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A survey on cyber law
1. Santosh Panda, Student M.Phil
(santosh.panda@live.in)
P.G. Department of Computer Science and Applications
Sambalpur University, Jyoti Vihar, Odisha, India.
A Survey on Cyber Law : Key Issues, Emerging
Challenges, its Implementations and Solutions in India.
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2. 1. Introduction.
2. Key Issues and Emerging Challenges.
3. Enforcement of Law- Its Implementations and
Solutions in India.
4. Conclusion.
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3. The Cyber Law, the law on Cyber space also known as Internet
Law is a divergent field of law which portray the lawful issues
related to Information and Communication Technology (ICT).
The Cyber Law in INDIA is in existence with Indian Penal
Code (IPC) 1860, Information Technology Act-2000 (ITA-
2000) and ITA-2008 (amendment) in its place further it has a
lot of issues and emerging challenges.
The challenges are emerging because it is a law on technology
which is emerging and there is a need of enforcement of new
laws and should be amended in evolutionary.
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4. Due to increasing use of cyber space or internet, emerging growth of
technology in Cyber ecosystem and misuse or unauthenticated access of data
there are a lot of criminal activities.
There are a lot of issues in the cyber space due to which
the crime increases with the increasing use of internet
and technologies.
Due to a lot of issues and challenges the existing control of internet is not
sufficient for our nation, India which affects not only our society but also
economy.
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5. Some of the imperative inside of IT Act of India (ITA-2000)
on internet and e-commerce are given below .
E-Governance
Attribution, Acknowledgement and Dispatch of Electronic Data and Records
Regulation of certifying Authorities
Digital Signature Certificate
Duties of Subscribers
Penalties and Adjudication
The Cyber Regulations Appellate Tribunal
And some of the more clauses are amended in ITA-2008 under Department of
Electronics and Information Technology (DeitY), Ministry of Communication and
IT, GoI.
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6. 2-sides of Cyber Law
Key problem areas in Cyber like security issues, ethical
issues, lack of standardization and globalization, and the
emerging challenges.
To enforce it into Law, its implementations and some of the
solutions that may be incorporated for effective
implementation of Cyber Law in India.
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7. 1. Security Issues- Techno legal framework and proper legal
practice. The categorization
of Cyber law in India needs
intelligence, transparency and
reforms. GoI should normalize it in
intervals. India must also reconcile civil liberties and national
security requirements while protecting Indian Cyberspace .
2. Ethical Issues- The challenge is
to train and produce more
ethical hacker with the knowledge
of grievances and laws.
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8. 3. Lack of Standardization and Globalization-The
challenge is to put the Cyber law as a global issue and
implement a uniform law irrespective of territory and
boundaries.
4. Evolution of new Technology- It is a big issue for Cyber
lawyers and GoI as new Act
should be amended in advance of
the technology. The challenge is to
implement a global techno-legal corporate.
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9. 5. Increasing Use of Social Network-A legal
framework should be implemented for the social media
partner, service provider and the customers to reduce
the misuse of Data. Establishing more Cyber crime
cells in India by Crime Branch of India to assist and
conscious the citizens.
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10. 10
INTERNET USE, POPULATION DATA AND
FACEBOOK STATISTICS
Country
Population
( 2014 Est.)
Internet
Users,
(Year 2000)
Internet Users
30-Jun-2014
Penetration
(% Population)
Users
% Asia
Facebook
31-Dec-2012
India 1,236,344,631 5,000,000 243,000,000 19.7 % 17.5 % 62,713,680
(Source: http://www.internetworldstats.com/stats3.htm)
11. The Cyber Law should have a strong basis for implementing
lawsuit in a court of law.
The techno-legal corporate can be implemented and
incorporated with some grievance policies, predictive policing
and law firms in India.
Different trends like the Cyber Security Legal Practice for the
Cyber Lawyers under the global trend and different platforms
as a joint project and consultancy like naavi and Cyberlaws
Consulting Centre (CCC) should be implemented as a solution
for identifying issues and challenges for Cyber Law.
The field of Cyber Law may need more research as an
academic curriculum by integrating IT and Law.
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12. The GoI shall establish more Cyber Regulations Appellate
Tribunal (CRAT) also known as Cyber Appellate Tribunal
(CAT) in ITA-2008 (amendment) for the regulation and
monitoring of Cyber Law.
Establishment of the Standing Committee on Information
Technology and Cyber Regulation Advisory Committee in
regular interval, to find out the statistics of crime, issues
and future challenges of the Cyber Law in India can be a
major implementation and solution.
The taxonomy or framework of IT Act shall be
multidimensional.
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13. The regulations of Cyber Law is an evolutionary, very complex process
having vast number of issues and challenges due to diversifying nature
of both technology and crime.
However some of the major solutions that can be implemented for the
challenging issues of Cyber Law, that are- awareness of Cyber law for
the society, implementation of CAT, Cyber Law requires effective law
enforcement in a multidimensional approach, regular improvement
and amendments of IT Act, implementation of Tech-legal corporate
with legal policies, Law firms, consultancies and different platform or
project can be done.
Implementation of more Cyber crime cells in India and need of more
Cyber lawyers shall require for the growing rate of cyber crime. The
global inventiveness to revitalize the Cyber Law shall play a crucial task
in removing existing lacunae in Cyber Law.
Globalization of Cyber Law is very difficult issue but in future the
global techno-legal corporate can be incorporated by GoI in Public
Private Partnership (PPP) mode to reduce the Cyber crime and
terrorism in India to meet the issues and challenges of Cyber Law.
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