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Cyber Law

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Cyber Law

Uploaded by

abuthameej51
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Cyberspace refers to the virtual environment created by Cyber law in e-commerce encompasses the legal principles and Technical

les and Technical Aspects of Encryption Technical Aspects of Data Security


interconnected digital networks, including the internet, intranets, regulations governing online commercial activities and Encryption involves transforming data into an unreadable format to Data security encompasses measures to protect digital information
and other computer networks. It encompasses the intangible space transactions. It addresses issues such as contract formation, protect it from unauthorized access. This process uses algorithms from unauthorized access, corruption, or theft. This includes
where digital communication, information exchange, and online enforceability, and validity in the digital realm. In the context of e- and keys to encode and decode information, ensuring data encryption, firewalls, anti-virus software, and intrusion detection
interactions occur. This realm transcends physical boundaries, commerce, contracts are often formed electronically, raising confidentiality and integrity. Symmetric encryption uses the same systems. Data security protocols ensure confidentiality, integrity,
enabling instantaneous connectivity and interaction regardless of questions about the authenticity and legality of digital signatures, key for encryption and decryption, while asymmetric encryption and availability of data, safeguarding it from cyber threats and
geographical location. Cyberspace is home to various activities, electronic records, and online agreements. Cyber law ensures that uses a pair of public and private keys. Encryption is crucial in breaches. Robust data security practices are essential for
such as social networking, online gaming, e-commerce, data these digital contracts are legally binding and enforceable, similar safeguarding sensitive information during transmission and maintaining user trust and compliance with legal regulations.
storage, and information sharing. It is a dynamic, ever-evolving to traditional paper-based contracts. Key aspects include the storage, particularly in e-commerce and online communications.
space influenced by technological advancements and user recognition of electronic signatures under laws like the ESIGN Act Intellectual Property Aspects: WIPO
behavior. The concept of cyberspace also includes the underlying and the UNCITRAL Model Law on Electronic Commerce, which Technical Aspects of Digital Signature The World Intellectual Property Organization (WIPO) oversees
infrastructure, such as servers, data centers, and communication facilitate international e-commerce by providing a harmonized Digital signatures provide a secure and verifiable way to international intellectual property (IP) regulations, promoting
technologies, that support these digital interactions. While offering legal framework. Additionally, cyber law covers the protection of authenticate the identity of the sender and ensure the integrity of innovation and creativity globally. WIPO provides frameworks for
numerous benefits like accessibility and connectivity, cyberspace consumer rights, privacy, and data security, ensuring that online the message. Utilizing cryptographic techniques, a digital signature protecting IP rights, including copyrights, trademarks, and patents,
also presents challenges, including cybersecurity threats, privacy transactions are conducted in a fair and transparent manner. It also is created using the sender's private key and verified with their ensuring that creators and inventors are compensated for their
concerns, and digital divides. As a crucial component of modern addresses issues of jurisdiction, as e-commerce transactions often public key. This process ensures that the document has not been works and can protect them from infringement.
society, cyberspace continues to shape and redefine how involve parties from different countries, necessitating clear rules on altered and confirms the signer's identity, thus enhancing trust in
individuals, businesses, and governments interact and operate. which laws apply and which courts have authority. Overall, cyber electronic transactions.
law in e-commerce is essential for fostering trust and confidence in
online transactions, providing a secure legal environment for
businesses and consumers alike.
Cyber Law refers to the legal frameworks and regulations Intellectual Property Aspects: GII Evidence Aspects: Global Trends - Legal Framework for EDI
governing the use of the internet and digital technologies. It The Global Innovation Index (GII) measures the innovation The law of evidence, a crucial part of procedural law, governs the The global trends in the legal framework for Electronic Data
encompasses various aspects, including data protection, privacy, performance of countries, including their ability to protect IP. It admissibility, relevance, and weight of proof presented in legal Interchange (EDI) reflect a growing recognition of the need for
intellectual property rights, online security, and cybercrimes. The evaluates factors like research and development, technological proceedings. In the digital age, the applicability of the law of standardized, secure, and legally enforceable electronic
primary aim of cyber law is to ensure legal compliance and advancements, and IP laws, providing insights into how effectively evidence to electronic records is vital, as it ensures that digital transactions. Many countries have adopted regulations and
safeguard the rights of individuals and organizations in the digital nations support and safeguard innovation. documents, emails, and other electronic data are recognized as international guidelines, such as the UNCITRAL Model Law on
realm. It addresses issues like hacking, identity theft, online fraud, Intellectual Property Aspects: ECMS legitimate and admissible in court. The Indian Evidence Act of 1872 Electronic Commerce and the United Nations Convention on the
and the unauthorized dissemination of digital content. With the Electronic Copyright Management Systems (ECMS) are digital tools has been amended to include provisions for electronic evidence, Use of Electronic Communications in International Contracts, to
rapid advancement of technology, cyber law continuously evolves used to manage and enforce copyright laws. ECMS track the use of particularly through Section 65B, which specifies the conditions create a harmonized legal environment for EDI. These frameworks
to address new challenges and threats. It also involves the copyrighted material online, ensuring that creators receive under which electronic records are deemed admissible. This address critical issues like the validity of electronic signatures, data
regulation of electronic commerce, digital signatures, and the royalties and that their works are not used without permission. modernization is essential for addressing the nuances of computer integrity, authentication, and non-repudiation. Moreover, global
protection of sensitive information from cyber threats. These systems enhance the enforcement of copyright laws in the crimes, where electronic evidence is often central. trends show an emphasis on ensuring interoperability between
Cyberspace is a term that describes the virtual environment digital age. Criminal Aspect: Computer Crime different EDI systems and compliance with data protection laws
created by interconnected computers, networks, and digital Intellectual Property Aspects: Indian Copyright Act on Software Computer crime, or cybercrime, encompasses offenses such as such as the GDPR in Europe. The aim is to facilitate seamless cross-
devices. It is an intangible domain where digital communication The Indian Copyright Act protects software as a literary work, hacking, identity theft, online fraud, and the distribution of border trade and commerce, reducing the reliance on paper
and interactions occur, encompassing the internet, online granting creators exclusive rights to reproduce, distribute, and malicious software. Factors influencing computer crime include documents and enhancing the efficiency and accuracy of business
communities, social media platforms, and other digital networks. modify their software. It ensures that software developers can technological advancements, the proliferation of internet access, processes. The legal framework ensures that EDI transactions are
Cyberspace is characterized by its vastness, speed, and the ability safeguard their creations from unauthorized use and infringement, and inadequate cybersecurity measures. To combat these crimes, a recognized and enforceable, providing businesses with the
to transcend geographical boundaries, enabling instantaneous promoting innovation in the software industry. robust strategy for prevention is necessary, involving a combination confidence to engage in electronic transactions on a global scale.
exchange of information and ideas globally. It is a dynamic and Intellectual Property Aspects: Indian Patents Act on Software of legislative action, public awareness, and the implementation of
constantly expanding environment, fostering innovation, The Indian Patents Act allows for the patenting of software-related advanced security technologies. The Indian Penal Code of 1860 has
collaboration, and the dissemination of knowledge. However, the inventions, provided they demonstrate a novel technical been amended to address cybercrimes, introducing specific
openness and accessibility of cyberspace also make it susceptible application. This encourages technological advancements and sections that criminalize unauthorized access to computer systems,
to various cyber threats and malicious activities, necessitating provides inventors with exclusive rights to their innovations, data theft, and related offenses. These amendments are critical in
robust cybersecurity measures and legal regulations to ensure safe fostering a competitive and innovative environment in the tech providing a legal framework to deter and prosecute cybercriminals
and secure digital interactions. industry. effectively.
EDI Mechanism Electronic Data Interchange Scenario in India The Information Technology Act 2000 - Definitions Authentication of Electronic Records
Electronic Data Interchange (EDI) refers to the automated exchange In India, the adoption of Electronic Data Interchange (EDI) has The Information Technology Act 2000 (IT Act 2000) is a The IT Act 2000 provides a legal framework for the authentication
of standardized business information between organizations using gained momentum, particularly in sectors like retail, comprehensive legal framework in India aimed at regulating of electronic records, ensuring their validity and enforceability in
electronic means. The mechanism involves several key manufacturing, and logistics. The legal framework governing EDI in electronic commerce and cybercrime. It provides definitions for key legal proceedings. It recognizes electronic signatures and digital
components: standardized message formats (such as EDIFACT or India is supported by the Information Technology Act, 2000, which terms such as "computer," "computer network," "data," and signatures as valid methods for authenticating electronic records.
ANSI X12), communication protocols (like AS2 or FTP), and EDI provides legal recognition to electronic transactions and digital "information," establishing a clear understanding of the elements An electronic signature, as per the Act, means authentication of
translation software. These elements work together to ensure that signatures. This legislation ensures that EDI documents are legally involved in digital transactions. The Act defines "computer any electronic record by a subscriber by means of the electronic
data exchanged between different systems is accurately valid and enforceable. The Indian government has also resource" broadly, encompassing computers, computer systems, technique specified in the Second Schedule and includes digital
interpreted and processed. EDI enhances efficiency by reducing implemented various initiatives to promote the use of EDI, such as networks, data, and software, thus covering all facets of electronic signatures. Digital signatures are a subset of electronic signatures
manual data entry, minimizing errors, and speeding up transaction the Goods and Services Tax Network (GSTN) for tax-related activities. "Electronic record" is defined as data, record, or data and involve the use of asymmetric cryptosystem and hash
processes. It supports various business functions, including transactions and the Directorate General of Foreign Trade (DGFT) generated, received, or stored in a computer system. These functions to create a unique digital code that can be verified by a
purchase orders, invoices, shipping notices, and inventory updates. for export-import documentation. Additionally, the integration of definitions are fundamental in setting the scope of the Act, trusted certifying authority. The Act ensures that digital signatures
The EDI process typically starts with the generation of a document EDI with customs processes has streamlined international trade, ensuring that various aspects of electronic interactions and cyber are unique, secure, and verifiable, thus providing the same level of
in an organization's internal system, which is then translated into reducing clearance times and enhancing efficiency. However, activities are comprehensively covered. By establishing these trust and security as traditional handwritten signatures. By
an EDI standard format. This formatted document is transmitted to challenges remain, including the need for wider adoption among definitions, the IT Act 2000 lays the groundwork for the legal legalizing electronic authentication methods, the IT Act 2000
the trading partner via a secure communication channel, where it small and medium enterprises (SMEs) and ensuring compatibility recognition and regulation of electronic records and digital facilitates secure and efficient electronic commerce and
is translated back into a format compatible with the recipient's with global EDI standards. Despite these challenges, the EDI transactions in India. communication.
system. The EDI mechanism promotes seamless and real-time scenario in India continues to evolve, driven by the increasing
information exchange, contributing to improved supply chain digitization of business processes and the push for a more
management and business collaboration. connected and efficient economy.
Electronic Governance Digital Signature Certificates
The IT Act 2000 promotes electronic governance by enabling the Digital Signature Certificates (DSCs) under the IT Act 2000 are
use of electronic records and digital signatures in government and electronic documents that serve as proof of identity for individuals,
its agencies. It allows the filing, creation, and retention of organizations, or devices in digital transactions. Issued by Certifying
documents in electronic form, thus streamlining administrative Authorities (CAs) licensed by the Controller of Certifying
processes and enhancing efficiency. The Act mandates that any Authorities (CCA), DSCs use public key infrastructure (PKI) to
requirement for information or any other matter to be in writing, ensure the authenticity and integrity of the signed documents. The
typewritten, or in printed form is satisfied if the information or Act stipulates that a digital signature must be unique to the signer
matter is rendered or made available in an electronic form and and capable of identifying the signer, ensuring that the signature is
accessible for subsequent reference. This provision facilitates the created using means under the signer’s sole control and is linked to
transition from paper-based to digital governance, reducing the data in such a manner that if the data is changed, the digital
paperwork and improving service delivery. Additionally, the Act signature is invalidated. This provides a high level of security and
provides for the attribution, acknowledgment, and dispatch of trust in electronic communications and transactions. DSCs are used
electronic records, ensuring that electronic communications are for various purposes, including e-filing of tax returns, online
treated with the same legal validity as their paper counterparts. By bidding in government tenders, and secure email communication.
enabling electronic governance, the IT Act 2000 aims to make By establishing the legal framework for DSCs, the IT Act 2000
government services more accessible, transparent, and efficient. facilitates secure and trustworthy digital interactions and
transactions.

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