Information Technology Amendment Act 2008 was placed in the Parliament and passed at the end of 2008. The IT Amendment Act 200nature technology neutral

• Defining reasonable security practices to be followed by corporate
• Redefining the role of intermediaries
• Recognizing the role of Indian Computer Emergency Response Team
• Inclusion of some additional cybercrimes like child pornography and cyber terrorism
• Authorizing an Inspector to investigate cyber offences (as against the DSP earlier)

The term 'digital signature' has been replaced with 'electronic signature' to make the Act more technology neutral. A new section has been inserted to define 'communication device' to mean cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text video, audio or image. A new section has been added to define cyber cafe as any facility from where the access to the internet is offered by any person in the ordinary course of business to the members of the public. New Section to address data protection and privacy -Section 43 Body corporate to implement best security practices-Sections 43A &72A.

Conclusion

In this modern of technology Indian cyber law, the role and usage of internet is increasing worldwide rapidly, therefore it becomes easy for cyber criminals to access any data and information with the help of their knowledge and their expertise. Cybercrime is an unlawful act or a menace that needs to be tackled firmly and effectively. There is a need to create more awareness among the people and basically users of internet about cyber space, diverse forms of cybercrime and some preventive measures as “Prevention is always better than cure”, so it is seriously advised to take some previous precautions while operating the internet.

Security nowadays is becoming a prominent and major concern. In the following paper, some IT Law & security issues are introduced, threats, Trojans, and attacks over internet. Computer security becomes critical in many of the technology-driven industries which operate on the computer systems. Computer security is nothing more than computer safety. Countless vulnerabilities and computer or network based issues are acts as an integral part of maintaining an operational industry. 

Cite this page