RAISING THE BAR, VIRTUALLY – CYBER LAWS AND CRIMES
Hacking of internet sites, cyber virus contamination, credit card frauds are the new age crimes of the technology age. With the phenomenal growth of the IT world, known as cyber space, more and more work, business transactions, and data in text, video or audio format are being recorded and transmitted in electronic format. There is also a huge growth in the issue of credit cards and other financial instruments permitting electronic transactions, including mobile phones and satellite connectivity, and subsequent increase in abuse and crime affecting this new virtual world. Cyber crime is a specialized area which the police and even judicial officers find difficulty to handle. The demand is there fore for legal professionals able to appreciate the interface between law and technology.
Today, the virtual world of Internet, is governed by cyber laws that carry a kind of universal jurisdiction. All the legal issues related to Internet crimes are being dealt through cyber laws. Cyber laws are the regulations that govern copyright, intellectual property, contracts, now extended beyond national borders to the internationals information technology world. As the number of Internet users in on the increase with the changing times, the need for cyber laws and their application is gathering momentum,
A cyber lawyer is one who handles such cases of crimes like hacking, credit card frauds, protecting digital signatures to safeguarding e-commerce and business transactions on the Net, encryption codes or electronic records etc. Cases involving Intellectual Property laws for Copyrights, Software patents, Net banking also come within the purview of cyber law.
India is the second country in Asia and the 12th in the world to have a separate Information Technology Act. Under the It Act of 200,electronic documents and digital signature have been given legal recognition. The Act also lays down stringent laws against those committing cyber crime like hacking , credit card frauds, cyber stalking, blackmailing, disruption of computer source codes, pornography and the crimes related ti Intellectual Properties, Copyrights, and Trademarks etc..
Cracking down on cyber crime requires highly skilled understanding of the electronic world and Internet law, whether a particular activity on the Net is of transgressive nature or whether it is legally permissible are difficult to ascertain. Cyber crimes, be it sale if illegal articles, pornography, online gambling, e-mail spoofing, forgery, defamation, or hacking, the nature of these offences could be extremely subtle and difficult to prove. This is a new field of legal specialization and there are not enough books on cyber law, cyber crime, etc and no international benchmarks or models to rely on.
As a lawyer, you can take cyber law as a profession and specialize in cyber crime. For this you will need a degree or diploma in cyber law after graduating as a lawyer.
There are also courses in cyber law for students of any discipline who may want to pursue this field. This is useful for IT and e-commerce professionals, as also for bankers and chartered accountants, and others who would like an in-depth understanding of cyber laws as applicable in India. Such professionals have an edge while working as a cyber consultant in an IT firm, government departments, such as police departments or in banks.
After a course in cyber law you can work independently as consultant, or start off as an assistant to advocates in cases related to cyber crimes. As Internet based application in government departments, banks, tele marketing and online stock trading is growing, the responsibility and need of cyber lawyers is increasing steadily. There is also a huge scope for research and training students. Cyber law is a profession with great potential, as much work needs to be done to help nab cyber criminals, predict the patterns and motives of cyber crimes. Salaries are good and increasing.
So if you have a strong IT background and interested in a legal career, cyber law is the branch of law with a huge potential, for anyone who would like to be the Sherlock Holmes of the Internet.
-DR. NAVRAJ SINGH SANDHU, PAHS, www.navraj@gmail.com
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