CYBER LAW


As a result of Globalization, the Information technology (I.T) Industry has grown tremendously. It is now a very essential component in our economy. Just before 20 years, people did not use computer much when compared to today. Now it is totally reverse & it is rare to see a person without an electronic gadgets. The growth of telecommunication devices & computers, laptops and iPads is tremendous. Last but not the least Google has placed this world in our palm and no doubt we call this as Knowledge Era...


  • Evolution of Cyber Law
  • What is Cyber law and IT Act, 2000?
  • Importance of Cyber law for Corporates
  • Our services in Cyber law
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Evolution of Cyber law


Cyber law is law which governs and regulates the Cyber space. Cyber law includes rules governing the Internet world, Information technology. To control and regulate the cyber space disputes and crimes, Indian Government enacted an Act called Information Technology Act 2000 which governs the Cyber law in India.

“An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto”.

IT Act includes in its scope the digital signature, computer crimes, technology, ecommerce, Trademark, copyrights, legal agreements, and software. In essence, cyber law is an attempt to apply laws designed for the physical world to human activity on the Internet.


CYBER LAW FOR CORPORATES


“Overview of the Act “

    The Act provides

  • Electronic contracts will be legally valid
  • Legal recognition of digital signatures
  • Digital signature to be affected by use of asymmetric crypto system and hash function
  • Security procedure for electronic records and digital signature
  • Appointment of Certifying Authorities and Controller of Certifying Authorities, including recognition of foreign Certifying Authorities
  • Controller to act as repository of all digital signature certificates
  • Certifying authorities to get License to issue digital signature certificates
  • Various types of computer crimes defined and stringent penalties provided under the Act
  • Appointment of Adjudicating Officer for holding inquiries under the Act
  • Establishment of Cyber Appellate Tribunal under the Act
  • Appeal from order of Adjudicating Officer to Cyber Appellate Tribunal and not to any Civil Court
  • Act to apply for offences or contraventions committed outside India
  • Appeal from order of Cyber Appellate Tribunal to High Court
  • Act to apply for offences or contraventions committed outside India
  • Network service providers not to be liable in certain cases
  • Power of police officers and other officers to enter into any public place and search and arrest without warrant
  • Constitution of Cyber Regulations Advisory Committee who will advice the Central Government and Controller

    What does IT Act enable?

    The Information Technology Act enables:

  • Legal recognition to Electronic Transaction / Record
  • Facilitate Electronic Communication by means of reliable electronic record
  • Acceptance of contract expressed by electronic means
  • Facilitate Electronic Commerce and Electronic Data interchange
  • Electronic Governance
  • Facilitate electronic filing of documents
  • Retention of documents in electronic form
  • Where the law requires the signature, digital signature satisfy the requirement
  • Uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records or documents
  • Publication of official gazette in the electronic form
  • Interception of any message transmitted in the electronic or encrypted form
  • Prevent Computer Crime, forged electronic records, international alteration of electronic records fraud, forgery or falsification in Electronic Commerce and electronic transaction”

Cyber space has no boundaries. But governing laws are territorial


“Issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet” the frontier idea that the law does not apply in "Cyberspace" is not true.

In fact, conflicting laws from different jurisdictions may apply, simultaneously, to the same event. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions - the laws of the state/nation:

  • in which the user resides,
  • that apply where the server hosting the transaction is located, and
  • that which apply to the person or business with whom the transaction takes place.

CYBER LAW FOR CORPORATES


The need for cyber related agreements is scaling up every day or every hour. The swift escalation of Information Technology, challenges the legal field to meet up the legal needs in the IT Sector. As the cyber world is running in the platform of Agreements, highly technical, a reliable and customized terms & conditions are required. This task requires technical, technological, as well as legal knowledge. Whether a common man or a Prudent man is related with cyber law in his day to day life by using E-Commerce Portals, swiping Credit cards, accessing emails, and by using internet.

Various corporate sectors are completely transforming their activities through online. Protection form IT security risk has become a essential issue. The entire business activity is depending on online agreements i.e., for ex. we click a small check box (in Internet while downloading) which says ' I accept the terms and conditions', that is the cyber agreement; here the individual or the organization is entering into an agreement by mere click on the check box... knowingly or unknowingly.

Specifically for corporate, we at Le Intelligensia provide cyber solutions in various forms as that of

  • Drafting Techno-legal Agreements, E-Commerce
  • Legal Advice on issues related to Cyber law
  • Solutions for data theft and Cyber Security
  • Disputes and transfer of Domain names & agreements
  • Technology transfer agreements
  • Software Anti-counterfeiting Action
  • Cyber investigations and
  • Intellectual Property & IT Law Protection
  • Litigation and Legal Representation