- Published: November 24, 2021
- Updated: November 24, 2021
- Language: English
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About Cyber Law
The term cyber law is not a new one, and almost everyone related to the web world and cyberspace are well aware of the law. Cyber law relates to the use of communication technology and how it is used in the cyberspace. As it is a junction of many legal fields, it still carries a lesser distinct field of law. There are aspects like freedom of expression, property, privacy and jurisdiction that come ingot play behind the law meant for the cyber world. The scenario here is much different as compared to the laws applicable to the physical world. With a phenomenal growth in Electronic commerce and businesses online, there was a dire need of a system of laws that faced the challenges presented by human bustle in the virtual world. The legal infrastructure needs to be further strengthened and this is very crucial for the success of hundreds and thousands of electronic commerce ventures out there. We find all those legal infrastructures and regulatory mechanisms fall within the domain of Cyber law. The importance of Cyber Law and its growing need The founding fathers of the internet initially hardly had any clue as to what they were letting the world ingot. They had little idea as to how internet will transform itself into an all expansive revolution, and the platform would be miscued by many (Sheakh). Clearly, there is a need for strict regulations for criminal activities that seem to be on the rise. Today, we find many undesired activities happening on web and a range of criminal activities. Due to the odd nature of the internet, it can get difficult to curb those illegal activities happening in the virtual world. The Rising Crime In The Cyber World With the communication technology advancing rapidly, we find a rise in the number of and computer-related attacks that are projected at hardware and software of the computers. These can prove to be very disturbing and damaging to both individual as well as the business groups. Some of these attacks can be from private individuals while others a well-planned attack from nations, seeking to exploit the weaknesses in the computer technology systems of others. Despite the rise in the frequencies of those cyber-attacks, we are yet to have a strong framework of rules and effective cyber law that all the nations need to follow in this new stadium of warfare. The new battlefield is resounding with modern cyber weapons being utilized for narrow objectives. The existing legal framework behind the cyber law still needs to be reformed and made stronger to govern and control the armed conflicts and apply successfully to cyber warfare.
The international law needs to be shaped and revised, based on the occurrence of cyber espionage. The rise in the networks of computers and the growing complexities have turned the computers into weapons (Phillip). These new cyber weapons are evolving rapidly and at a much quicker rate as compared to other facets of technology. Large scale cyber espionage operations get discovered every other day. Because of the unique nature of cyber warfare, the frequency of these attacks is only going to rise in the coming future. It is time nations and states got together to understand the importance of the appropriate legal frameworks for the cyber law. The common cyber weapons are already at play in the global theatre. The recent notable attacks are good examples of how the current cyber law is facing difficulties in applying a legal framework to such a modern type of warfare and governing the cyber warfare. A good example is how Chinese cyber unit has been actively involved in a number of operations against well-known American corporations and businesses within the United States. It is tough to get hold the reality that those computers have already become weapons of war and eon can trace back those cyber weapons back to the cold war Impact on the business community When scanning news and headlines, it sends a chill as to how those latest high-profile cyber-attacks can wreck a community, country or any business. These attacks could happen anywhere and to any business. There are some good reasons for the business owners to worry as to how they would respond to customers and shareholders, in the event of such an attack and how it could impact the business. Often, the company’s information security is not given much information till there’s an incident. What follows is a damage-control mode as the company tries to deal with disclosure of confidential and financial information, as well as any stolen customer data. What may follow can play havoc with the reputation and business of the company. The question is not if how and when a company will suffer an incident, it is the reactive approach that we need to take care of. Businessmen over the recent years have reported intellectual property theft, financial losses, fraud, and legal exposure, along with reputational damage (Loveland, Lobel). With such high stakes, it only makes sense to strengthen the cyber law and give the information security the complete attention it deserves. This should be at the highest priority and for the safety of any company or business. Facing so many risks, the business owners and leaders are still unsure of as to where to focus and bring security issues ingot limelight. A strong cyber law can play an important role here and strengthen the security around every business. There are strong links between the company’s goals and its security, which is a strategic issue. The company or business invests heavily in its information security investments, and there is a dire need of effective legal and regulatory requirements. The information security challenges, like the very nature of business itself, are changing and evolving. Some of the major concerns are related to the internet security and Mobile devices. The customer mobile devices leave any business or company increasingly vulnerable. Hackers are always looking for Smartphone users to enter a company network. Those banking apps easily available from popular online stores might not be affiliated with the banks, but have been designed to steal data. It is time to we looked at our mobile devices not as phones, but a device that is equal to laptop computers, with their own powerful networks that can get attacked in the cyber world. The past years have seen leading companies and businesses in technology and financial services industries that have been the most victimized. Cyber-attacks and identity theft could happen to anyone. Legislation experts propose that it is only a matter of time before we see much more powerful and distinct cyber law in place. The concerns about security are becoming a major issue, and most businesses can lose their focus if they are thinking about those threats and worrying about the next attack.
The ever-evolving legal world of e-commerce has left modern business leaders to rethink their strategies about their security in the cyber world. The complete business lifecycle get affected by legal, managerial, and ethical technology at each stage. One needs to come face to face with the virtual-world legal implications of running a company or business today. Recent consultations revolve around Internet trading methods and the need of patents to protect computer programs. The current regime is under questioning because of the growing importance of e-commerce and the fast pace of change of technology (Nigel). However, the cyber law is still not clear enough. Corporate communications today rely a lot on the Internet and electronic communications came under legal perspective shortly. FBI source puts the annual losses due to cybercrime at more than $60 billion, and the numbers are growing every year. It has turned into an international phenomenon as there are no limitations in the virtual world. The offender and the victim often belong to different countries and fall under different jurisdictions, making it all the more difficult for the enforcement agencies to investigate and prosecute online crimes. There is clearly a strong necessity for international cooperation and implement well defined cyber laws.
Cyber law in the coming years Cyber law needs to take into consideration electronic commerce, jurisdiction, free speech, security and the regulation of the Internet. Topics such as third-party liability, contracting and licensing, consumer protection, regulation of online conduct, along with privacy need to be taken seriously. The Internet law is still a constantly evolving discipline and relates to the use of computer resources and computer resources, as well as communication devices. Looking at the present conditions, it is hard to predict what Cyberlaw would develop ingot in the coming years. However, based upon certain past and existing events, one can sure expect some significant trends that seem too obvious on the horizon. The new changes in Cyber law are likely to impact on the growth related to the cyberspace as well as businesses and organizations across the world. As we move towards24x7 access and ubiquitous computing, online data protection, privacy and security will remain important topics for cyberlaw jurisprudence (Mangan). Different countries are already working on enabling their own frameworks so as to preserve and protect online privacy. Strict and stringent methodologies are essential to off. Clearly, there is a need of strong legal measure to combat cybercrime, before the issue balloons to an unmanageable size. Steps need to be formulated in the jurisdiction, procedural powers, criminalization, international cooperation, etc. The responsibility and liability of the internet service providers need to be looked into. Many countries recognize the problem and the need for legislation. A large number of countries remark that their criminal law frameworks are not sufficient. The last decade has seen some key developments as an increasing number of countries became proactive in developing international instruments to counter cybercrime. There are five clusters that include the United Nations, the League of Arab States, and intergovernmental African organizations, Shanghai Cooperation Organization, Commonwealth of Independent States and the European Union. There were particular concepts and approaches developed in the Council of Europe Convention on Cybercrime (Harley).
A recent global survey suggests that 80 % of individual victims of core cybercrime do not report the crime. The cybercrime law enforcement cybercrime investigations need a blend of traditional and new policing techniques to combat the problem. Cyber Laws govern the regulations in Cyberspace, and the central legal issues here involve trademarks, copyrights and patents, looking after policies on the use of the Internet and social media. Every business today needs to analyze its risks against cybercrimes and learn how to get protection from potential liabilities before they become very risky and expensive. The information in Cyberspace is exchanged in real time as different organizations and businesses browse, work, explore and interact with others. Cyber Law related issues not only affectToday, Cyber Law related issues affect almost every business as those Electronic transactions control virtually every aspect of commerce. Most of the official documents are filed electronically, and the virtual medium controls every aspect of commerce and business communication.
Works CitedTaraq Hussain Sheakh. ” Cyber Law: Provisions and Anticipation.” International Journal of
Computer Applications53. 7 (2012)Print.
Pool, Phillip. ” War of the Cyber World: The Law of Cyber Warfare.” International Lawyer 47. 2
(2013): 299. Print. Gary Loveland and Mark Lobel. “ Cybersecurity: The new business priority” International
Miller, Nigel. ” Cyberlaw Roundup.” Computer Fraud & Security2001. 10 (2001): 11-3. Print.
Katherine S Mangan. ” Cyberlaw Challenge: Staying Current.” The Chronicle of Higher
Education 47. 5 (2000): A13. Print. Harley, Brian.” A Global Convention on Cybercrime?” International Journal (2010) Print.