THE ROLE OF CYBER LAW IN CYBER SECURITY

The Information Technology Act of 2000, which went into effect on October 17, 2000, is India's principal source of cyber law. The act's main goal is to give electronic commerce legal legitimacy and make it easier to file electronic records with the government.

1) Cyber Laws Encompasses Laws relating to:

2) Cyber Crimes

3) Electronic and Digital Signatures

4) Intellectual Property

5) Data Protection and Privacy

Cybercrime is defined as any illegal act in which a computer is utilised as a tool, a target, or both. The explosive rise of electronic commerce (e-commerce) and online stock trading has resulted in a massive increase in cybercrime.

To validate electronic records, electronic signatures are utilised. Electronic signatures include digital signatures. Signer authentication, message authentication, and message integrity are three fundamental legal requirements that digital signatures meet. Digital signatures are more reliable than handwritten signatures because of their technology and efficiency.

Intellectual property refers to human mind creations such as a novel, a song, a picture, a design, and so on. Cyber law governs the aspects of intellectual property that pertain to cyberspace. These are some of them:

Copyright law applies to computer software, source code, internet, and mobile phone content, among other things.

Licenses for software and source code

Domain names, meta tags, mirroring, framing, and linking are all covered under trademark law.

The semiconductor legislation protects the designs and layouts of semiconductor integrated circuits.

Individual privacy rights and the interests of data controllers such as banks, hospitals, and email service providers are both protected by data protection and privacy regulations. These laws are intended to counter the threats to privacy caused by collecting, storing and transmitting data using new technologies.

Cybersecurity

Intellectual property refers to human mind creations such as a novel, a song, a picture, a design, and so on. Cyber law governs the aspects of intellectual property that pertain to cyberspace. These are some of them:

Copyright law applies to computer software, source code, internet, and mobile phone content, among other things.

Licenses for software and source code

Domain names, meta tags, mirroring, framing, and linking are all covered under trademark law.

The semiconductor legislation protects the designs and layouts of semiconductor integrated circuits.

Individual privacy rights and the interests of data controllers such as banks, hospitals, and email service providers are both protected by data protection and privacy regulations. These laws are intended to counter the threats to privacy.

TYPES OF CYBERFRAUD

1.    Unauthorized access and Hacking

The access to the computer data or network without the prior assent from its owner is defined as unauthorized access. The unauthorized access into a computer data or network is called as hacking. Hackers use computer software or application, which is used to strike the particular target, to commit this crime.

2.     Phishing

It is the crime which is committed by sending an email which appears to be a legitimate mail by proper organization for tricking its user into giving their confidential information which is mainly used for various purposes such as identity theft, money, etc. Such scams vary from easy to sophisticated; they evolve every day, often transforming into more subtle or complicated scams. These scams normally ask the user for their bank account number, credit card number, passwords, etc.

3. Intellectual property frauds

Piracy in software describes as unauthorized or counterfeiting of original programs and selling goods making them same as the original. Such crime types may include copyright infringement, trademark infringement, computer source code theft, patent infringement, etc.

4. Charity fraud

These scams are done by counterfeiting the humanitarian organization or NGOs for supporting the natural disasters, war zones or diseases. Theses scams mainly ask for donations while attaching the new article for showing them as genuine. There are various attempt made by the scammer for asking more payments as a donations and after various

payments are made they also provides a fake certificate for donations.

5.Online shopping frauds

This is one of the greatest frauds on the internet over the last few years. Within this system, fraudsters set up fake online shopping portals in order to rob innocent people of their hardearned money. At a very cheap rate, they show attractive product on the website. But either the fake product is delivered, or the product is not delivered at all, after the transaction is made by paying the money. Those websites will have no return or refund policy and there will also be no service person to help customers.

6. Lottery fraud

Lottery fraud is one of India’s top three Web frauds. Fraudsters call you under lottery fraud or send emails and messages saying that you’ve won a lottery worth rupees some crore. In the

name of insurance, you’ll be told to send money online to earn the lottery money. Often a visit to fake websites will ask you to pay money. All your card data will be compromised when you try to make the payment using certain websites.

Case Laws[i]:

Boys Locker Room Case

• The incident of the 'boys locker room' is a living example of cybercrime. In a society where we still talk about consent, these 15-year-olds have risen to another issue. Sharing images of underage girls without their knowledge. They also posed rape threats and slut-shamed them.
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• All this started when a girl posted a series of chat screenshots on her Instagram story. The group had shared pictures of girls, possibly friends of their mutual friends. Soon the screenshots went viral. As a result of which girls received rape threats from the concerned group of boys. Despite the threats, girls in large numbers vented against rape culture. They felt that such activities were responsible for promoting child pornography.
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• The Delhi Police registered a case under provisions of the IT Act and IPC. The sharing of images of underage girls was a violation of the POCSO Act, 2012. The information on the 'Boys Locker Room' group had become public knowledge. So, the cyber cell decided to investigate. It arrested the admin of the Instagram chat group. The devices of identified members were seized and sent for forensic analysis.
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• The screenshots also included a Snapchat conversation among 2 boys. One of them suggesting to rape a girl. It was later found that it was a girl posing as a boy to test the character. However, she was left with a warning.

Bazee.com Case

• CEO of Bazee.com was arrested in December 2004 because a CD with objectionable material was being sold on the website. The CD was also being sold in the markets in Delhi.
• The Mumbai Police and the Delhi Police got into action. The CEO was later released on bail. This opened up the question as to what kind of distinction we draw between Internet Service Provider and Content Provider. The burden rests on the accused that he was the Service Provider and not the Content Provider. It also raises a lot of issues regarding how the police should handle cybercrime cases.

The Bank NSP Case

One of the leading cybercrime cases is the Bank NSP case is the one where a management trainee of the bank was engaged to be married. The couple exchanged many emails using the company computers. After some time the two broke up and the girl created fraudulent email ids such as "indian bar associations" and sent emails to the boy's foreign clients. She used the bank's computer to do this. The boy's company lost a large number of clients and took the bank to court. The bank was held liable for the emails sent using the bank's system.

AVNISH BAJAJ V. STATE (N.C.T.) OF DELHI11

The Chief executive officer of Bazee.com was arrested due to the offensive content uploaded on their website. The CD was also sold in the market. Both Mumbai and De lhi police taken action and arrested the CEO but later released on bail. This raises debate on whether the burden and responsibility rest on Internet service provider or on content provider.

ANDHRA PRADESH TAX CASE

The plastics firm’s owner in Andhra Pradesh was arrested, and the Vigilance Department seized 22 crore rupees in cash from his home. Thus, the defendant to show the validity of trade provides 6000 vouchers which was scrutinize with the documents and computer but after careful scrutiny it was found out that defendant was running 5 different companies and made those 6000 vouchers after the raid was conducted. So the State businessman’s questionable tactics were revealed when department officials used the computers of the accused.

                                                  CONCLUSION

Data plays an integral role in the commission of many cybercrimes and vulnerabilities to cybercrime. Even though data provides users of it (individuals, private companies, organizations, and governments) with innumerable opportunities, these benefits can be (and have been) exploited by some for criminal purposes. Specifically, data collection, storage, analysis, and sharing both enables many cybercrimes and the vast collection, storage, use, and distribution of data without users' informed consent and choice and necessary legal and security protections. What is more, data aggregation, analysis, and transfer occur at scales that governments and organizations are unprepared for, creating a slew of cyber security risks. Privacy, data protection, and security of systems, networks, and data are interdependent. In view of that, to protect against cybercrime, security measures are needed that are designed to protect data and user's privacy.

[i] Legal service India, https://www.legalserviceindia.com/legal/article-7646-the-role-of-cyber-law-in-cyber-security.html, (Last visited on June 6, 2022).

IEEEXPLORE, https://ieeexplore.ieee.org/document/6194495, (last visited on June 6, 2022).

iPleaders, https://blog.ipleaders.in/cyber-crime-laws-in-india/, (last visited on June 4, 2022).

Ministry of Electronics & Information Technology, https://www.meity.gov.in/content/cyber-laws, (last visited on June 4, 2022).