An Overview on Cyber Crime and IT Act 2000

We are living in an era where the internet has become a part of our daily schedule.
Everything, from ordering food to shopping online, studying a subject to looking at memes,
posting online about your whereabouts to online transactions, has been so engraved in our
functioning that we tend to overlook the threats and dangers it poses to us. The web is a
worldwide stage, which means that anyone can have access to it. And once people have
access to anything, they start violating it.
Cyberspace is a global computer network which felicitates online communication. It allows
users to share information and ideas, interact and communicate, play games, engage in
discussions, conduct business and many other activities. In other words, this computer-
generated worldwide stage of internet and web is known as Cyberspace.
The Indian Law does not define the term ‘cybercrime’. It is neither defined in the Information
Technology Act, 2000 nor in the I.T. Amendment Act, 2008 nor in any other legislation of
India. In fact, the Indian Penal Code still does not use the term ‘cybercrime’ even after its
amendment by the Information Technology (Amendment) Act, 2008. However, cybercrime
can be defined as any criminal activity directly related to the use of computers and the
internet, such as illegal trespass into the computer system or database of another,
manipulation or theft of stored or online data, hacking, phishing, cyber warfare, spreading
computer viruses etc. In simple words, any offence or crime in which a computer is used for
committing that crime.
Next, coming to cyber law, it can be defined as the law which governs Cyberspace and
protects from cyber crimes and lays down punishments for its violation. Cyberlaw is a
common term which refers to legal jurisdiction and regulation of various aspects of the
internet and computer security. In India, cyber laws are regulated by the Information
Technology Act, 2000.

Impact of Cyber Crimes

Impact on Economy
People today are highly dependent on computers and the internet for money transfers and
making payments. Therefore, the risk of being subjected to online money frauds is extremely
high. Norton CyberCrime disclosed in 2011 that over 74 million people in the United States
were victims of cybercrime in 2010, which directly resulted in financial losses of
approximately $32 billion. Even in India, with the emergence and popularity of “cashless
India”, chances of being duped online are also increasing, if one is not smart enough to use
safe online transaction platforms and apps.
Not just individuals suffer from financial losses due to cybercrimes; some of the surveys
conducted have stated that approximately 80% of the companies participating in the surveys
accepted financial losses due to cybercrimes.
Leakage of Personal Information
Not just financial losses, people also suffer from leakage of their personal information. Many
social networking sites, no matter how safe, are still an open platform for everyone to see
someone else’s life, which can be dangerous. Apart from this, hackers can also hack into
one’s account and collect whatever information they want to. Spamming and phishing also
cause harm to people.
Loss of Consumer Trust
With such financial losses and a threat to personal information, consumers start losing trust in
such sites and apps. Even if the person committing the crime is someone else, the site or app
is declared to be fraudulent and unsafe. Also, it makes people reluctant to start a transaction
when their credit card information is asked. This affects the credibility of an e-business and
consequently jeopardizes a potential business.
The threat to National Security
Nowadays, the military of most of the countries is using advanced computer technologies and
networks. Information warfare, albeit old, is used to spread malware, which can cause
network crashes and spread misinformation. Not just militaries but terrorists and
cybercriminals also these technologies to intrude in other Country’s security networks and
obtain information. They also send threats and warnings through computer systems.
Need of Cyber Law
With the evolution and development of the internet, information technology and computers,
challenges imposed by cybercrimes have also increased. Therefore, cyber laws regulate all
fields of laws in which cybercrimes can be committed, such as criminal law, contract,
intellectual property law and tort. Cyber laws deal with various kinds of concerns, such as
free speech, safety, intellectual property rights, privacy, terrorism, e-commerce and
jurisdiction of cyber laws.
With the increase in the number of internet users, the need for cyber laws and their
application has become very urgent in modern times. Cyber laws are needed because:
1. Consumers are increasingly using online transactions with the increased popularity of
payment apps and sites, as they are easy and efficient. Government’s scheme of
‘Cashless India’ has also gained popularity resulting in a high amount of online
transactions.
2. Email, SMS, messaging apps and social networking sites have become the main mode
of communication.
3. Companies are highly dependent upon their computer networks to keep their
electronic data safe.
4. Most of the government forms are now filled in electronic format, for example,
Income Tax Return, Passport application, Pan Card application, Company law forms
etc.
5. Digital Signatures and authorization is fast, replacing conventional ways of
identification for transactions.
6. Computers and networks also help in non-cyber crimes as well. As most of the data,
these days are stored in computers and mobile phones. The evidence collected from
 them can help in various crimes such as kidnapping, terrorist attacks, counterfeit
currencies, tax evasion and such.
7. Cyber laws help in representing and defining the model of cyber society and
maintaining cyber properties.
8. Digital contracts are also gaining popularity in modern times; cyber laws help in
protecting the rights of these legally enforceable digital contracts.
Scope of Cyber Law
The scope of cyber law is very wide as it deals with various kinds of challenges and threats
imposed by the internet and developments in computer technology:
1. Dealing with computer hackers, spammers and those who spread malware and
viruses.
2. Protecting the privacy of the individuals and preventing frauds in money transactions.
3. Regulations and categorization of contractual obligations related to the acquisition of
software.
4. Protection of Intellectual Property Rights and dealing with issues of copyright in a
computer program and patent protection of software programs.
5. Dealing with the purchases from other jurisdictions under e-commerce.
6. Regulation and dealing with the issue of trafficking in domain names under the law;
and
7. Regulation of the content and information available on the internet.
8. Protection and regulation of freedom of speech and expression and right to
information.
Cyber Law in India and the IT Act, 2000
In India, cyber laws are contained in the Information Technology Act, 2000. The main object
of this Act is to provide legal recognition to e-commerce and electronic formats and to
facilitate the filing of electronic records with the Government. This legislation lays down
rules and regulations related to cybercrimes, electronic information and formats, electronic
authentication and digital signatures, and liability of network service providers. The I.T. Act
is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL
Model) recommended by the General Assembly of the United Nations by a resolution dated
30 January 1997.
The Indian Cyber Law covers these major aspects of Cyberspace and cybercrime:
1. The Indian Cyber Law makes every format in electronic form legal, which means
anything that you write, share and publish electronically is now considered legal.
2. It also makes all electronic contracts legal, which means that an offer can be
electronically made and accepted, and it would amount to a valid and binding
electronic contract.
 3. The Indian Cyber Law recognizes and legalizes the concept of digital signatures and
electronic authentications.
4. Indian Cyber Law covers almost all kinds of cybercrimes and provides punishment
for the same.
5. It also punishes the people of other nationalities, provided their crimes involve any
computer or network situated in India.
Legalization of everything in electronic format, such as publications, communications,
signatures and authorization, means that it is all now valid and can be used in any
proceedings.
Pros of the I.T. Act, 2000
1. Before the enactment of the I.T. Act, 2000, the usual means of communication such as
emails and texts were not considered as a legal form of communication and due to
this, they were not admissible as evidence in a court of law. But after the enactment of
I.T. Act, 2000 electronic formats and communication got legal recognition, and now
they are admissible as evidence in a court of law.
2. With the introduction of the I.T. Act, 2000, now companies can carry out e-commerce
and e-business and promote online transactions commercially using the legal
infrastructure provided by this Act.
3. Digital signatures and authentications have been legalized after the I.T. Act, 2000,
which is a great assistance to carry out transactions online as they help in verifying
the identity of an individual on the internet.
4. The I.T. Act, 2000, provides for corporate to have statutory remedies if anyone hacks
and breaks into their computer systems or networks and causes any kind of damages.
The I.T. Act, 2000 provides for monetary damages, by the way, compensation, as a
remedy for such crimes.
5. The I.T. Act, 2000 has defined, recognized and penalized various cyber crimes such
as hacking, spamming, identity theft, phishing and many more. Prior to this Act,
cybercrimes were not included in any legislation, and there was no legal remedy for
such crimes.
6. The Act allows companies to issue digital certificates by becoming Certifying
Authorities.
7. This Act also allows the Government to issue notices on the internet through e-
governance.
Cons of the I.T. Act, 2000
1. The I.T. Act, 2000 may cause a conflict of jurisdiction.
2. Electronic commerce is based on the system of domain names. The I.T. Act, 2000
does not address the issues relating to domain names, rights and liabilities of domain
owners.
 3. The I.T. Act, 2000 does not provide for the protection of Intellectual Property Rights
as issues regarding copyrights and patents are very common in relation to computer
programs and networks.
4. The offences covered and defined under the I.T. Act, 2000 are not exhaustive in
nature. Since, with the advancements in technologies, computer programs and
networks are constantly changing and evolving, and with this advancement, the nature
of cybercrimes is also evolving. This Act does not cover various kinds of cybercrimes
such as cyberstalking, cyber fraud, chat room abuse, theft of internet hours and many
more.
5. The I.T. Act, 2000 has not addressed issues like privacy and content regulation, which
is very necessary, considering the vulnerability internet poses.
6. Lastly, the main issue with this Act is its implementation. The I.T. Act, 2000 does not
lay down any parameters for its implementation and regulations.
Information Technology (Amendment) Act, 2008
Few amendments have been made in the I.T. Act, 2000 which have improved certain
provisions of the original Act. Few of the amendments are:
1. The term’ digital signature’ has been replaced with ‘electronic signature’ to make the
Act more technology-neutral.
2. The term ‘Communication device’ has been defined. According to the definition,
‘Communication device’ means cell phones, personal digital assistants or combination
of both or any other device used to communicate, send or transmit any text, video,
audio or image.
3. The term ‘Cybercafe’ has also been defined as any facility from where the access to
the internet is offered by any person in the ordinary course of business to the members
of the public.
4. New Sections have been added to address data protection and privacy.
Conclusion
The role and usage of the internet is increasing worldwide rapidly. It has increased the
convenience of the consumer as everything can be done staying at home; however, it has also
increased the convenience of cybercriminals to access any data and information which people
intentionally and unintentionally provide on the internet and otherwise. So, along with proper
legislation to protect and prevent cybercrimes, it is necessary that people are made aware and
educated regarding cybercrimes.
Nevertheless, even though internet users let out their personal data easily, it still remains the
responsibility of the State to protect the interests of its people. It has been recently found that
big companies like Facebook use personal information and data of its users and use this
information to influence the political views of people. This is a serious threat to both
individual’s privacy and the Nation’s interests. With the introduction of the I.T. Act, 2000,
the issue of crimes in Cyberspace in India has been addressed very smartly, yet, the proper
implementation of the Act is still lacking. The need for efficient cyber laws is very evident,
considering the current scenario, but individuals should also be aware of such threats while
surfing the internet.