ABSTRACT

The author has explained the concept of cyber crime and cyber law with a general point of view. Also, the author discussed about the goals and scope of cyber laws. After that, the requirements of being a successful cyber lawyer are discussed. “The computer-generated world of internet is known as cyberspace and the laws prevailing in this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology”. In short, cyber law is the law governing computers and the internet. It is of great importance as it covers almost all aspects of transactions and activities on and concerning the Internet, such as the World Wide Web (WWW), Cyberspace etc. The use of the Internet is growing facing many ups and downs. There is hardly any aspect of our living and work in which we do not use the Internet. As we all know we all are locked in the 4 walls of our houses, due to the wide spread of COVID-19, we all use our mobiles, laptops for the whole day, hence we must take care while using the internet services. With the rise in the Internet usage, cyber-crimes are also increasing at an alarming rate. “To protect common citizens, organizations, and Governments from cybercrimes, we need a very large number of Cyber Lawyers. So, there is a bright future in this field”

KEYWORDS: CYBERLAW; CYBERCRIME; THREAT; DEGREE; CAREER

INTRODUCTION:

“Cyber related risks are a global threat of bloodless war. India can work towards giving world a shield from the threat of cyber welfare.”2

What is Cyber Law? If we talk in a relaxed or layman language, cyber law might be related to the online criminal investigations or “a criminal activity that either targets or uses a computer, a computer network or a networked device resulting in adverse effects or huge loss to unknowns and personnel lacking in awareness. “The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws” and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology”. In short, cyber law is the law governing computers and the internet. It is of great importance as it covers almost all aspects of transactions and activities on and concerning the Internet, such as the World Wide Web (WWW), Cyberspace etc.

Cyber Crime is nowhere defined anywhere in Information Technology Act 2000 or in the National Cyber Security Policy 2013 or in any other regulation in India. If we talk about the definition of any crime of any offence, “Crime and offence of any offence are enshrined under the provisions of Indian Penal Code, 18603, with the punishments also explained in the said act and quite a few other legislations too such as Code of Criminal Procedure (Cr.P.C., 1973)”. Hence, to define cyber-crime, we can say, it is just a combination of crime and computer. To put it in simple terms ‘any offence or crime in which a computer is used is a cyber-crime’. Isn’t it strange that even a petty offence like stealing or pick pocket can be brought within the broader purview of cybercrime if the basic data or aid to such an offence is a computer or information stored in a computer used (or misused) by the fraudster. The IT ACT 2000 Act defines a computer, computer network, data, information, and all other necessary ingredients that form part of a cybercrime4.

Grounds of cybercrime

The cyberspace has certainly become one of the most happening places today might be on increasing rate in upcoming years and it emerged as a demanding career field due to increasing cyber security issues, cyber activities and cybercrime.

Cyber-crimes in today’s scenario and upcoming inordinate length of time have a huge importance due to the increasing rate of crime through “Phishing scams (Phishing is a practice of a cybercriminal or hacker attempting to obtain sensitive or personal information from a computer user), identity Theft scams, Online Harassment, Cyber stalking, invasion of privacy, hacking of computers and passwords, digital marketing, whole industry or market is affecting. Large amount of industrialists, businessman, and entrepreneurs are now and then in a huge loss due to hacking experts in cybercrimes”.

Examples of the different types of cybercrime:-

“Email and internet fraud”

“Identity fraud (where personal information is stolen and used)” “Theft of financial or card payment data”

“Theft and sale of corporate data”

“Cyber extortion (demanding money to prevent a threatened attack)” “Ransom ware attacks (a type of cyber extortion)”

“Cyber espionage (where hackers access government or company data)”

Scope of Cyber laws

There is an immense scope of cyber law in India as due to the number of activities through internet is on increase with the changing times, the requirement for cyber laws and their application is gathering momentum, holds precise importance in forthcoming generation and hence the career option as a cyber-lawyer seems very wide and lucrative option for students.

This has emerged as one of the demanding career field in the modern times. Cyber law students and forthcoming generation are great in demand & paid worthy aggregate of remuneration.

Candidates holding degree in cyber law may be designated as:

“Cyber Lawyer” “Legal Advisor” “Cyber Assistant”

Now we got to know about the various posts under cyber law, let’s know about the requirements for being a successful cyber lawyer in India.

The skills required before becoming a successful cyber lawyer:

• “One should have the capability to enquire about a problem along with a deep understanding of the subject”

• “One should be a Good observer and ready to accept challenges”
• “One should be technically aware of the changes taking place in the IT sector”
• “One must be quick and concerned to look at the web as an information provider is the other two qualities”

As this branch of law is concerned, there are several job opportunities which are on the way for students who aspire to be a part of cyber law. “One can join as a cyber-consultant in an IT firm, police departments or in banks, or as research assistants in a law firm, or a technology firms, or as advisers to web developers, in the ministry of information & technology or in corporate houses and various law enforcement agencies”.

In today’s time, this law is one the newest & most successful career in law. There are many career opportunities in the field of Law.

“As a Cyber Lawyer or Cyber law Expert, there are lots of opportunities apart from the legal firms & court rooms”.

After completing the Cyber law programmes, you can also get offers from “police departments5, IT companies, corporate houses, public & private organizations, lecturer at Universities & many more”.

It reduces or prevents the damage from cyber-criminal activities related to the use of the [internet, email, computers, cell phones, World Wide Web (www), hardware & software by protecting privacy, information access, communications & intellectual property (IP)].

Career Options

Now a basic Question arises, that what are the suitable career options for an individual who has pursued a degree of Cyber Law in our India? A fresher with a degree in Cyber Law can either choose to make rules for how companies or individuals may use the internet or protect people from falling prey to cybercrime.

A bachelor’s degree in cybercrime often leads to careers that merge technology and law enforcement. One could work for a major corporation as an information security analyst or one might find employment doing similar tasks for a government agency

The best offers made to someone who has completed cyber-law programmes are by IT companies, universities, corporate giants, police departments, public organizations and so on. Few of the popular job profiles are “Cyber Lawyer, Cyber Assistant, Legal Advisor, In-house counsel, Cyber Law expert”.

Cyber-crimes are broadly classified in two different categories:

1. “Using a computer to target other computer – for instance Virus attacks, hacking, ”
2. “Using a computer to commit crimes – such as Credit card frauds, cyber terrorism, etc.” As cyber law is a new profession, there are several ups and downs unfortunately which an individual needs to face in his/her career:

• Updating the knowledge regularly via news & devices
• Be updated about various cyber laws being amended
• Lack of role-models
• Must know all the technicalities of all the cyber related systems
• Environment friendly nature without affecting the nature and environment

Conclusion

The use of the Internet is growing facing many ups and downs. There is hardly any aspect of our living and work in which we do not use the Internet. As we all know we all are locked in the 4 walls of our houses, due to the wide spread of COVID-19, we all use our mobiles, laptops for the whole day, hence we must take care while using the internet services. With the rise in the Internet usage, cyber-crimes are also increasing at an alarming rate. To protect common citizens, organizations, and Governments from cybercrimes, we need a very large number of Cyber Lawyers. So, there is a bright future in this field.

To conclude, though India is “a crime free society is perfect and exists only in illusion, it should be constant attempt of rules to keep the criminalities lowest”. We all live in a society which is dependent more and more on technology, crime based on electronic law-breaking are bound to increase and the law makers have to go the extra mile compared to the impostors, to keep them at bay. Technology can be used for both the purposes – positive and negative. Hence, “it should be the tedious efforts of rulers and law makers to ensure that technology grows in a healthy manner and is used for legal and ethical business growth and not for committing crimes”.

¹ Student at Chanderprabhu Jain College of Higher Studies and School of law ( Affiliate to GGSIPU)

² Honorable Prime Minister of India, Sh. Narendra Damodardass Modi

³ section 2 (definition clause); punishments associated in other sections

⁴ section 2 (clause e to o) of the said act

⁵ “police cyber cells”