3rd October 2010
CYBER LAW
1. Cyber Law means Law governing “Cyberspace” or “Internet Law”. Cyber space comes alive when two or more Computers are networked together. Cyberspace is a non-physical Terrain created by Computer systems. Online systems create Cyberspace within which people can communicate with one another. The term “Cyberspace’ is wider than the term “Internet”. Internet does not cover Electronic information stored in Computers that are not connected to the Internet.
2. Cyberspace includes Computers, Computer Networks, the Internet, Data, Software, etc. (all activities that take place in relation to Information stored or exchanged using Computers and Computer Networks).
3. Cyber Law governs Legal Issues of Cyberspace, such as -
(1) Electronic and Digital Signature Laws – for Authentication of Electronic
Records, Emails, etc.- like Electronic Signatures in Global and National Commerce Act of USA.
(2) Cyber Crime Law – our dependence on Computers and Internet made us all
potential victims of Cyber Crimes.
(3) IPRS (Intellectual Property Rights Law) – relating to Cyberspace, like –
(a) Copyright Law – regarding Computer Software, Computer Source Code, etc.
(b) Trademark Law – in relation to Domain Names.
(c) Semiconductor Law – relating to Semiconductor Design and Layout.
(d) Patent Law – in relation to Computer Hardware and Software.
4. The word “Cyber” has come from the word “Cybernetics” coined by William Gibson in the year 1980. The word “Cybernetics” is taken from the Greek word “kubernetics” meaning “Governor” or “Steerman”. The English term “Cybernetics” is borrowed by American Mathematician Norbert Wiener in the year 1940. The term “Cybernetics” means “Theory of Control and Communication Processes”. The word “Cyber” is broader as compared to “Virtual” or “Digital”. (A Digital system is a Data Technology).
5. Law means all Rules of conduct -
(1) approved by Government.
(2) in force over certain Territory.
(3) to be obeyed by all persons in that Territory.
6. Cyberspace is an intangible Dimension that is impossible to govern and regulate using Conventional Law. It has complete disrespect for Jurisdictional Boundaries. It handles gigantic traffic volumes per second. Billions of Emails, Millions of websites and Billions of Dollars are transferred around the World by Banks every second. It is absolutely open to participation by all. It offers enormous potential for anonymity to its members.
7. Readily available Encryption Software and Stegnographic Tools seamlessly hide information within Image and Sound files, ensuring the confidentiality of Information exchanged by Cyber Citizens. Cyberspace offers never seen before Economic efficiency even without the need traditionally of Government Licenses, Shipping Documents and payment of Handling Charges, and Customs Duty.
8. Electronic Information has become the main object of Cyber Crime. It is extremely mobile, exceeding by far the mobility of Persons, Goods or other Services. International Computer Networks can transfer huge amounts of Data around the Globe in a matter of seconds, giving rise to indispensable International Solutions to fight Cyber Crimes because of their International and Super-national aspects.
T. M. NADAR