INTRODUCTION
In today’s technological era, electronic devices and the internet are being used in almost every field. We’ve fully become dependent on the internet and electronic devices. People find computers, smartphones, and the internet the neediest for them. Our lives would be paralyzed if such e-devices don’t exist, that too especially for today’s youth. Consequently, technology and human life are inseparable.
India’s digital goals are rapidly progressing with missions like Make in India and Digital India having a better effect across the economy. India has witnessed rapid digitalization in almost all spheres of our life. Both private and government sectors are now providing digital service delivery mechanisms, creating a synergy of efforts by leaving an impressive impact.
But with the increase in digital activities, cyber crimes have also increased. Examples of major cyber crimes are hacking, phishing, cybersquatting, cyberstalking, invasion of privacy, cyber theft, etc. In such a situation, various types of online crimes increase the concern of cyber security. Due to this, the demand for cyber professionals has increased in such fields.
CONCEPTION OF CYBER LAW
There was no separate law for cybercrimes before the enactment of the Information Technology Act of 2000[1]. All the crimes related to digital crimes today were used to get tried under the traditional laws which is the Indian Penal Code, 1860[2]. The Internet began in India in 1986 and was initially made available to certain categories of people only such as educational and research communities. The general access to the public was made available on 15th August 1995[3].
The Information Technology Act of 2000 is now very effective as we have this separate law for cybercrimes. This has enabled the regulation of the activities that take place in the cyber world, ensuring the security of the users and their data. Cyber law is also known as the internet law or digital law which encompasses legal issues concerned with the usage of technology and the internet. The main purpose of cyber law is to regulate and govern the behaviour and activities of the users in cyberspace. The key aspect of the law is to protect data and privacy, prevent cybercrimes, etc.
But with the increased dependence on commerce and governance electronically has led to numerous issues as well. We see how different types of crimes are committed digitally and taken advantage of. The classification of cybercrimes includes cybercrime against individuals, cybercrime against property, cybercrime against government, and cybercrime against society. People misuse and abuse this very technological element. The contravention of the provisions of the Act keeps happening despite knowing the fact of the existence of such laws.
GREY AREAS OF THE ACT
Technology has brought many advantages like e-documents, e-commerce, e-governance, e-banking, online classes, and study material for education, etc. Apart from the advantages and bright side of the internet, it even has a darker side. To know what loopholes the act has, some of the drawbacks are as follows:
- The conflict of jurisdiction is one of the major grey areas one can face. Issues related to domain names are not even clarified in the Act, the Act did not talk about the exact solution regarding domain issues.
- The Act does not deal with issues concerned with the IPR’s (Intellectual Property Rights) protection.
- International Trade and Tax Policies are vital for the growth of a global context. However, this Act does not deal with the Cross-Border Tax Policy at the international level, especially when it comes to signing contracts in the cyber world or online space.
- The failure to surrender the license has to be considered a non-cognizable offence and not a cognizable offence.
- Significant documents are not covered under the Act such as power of attorney, will, trust, etc. These are mentioned under Schedule 1 but the Act does not cover these important documents.
- Section 9 is the major loophole of the Information Technology Act as on one hand, the main objective of cyber law is to facilitate electronic governance and on the other hand, section 9 of the act provides that nobody can insist the government or any government office interact in electronic form. Statutory bodies not accepting e-documents is unfair and contradictory to what the objective of the law says. [4]
CONCLUSION
The technological development has benefited us in numerous ways. The online world has made many things possible just by one click no matter where you are and what time it is. It does let us communicate and connect with people and our loved ones as well through calls and messages. The internet does have a brighter side undoubtedly. But apart from all such positive features, the internet has a darker side as well. This side is sometimes extreme also. The crimes have led to many severe cases. Nobody thought about such types of crimes and consequences when the internet was at its developing stage. The misuse and abuse done by internet users are not just affecting a particular person or group but affecting the entire world. The impact and the consequences we have already seen but still the constant actions are happening and some even know how to escape by using their extraordinary mind and technological skills.
We did talk about some of the grey areas the cyber law has. Many more grey areas have to be fixed. The law is still not definite and exhaustive. The loopholes of the Information Technology Act of 2000 should be looked after and appropriate measures should be taken. The preventive measures may help in reducing the crimes. It is possible to exercise control over such digital crimes by the effective implementation of cyber law. To combat this hi-tech criminality, our media is also a very helpful source in warning the public against the possible dangers and evil effects. Tightening up of the net’s security is to be taken into account too. We can also become aware by observing the previous incidents that happened because of online activities and learning something from it that what not to be repeated and acted on.
Author(s) Name: Sheajal Gupta (Gujarat University)
Reference(s):
[1] Information Technology Act 2000
[2] Indian Penal Code 1860
[3] Press Trust of India, ‘India’s Internet User Base to Cross 900 Million by 2023: Cisco’ HT Tech News (20 August 2022) 1
[4]Lecture-32, Grey Area of Information Technology Act 2000 <https://ugcmoocs.inflibnet.ac.in/assets/uploads/1/185/6004/et/Lec%20-%2032%20-%20Academic%20Script200309111103035353.pdf> accessed on 26 December 2023
