Concept of cyber Law. (cyber law notes chapter- 1)

CONCEPT OF CYBER LAW:

Cyber law is the area of law that deals with the Internet's relationship to technological and electronic elements, including computers, software, hardware and information systems (IS).

Cyber law is the part of the overall legal system that deals with the Internet, cyberspace, and their respective legal issues. Cyber law covers a fairly broad area. encompassing several subtopics including freedom of expression, access to and usage of the Internet, and online privacy. Genericaliy, cyber law is referred to as the Law of the Internet.

 

WHY ARE CYBER LAWS NEEDED?

Like any law, cyber law is created to help protect people and organizations on the Internet from malicious people on the Internet and help maintain order. If someone breaks a cyber law or rule, it allows another person or organization to take action against that person or have them sentenced to a punishment.

 

CYBER LAW ENCOMPASSES MANY DIFFERENT TYPES OF LAW

Cyber law serves a variety of purposes. Some laws protect people from becoming the victims of crime through unscrupulous activities on the internet. Other laws create rules for how individuals and companies may use computers and the internet. These laws cover a wide range of topics and activities, but they all fall under the wide category of cyber law. The major areas of cyber law include:

·     1. Cyber Crimes

·    2. Electronic and [Digital Signatures

·     3. Intellectual Property

·     4.   Data Protection and Privacy

Copyright

The internet has made copyright violations easier. The early days of online Communication made copyright violations as easy as clicking a button on a file- sharing website. Both individuals and companies need attorneys to bring action to enforce copyright protections. Copyright infringement is an area of cyber lawn that defends the rights of individuals and companies to profit from their creative works.

Defamation

Many people use the internet to speak their minds. When people use the internet to say things that are untrue, it can cross the line into defamation. Defamation laws are civil laws that protect individuals from untrue public statements that can hurt a business or someone's personal reputation. Defamation law is cyber law when people use the internet to make statements that violate civil laws.

 Harassment and Stalking

Sometimes online statements can violate criminal laws that prohibit harassment and stalking. When a person makes repeated or threatening statements about Someone else online, they may violate both civil and criminal laws. Cyber lawyers both prosecute and defend people when stalking occurs using the internet and other forms of electronic communication.

 Freedom of Speech

An important area of cyber law is freedom of speech. Even though cyber laws prohibit certain behaviors online, freedom of speech laws also allows people to speak their minds. Cyber lawyers must advise their clients on the limits of free speech including laws that prohibit obscenity. In addition, cyber lawyers may defend their clients when there's a debate about whether their actions constitute permissible free speech.

Trade secrets

Companies that do business online often rely on cyber law to protect their trade secrets. For example, Google and other online search engines spend a great deal of time developing the algorithms that produce search results. They also spend a great deal of time developing other features like maps, intelligent assistance, and flight search services to name a few. Cyber lawyers help their clients take legal action as necessary in order to protect their trade secrets.

SCOPE OF CYBER LAW

The rapid development of information technology posed certain challenges for the law that are not confined to a particular category of law but arises in diverse areas of law, such as criminal law, intellectual property law, contract, and tort. The issues of free speech, and intellectual property. safety. equity, privacy, e-commerce, and jurisdiction are governed by the Cyber Law. The scope of different problems presented by the advancement of technology includes:

ü  A. Dealing with the computer hackers or those who introduce viruses;

ü  B. Categorization of 'contract for the acquisition of software' on similar

ü  footing with a contract which dealing with goods;

ü  C. Dealing with the phenomenon of mass consumer purchases from other jurisdictions under e-commerce;

ü  D. Existence of copyright in a computer program and question of patent protection

 

ü  E. Question of the destruction of copyright due to the widespread dissemination of text on the network.

ü  F. Regulation of Cyber Squatting' and trafficking in domain names under law

 

ü  G. The question of regulation of the content of material on the internet and freedom of information and expression.

ü  H. The protection of the privacy of the individual amid the increasing capacity for storing, gathering, and collating information.

WWHAT IS CYBERSPACE? Cyberspace refers to the virtual computer world, and more specifically, is an the electronic medium used to form a global computer network to facilitate online communication. It is a large computer network made up of many worldwide computer networks that employ TCP/IP protocol to aid in communication and data exchange activities.

Cyberspace's core feature is an interactive and virtual environment for a broad range of participants.

Cyberspace allows users to share information. interact, swap ideas, play games, engage in discussions or social forums, conduct business, and create intuitive media, among many other activities. The term cyberspace was initially introduced by William Gibson in his [984 book. Neuromancer." Gibson criticized the term in later years, calling it evocative and essentially meaningless." Nevertheless,The term is still widely used to describe any facility or feature that is linked to the Internet.

CYBER TRANSECTIONS

An online transaction, also known as a PIN-debit transaction, is a password- the protected payment method that authorizes a transfer of funds over an electronic funds transfer (EFT)

 

How Does an Online Transaction Work?

When you pay for goods or services with your debit card, you have an option for the payment to be processed in two different ways: as an offline transaction via a credit card processing network, or as an online transaction via an EFT system, requiring a personal identification number (PIN) to complete the process.

When processed as an online transaction, the exchange of funds is completed using an EFT network, such as Star, Pulse, or Interlink, depending on which EFT system your bank is associated with as a member bank. The cost of the transaction typically amounts to an interchange fee of 1% of the total purchase price, which is charged to the vendor/merchant.

Why Does an Online Transaction Matter?

$20.5 billion in interchange fees were charged to merchants in 2010. Now they are at the center of debate among lawmakers, banks, and merchant unions in the U.S. On one side of the argument are the banks, which claim that interchange fees are necessary to cover the costs of processing transactions and providing fraud protection.

In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was passed by Congress, and included in the Act was an amendment to address interchange fee reform (the Durbin Amendment). Under this Amendment, the Federal Reserve is now authorized to review and reform debit card transaction fees. One such proposal will cap interchange fees at $0.12 per transaction, a 73% reduction from the average charge of $0.44 per transaction. As a consequence, consumers can expect a loss of financial perks like free checking accounts, the end of rewards programs for debit cards, and an increase in fees for ATM withdrawals from out-of-network banks. If interchange fee reform is not passed,

CYBER JURISPRUDENCE

What is Jurisprudence of Cyber Law: Jurisprudence is the branch of philosophy concerned with the law. It is a legal philosophy. So Jurisprudence of cyber laws is the philosophy concerned with the Cyber laws and also the conventional law that is related to Cyber Crime. Cyber jurisprudence is still in its initial stage. Cyber Jurisprudence is a new legal philosophical concept. It is developing based on Information Technology & Networked world. A new problem arises on the emergent growth of technological issues based on cyber culture and civilization. The future war and peace, humanity and morality, life and enjoyment, society & individuality are almost going to cyberspace. To make all this under the legal framework is a vast philosophical aspect. So Cyber jurisprudence the philosophy of the cyber world, legal relationship with mankind.

Ethics of Cyber Jurisprudence:

Ethics is the motivation based on ideas of right and wrong. It is the philosophical study of moral values and rules of mankind and the principle of right & wrong that are accepted by an individual or a social group.

The right to freedom of belief thought and expression which are basic principles envisaged in the constitution. The freedom of the press is also a guaranteed right provided by the constitution. Further, the constitution also guarantees right to information. The citizens have the fundamental right to know what is happening around them. The constitution guarantees the right to privacy. The Supreme Court of Bangladesh is the guardian of fundamental rights as confirmed by the constitution.

As a matter of principle, there is no doubt that in conflicts between a personal- interest and national interest undoubtedly the national interest should prevail. Further, there is a dire need for evolving a code of ethics on the Cyberspace and discipline.

So ethics of Cyber Jurisprudence is a new concept based on information Technology, Cyberspace. Cyber World. Internet Nationality etc.

 Importance of Cyber Jurisprudence:

Computer, Internet, Computer Networks, Cyber Space and Cyber laws have opened a new horizon for civilization. Information & Communication Technology have given a new dimension of civilization. This may be termed E-civilization. E-civilization developed in the cyberspace of the networked world. This civilization made a revolution upon nationality, sovereignty, and legal structure.

This multi-dimensional attribute of cyber Jurisprudence has made training mandatory for professionals in law, Information Technology, Engineering, Banking, Insurance, Business, and outsourcing. Governments and other sectors. So Cyber Jurisprudence awareness is essential in traditional employee orientation programs globally.

The world is constantly seeking experts or analysts of cybercrimes. Consultants, Lawyers and academics in the field of cyber law are also required.