This article is written by Devang shukla (Relevance of Cyber Laws in 2024), Atal Bihari Vajpayee School of Legal Studies
Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation, and mischief, all of which are subject to the Bharatiya Nyaya Sanhita.
Cyber law is an attempt to integrate the challenges presented by human activity on the Internet with a legacy system of laws applicable to the physical world.
HISTORICAL EVOLUTION IN INDIA
It has been passed in October 17, 2000 under information technology act ,IBA action This Act is for the whole of India and also a violation or offense committed by any individual irrespective his nationality whether citizen or non-citizen outside territorial jurisdiction of Republic Of India. Such offence or contravention shall be deemed to have been committed at any place in India. from where the computer is being used. Section 1(2) read with Section 75 of the IT Actu2000 provides for extraterritorial applicability provisions.
India’s Information Technology Act of 2000 has taken the primary move to incorporate legal concepts found in even more recently enacted information technology laws and different guidelines—and efforts by other nations.
Objectives of cyber Laws :
The primary function is to protect the financial and other transactions carried out online. In this world, plastic money in the form of debit and credit cards has been the trend. The Increase in financial offenses concerning debit and credit cards has prompted the authorities to take measures against the phenomenon. Sufficient money is being stolen from some people, and they are obliged to prove that the online fraud took place and also to recover the money. These obstacles are bound to be eliminated with the help of the cyber laws.
To save people of the internet from getting into the trap of cyber crimes. Internet being an open source of information, has gained the attention of large masses for their personal and official usage cyber crimes developing a feeling of insecurity among the users. Every single day some new form of cyber crime is effecting people. In such scenario, we need to protect our people and especially our children from being victims to the cyber criminals.
To create awareness among the users about the cybercrimes and cyber laws framed to protect the victims of cybercrime. The cyber law is there to build the confidence in the users that the victims of the cyber crimes will be legally protected and the guilty will be severely punished. This removes the obstacles in the way of smooth conduct of business and other activities
Case study – Shreya Singhal v. Union of India (2015) is a famous case in Indian constitutional law where the Supreme Court of India struck down Section 66A of the Information Technology Act, 2000.
Background:
Section 66A made sending of “offensive” messages through a computer or communication device a criminal offence. It was criticized for being vague and overbroad and had led to many arbitrary arrests.
Issues:
Whether Section 66A infringes the right to freedom of speech and expression under Article 19(1)(a) of the Constitution.
Whether it was saved by the reasonable restrictions under Article 19(2).
Supreme Court’s Findings:
Free Speech: The Court held that Section 66A was vague and overbroad and was misused and arbitrary. It infringed upon the right to free speech.
Reasonable Restrictions: The Court held that Section 66A didn’t fall under the reasonable restrictions under Article 19(2). It failed the clear and present danger test which is required to justify restrictions on free speech.
Result:
Section 66A was declared unconstitutional. This decision strengthened the right to free speech in India and is a warning to all vague laws.
Cosmos Cooperative Bank case
The Cosmos Cooperative Bank cyber incident in August 2018 ranks among the substantial cyber heists in India’s records. Down below is a synopsis of the incident
Background : Cosmos Cooperative Bank, distinguished as one of India’s longstanding and major cooperative banking institutions, encountered an advanced cyber onslaught characterized by the infusion of malware and synchronic withdrawals spanning numerous nations.
1. Malware Incursion: Malicious intruders penetrated the bank’s digital infrastructure through malware, thereby breaching its servers and associated systems.
2. Debit Card Duplication: Perpetrators succeeded in replicating a multitude of the bank’s debit cards through illicit means.
3. Synchronous Withdrawals: During a brief span of two days (August 11-13, 2018), the intruders conducted a profusion of ATM withdrawals globally, syphoning off nearly ₹94.42 crore ($13.5 million). These transactions transpired in excess of 28 nations, encompassing regions such as the USA, Canada, and Japan.
4. SWIFT Unauthorized Transactions: Besides the ATM breach, the culprits facilitated two unauthorized transactions via the SWIFT network, totaling ₹13.92 crore ($2 million).
Impact:
The overall financial expropriation amounted to approximately ₹112 crore ($15.5 million). This cyber undertaking laid bare significant susceptibilities within the banking sphere, especially cooperative banks, and evoked scrutiny regarding cybersecurity protocols.
Investigation and Response:
Prompt Notification: The bank swiftly alerted the Reserve Bank of India (RBI) and pertinent enforcement authorities, inclusive of the Cyber Crime Cell.
– Global Involvement: Given the international withdrawal footprint, cross-border collaboration was imperative for the probing process.
– Enhanced Security Measures: Subsequently, the bank augmented its cybersecurity defences, while the RBI promulgated directives to fortify the cybersecurity framework across banking institutions.
The case underscored the need for robust cybersecurity protocols and the importance of timely detection and response to cyber threats in the banking sector. The investigation into the perpetrators involved multiple agencies and was a significant step towards enhancing global cooperation in cybercrime prevention.
FUTURE TRENDS IN CYBER LAW
Governments are expected to set up stricter data privacy laws and fight against cybercrime and refine old laws at the same time as they make a few new ones addressing emerging threats which might arise due to technological advances. International cooperation is of importance since many attacks occur across boundaries leading to the need for cross-border collaboration in relation with information exchange among different countries. Additionally, rapid technological change makes highly probable that the whole area of legal responsibility for cybersecurity will undergo significant transformations in foreseeable future because it is where this activity occurs most frequently.
The more online transactions and interactions are done, the more secure digital identities will be important. This will result in the establishment of standards for digital identity verification and authentication. The laws, too, will further develop to spell out what cybercrime truly is and appropriate penalties for these offenses to discourage cybercriminals and ensure justice is availed of quickly.
Cyber law in 2024
Looking ahead to 2024, this will indubitably further entail stricter data protection regulations, cooperation between countries against cross-border cybercrime at a higher level, and new standards in the security of artificial intelligence and the Internet of Things. The regulations will turn to the protection of critical infrastructures and securing digital identities, with clarification of definitions regarding cybercrimes and their corresponding penalties. It will also give stronger emphasis on education in the sphere of cybersecurity, having revitalized frameworks for blockchain and cryptocurrencies.
FAQs
- What is the primary purpose of cyber laws in 2024?
Cyber laws in 2024 aim to protect online financial transactions and personal information from cybercrimes. With the increase in online activities, such as using debit and credit cards, these laws help prevent and address issues like fraud and identity theft, ensuring that individuals and businesses are safeguarded in the digital world.
- How did the Cosmos Cooperative Bank cyber heist impact India’s banking sector?
The Cosmos Cooperative Bank cyber heist of 2018 exposed significant vulnerabilities in India’s banking sector, particularly in cooperative banks. The incident, involving malware attacks and unauthorized transactions across multiple countries, highlighted the need for stronger cybersecurity measures and international cooperation to prevent such breaches in the future.
- How has the Shreya Singhal v. Union of India case influenced cyber law?
The Shreya Singhal v. Union of India case of 2015 was a landmark decision in Indian constitutional law. The Supreme Court struck down Section 66A of the Information Technology Act, 2000, which had been used to criminalize “offensive” online messages. The ruling reinforced the right to free speech and set a precedent against vague and arbitrary laws that could be misused.
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