Decoding the Petya Ransomware Attack

By Sunidhi Singh, Army Institute of Law, Mohali.

“Technology is a useful servant but a dangerous master.”

Christian Lous Lange

Computers were invented to help human beings perform tough and time consuming tasks accurately, within seconds and the internet was developed as a research and information sharing tool. However, our present situation is a total reverse. Today’s techno-savvy world, though sophisticated, is also a hub of several misdeeds. `Cybercrime’ is growing dangerously in a technical age where computers are used as a weapon to commit real world crimes. (more…)

Cyber Crimes to be Penalised: An Overview of the Report by the Expert Committee

By Rabia Mohamed Ismail Abdul Rahim, NUALS, Kochi.

In 2005, the Supreme Court in Shreya Singhal v. Union of India struck down Section 66A of the Information Technology Act, which penalised the sending of offensive messages through computer resource or other communication services, thus leading to leniency with regard to laws governing penalisation for the delivering of hate speeches. (more…)

Cyber Challenges and Emerging Trends: A Step ahead of Law

By Priyanka Gehlot, Raffles University, Rajasthan.

Cyber crime is just another invention of a technological advancement. As more and more people started accessing internet, the paradigm of cyber space changed from a utopia to a doom and gloom.  This vicious circle operates through technical methods of spoofing, onion routing, bot mapping which disguises the real Internet Protocol (IP) of the miscreants terrorizing the cyber space. As a consequence, we find phishing, hacking, cyber pornography, terrorism, piracy and other crimes unrestrained in cyber space. By the 21st century, though, hardly a hamlet remained anywhere in the world that had not been touched by cybercrime of one sort or another, from mobile threats to the privatization of financial banking Trojans and from hacktivism to account take over. Despite the alleged laws boasting of combating the cyber crime, the paradox is – Virus is still emerging (more…)

Security of the State versus Right to Privacy

By Pragya Dhoundiyal, Law Center-1, Faculty of Law, Delhi University.

The government of India recently came up with a draft of the National Encryption Policy which is also in place in many other countries. However, our draft has been compared to the drafts of some of the regressive countries of the Middle East because it appeared to be a backward looking policy. The stakeholders and the public were invited for their insightful comments on the same; the last date for which was 16th October, 2015. But it was written off with such strong emotions of the experts and the public alike, that the government had to call it back. The government has accepted that there did exist certain ambiguities and at the same time had given the assurance that the requisite changes would be made. Since, it has not been made clear as to what changes exactly is the government contemplating, the public at large remains apprehensive. (more…)

Is the Evidence Law in India all set to be overhauled?

By Maithili Parikh, Government Law College, Mumbai.

The Indian Evidence Act was originally passed by the Imperial Legislative Council in 1872 and contains a set of rules and allied issues governing admissibility of evidence in Indian Courts, an area of law of unparalleled importance in advocacy and litigation. The enactment and adoption of this code of law was a path-breaking judicial measure and completely metamorphosed the previous traditional customs of evidence, which were in practice. Just like all other branches of law, the Law of Evidence in India needs to constantly evolve with the rapidly growing society and its practices. Surprisingly, the Indian Evidence Act, has been amended only once in 2000. However in order to combat the increasing magnitude of cyber crimes, the NDA Government is considering overhauling the current law in order to replace it with a more modern and comprehensive amendment. (more…)

Cyber Stalking: Development and Need for Law Reforms

By Shrutika Garg, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith.

The technological era has led to so many changes in the lifestyle of people. But it has also opened doors for criminal offenders. Earlier, there was a crime called stalking, which meant following someone, or annoying them to cause trouble. This stalking was seen in the small colonies, cities, etc. In this digital era, when people can easily reach any corner of the world, this crime has taken a different form, called Cyber Stalking. Cyberstalking is the use of Internet or other electronic means to stalk or harass an individual, a group, or an organisation. It may include defaming the person, libel or slander, or imposing false accusations with a desire to control, intimidate or influence the victim. Women and children are the biggest targets of such offenders. (more…)

Sanjay Kumar v State of Haryana: An Analysis

By Anmol Sinha, Symbiosis Law School

Cyber Law

Cyber LawEverything in this world evolves. The rule and regulations governing the society has changed down the centuries, so has the mode of commission of crimes. Cyber crime is an example of it. With the advent of internet and information technology, the commission of digital crimes is the new form which is increasing at an alarming rate. Almost all the companies nowadays provided their goods and services online which further makes digital arena a lucrative place for commission of an offence. (more…)

Equity Crowd Funding: Interface between Internet Governance & Finance

By Aishwarya Dhakarey, Symbiosis Law School, Pune.

In simple words, inviting funds from multiple investors for a specific social cause or project or undertaking and all this takes place in a web-based platform or a social networking website. Crowd funding is sub divided into various types namely, donation crowd funding, reward crowd funding, peer-to-peer lending and equity crowd funding[1]. Nevertheless, the scope of this piece is restricted to Equity Crowd funding. It is a fact that crowdfunding is technologically assisted and social media enabled. (more…)

Bitcoins: The Gen Next Revolution or Disaster

By Sanya Darakhshan Kishwar, Central University of Bihar, Gaya.

A Critical Analysis of viability of Bitcoins as Currency

Bitcoins is a peer-to-peer payment system introduced as open-source software in 2009 by developer Satoshi Nakamoto.[1] The payments in the system are recorded in a public ledger using its own unit of account,[2] which is also called Bitcoins. The US Treasury calls Bitcoins a decentralized virtual currency as the system has no central repository and no single administrator.[3] Although its status as a currency is disputed, media reports often refer to Bitcoins as a cryptocurrency or digital currency. (more…)

Cyber Law: An Overview

By Sagarika Chandel, KIIT School of Law, Bhubaneswar.

“The modern thief can steal more with a computer than with a gun. Tomorrow’s terrorist may be able to do more damage with a keyboard than a bomb”. -National Research Council, USA “Computers at Risk” (1991)

Internet in India has been ever growing at a fast pace giving rise to opportunities to people in every field- be it education, business, sports or entertainment. Cyber space is now becoming the most preferred environment of the world with an enormous growth rate as the population on the internet doubles roughly every 100 days1. Cyber law being a generic term signifies all the legal and regulatory aspects of the internet and the World Wide Web2. Cyber law, also known as Internet law signifies everything related to computer, internet, network, software, emails, data storage devices (such as hard disks, USBs) and even electronic devices such as mobile phones, ATM machines etc. Anything that concerns or emanates from the legal aspects or issues concerning the activities of ‘netizens’3 in the cyberspace comes within the ambit of cyber law4. (more…)