Cyber Laws In India and Around the World

A person becomes internet user at each and every minute in India. Human involvement with digitally supported platforms and gadgets, safeguarding every individual against cybercrimes is becoming a challenging task. Besides, the pinching reality is that the internet users are fully aware on the vulnerable cyber threats and security issues. The pace at which things are getting updated with the usage of internet, some or the other person is left behind. The paper focuses in finding out the answers to alarming questions – “Is the Individual actually aware that he/she is vulnerable to various cybercrimes?”; “If netizen is aware, then to what extent?”, “If a person is not aware of cybercrimes, what security measures can be adopted?”, “That steps are needed to be taken to make the netizens more aware and updated?".

 

The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000. We can categorize Cybercrimes in two ways

• The Computer as a Target:-using a computer to attack other computers. E.g. Hacking, Virus/Worm attacks,DOS attack etc.
• The computer as a weapon :-using a computer to commit real world crimes. E.g. Cyber Terrorism, IPR violations, Credit card frauds,EFT frauds, Pornography etc.

 

Sections	Punishment
1. Section 65- Temping with the computers source documents	upto 3 years imprisonment or with a fine of Rs.2 lakhs or with both
2. Section 66- Hacking with computer system, data alteration etc	sentenced upto 3 years imprisonment, or with a fine that may extend upto 2 lakhs rupees, or both
3. Section 66A- Sending offensive messages through any communication services	could be sentenced upto 3years of imprisonment along with a fine.
4. Section 66B- Receiving stolen computer’s resources or communication devices dishonestly	could be sentenced either description for a term that may extend upto 3 years
5. Section 66C- Identify theft	upto 3 years of imprisonment along with a fine that may extend upto rupee 1 lakh
6. Section 66D- Cheating by personation by the use of computer’s resources	3 years of imprisonment along with a fine that may extend up to rupee 1 lakh.
7. Section 66E- Privacy or violation	3 years of imprisonment or with a fine not exceeding more than 2 lakhs rupees or both.
8. Section 66F- Cyber terrorism	shall be sentenced to life time imprisonment.
9. Section 67- Transmitting or publishing obscene materials in electronic form	five years of imprisonment along with a fine which may extend upto 1 lakh rupee
10. Section 67A- Transmitting or publishing of materials that contains sexually explicit contents, acts etc in electronics form	upto 7 years of imprisonment along with a fine that may extend upto 20 lakhs rupees.
11. Section 67B- Transmitting or publishing of materials that depicts children in sexually explicit act etc in electronics form	to 5 years of imprisonment with a fine that could extend to rupees 10 lakhs
12. Section 67C- Retention and preservation of information by intermediaries	extend upto 3 years of imprisonment and also liable to fine.
13. Section 69- Power to issue direction for monitor, decryption or interception of any information through computer’s resources	to 7 years of imprisonment and also could be legally responsible to fine.

 

• The USA

The National Information Infrastructure Protection Act (NIIA) was introduced. The act included previous espionage laws and made it illegal to view computer information without authorisation. Over and beyond these laws, USA has established strict definitions and punishments for cyber crimes. From penalties like expulsion to criminal misdemeanor to felony in cyber bullying. To penalty of 15 years imprisonment and fines for identity theft

• The UAE

The nation has very clearly defined each offense as well as the penalty associated with each. From a penalty of maximum two-year imprisonment or 250-000-500,000 AED (Arab Emirates Dirham) for the basic crime of cyber stalking and harassment.

 

• The Kingdom of Saudi Arabia

The only laws in place are against hacking, illegal access to data, pornography, denial of service and cyber terrorism. The penalties vary from one-year imprisonment and a fine of 100,000 Riyals to imprisonment of maximum 10 years and fine of 5,000,000 Riyals for Cyber terrorism.

KSA has some laws in place, most of other cyber instances such as cyber bullying, piracy, falsification of signatures etc

• China

The recognition and penalizing of cyber crimes began in 1997 with the ‘Computer Information Network and Internet Security, Protection and Management Regulations’ codified by the State Council. As per the criminal law, acts like hacking,  sabotaging data or creating and propagating digital viruses lead to a minimum of three years imprisonment.

 

Though a crime-free society is Utopian and exists only in dreamland, it should be constant endeavour of rules to keep the crimes lowest. Especially in a society that is dependent more and more on technology, crime based on electronic offences are bound to increase and the law makers have to go the extra mile compared to the fraudsters, to keep them at bay. Technology is always a double-edged sword and can be used for both the purposes – good or bad.Hence, it should be the persistent efforts of rulers and law makers to ensure that technology grows in a healthy manner and is used for legal and ethical business growth and not for committing crimes.