Email "spamming" refers to sending email to thousands and thousands of users - similar to a chain letter. E-mails are used to send viruses, Trojans etc through emails as an attachment or by sending a link of website which on visiting downloads malicious code. E-mail "bombing" is characterized by abusers repeatedly sending an identical email message to a particular address. Three main ways to attack IRC are: Denial of Service attacks: Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users.
In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, Technical Aspects Technological advancements have created new possibilities for criminal activity, in particular the criminal misuse of information technologies such as a.
By hacking web server taking control on another persons website called as web hijacking b. Email spoofing Email spoofing refers to email that appears to have been originated from one source when it was actually sent from another source. Email Spamming Email "spamming" refers to sending email to thousands and thousands of users - similar to a chain letter. Email bombing E-mail "bombing" is characterized by abusers repeatedly sending an identical email message to a particular address.
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 actions to enforce copyright protections. Copyright infringement is an area of cyber law that defends the rights of individuals and companies to profit from their creative works.
Many people use the internet to speak their mind. When people use the internet to say things that are untrue, it can cross the line into defamation.
Defamation law is cyber law when people use the internet to make statements that violate civil laws. 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.
Cyber-Five
An important area of cyber law is freedom of speech. Even though cyber laws prohibit certain behaviors online, freedom of speech laws also allow people to speak their minds. Cyber lawyers must advise their clients on the limits of free speech including laws that prohibit obscenity. 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. Contracts protect individuals and corporations as they use technology and do business online. For example, non-compete clauses in employment contracts used to impact only a small, local geographic area. As more business move online, the way lawyers draft these agreements and the way that courts enforce them may change. Lawyers must work to represent the best interests of their clients in areas of law that may still be unsettled.
Another area of cyber law may be domain disputes. When parties disagree about who owns or who should own a website, cyber lawyers may step in. Civil litigation may involve seeking monetary damages or an injunction to prevent online behavior by another party. Cyber law topics and questions continue to grow and change. Lawmakers and business leaders continue to discuss and debate how individuals and corporations should be allowed to use the internet. For example, net neutrality is a subject of ongoing public debate. Cyber attorneys may advocate for their clients by approaching lawmakers to explain their position and ask for laws that work to their favor.
Other cyber lawyers may represent public interest groups.
Cyber rules
Cyber lawyers are part of the ongoing discussion about what the laws should be in this area of law. Cyber law often presents jurisdictional challenges. Jurisdiction is the question of what court has authority to hear the case. Where a person makes a statement in one jurisdiction and a person reads or hears it in another, it creates a question of where to bring litigation.
When crimes occur, it may be hard to even figure out where a defendant committed a crime. There may even be difficulties working between states or countries to bring litigation. Cyber lawyers must navigate all of these challenges to effectively pursue their case on behalf of the public or the client.
All states have statutes that prohibit fraud, harassment, stalking and other computer crimes. In addition, state common laws provide remedies for breach of contract, employment laws and defamation. Cyber lawyers practice in all types of practices and specializations.
They work at small, medium and large firms. They work in private practice, and they work for the federal government. Government attorneys may work as criminal lawyers, or they may work for an agency that develops and enforces civil laws.
What is Cyber law? | Becoming a Cyber Lawyer
Federal prosecutors may bring charges of federal cyber law violations. State attorneys general and local prosecutors also bring charges of violations of cyber law. In addition to criminal attorneys, government attorneys may work for agencies that enforce cyber laws and help the public use the internet in safe ways. Attorneys in the U.
Private attorneys also work for clients in all fields of cyber law.
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They defend clients facing state and federal criminal charges. If a client faces a dispute regarding a cyber contract or domain use, they may rely on their cyber attorney to negotiate the dispute or navigate related litigation. Because of the jurisdictional challenges involved in cyber law, attorneys who help their clients with cyber litigation may need to work carefully to build their case.
They need to know the Rules of Civil Procedure as well as the Rules of Evidence in order to effectively build their case with admissible evidence. Another important role for cyber attorneys in private practice is helping clients create best practices for conducting business and personal affairs.
For example, a cyber attorney that represents a hospital might help them implement practices to comply with privacy laws as well as protect personal information. Even a law firm needs cyber lawyers to help them keep client information confidential in compliance with federal, state and local laws.
Cyber law is a challenging and developing area of law. Cyber lawyers often work on cases that are extremely important for their clients. Nobody then could really visualize about the Internet. As such, the coming of the Internet led to the emergence of numerous tricky legal issues and glitches which required the enactment of Cyber laws. The existing laws of India, even with the most compassionate and liberal interpretation could not be interpreted in the light of the emergency cyberspace, to include all aspects relating to different activities in cyberspace.
In fact, the practical experience and the wisdom of judgement found that it shall not be without major threats and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyber laws. Hence, the need for enactment of relevant cyber laws. None of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email.
There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As such the need has arisen for Cyber law. Internet requires an enabling and supportive legal substructure in tune with the times.
This legal infrastructure can only be given by the enactment of the relevant Cyber laws as the traditional laws have failed to grant the same. E-commerce, the biggest future of Internet, can only be possible if necessary legal infrastructure compliments the same to enable its pulsating growth.
All these and other varied considerations created a conductive atmosphere for the need for enacting relevant cyber laws in India. If a crime is committed on a computer or computer network in India by a person resident outside India, then can the offence be tried by the Courts in India? According to Section 1 2 of Information Technology Act, , the Act extends to the whole of India and also applies to any offence or contravention committed outside India by any person.
Returning Users
Further Section 75 of the I. Act, also mentions about the applicability of the Act for any offence or contravention committed outside India.
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According to this section, the Act will apply to an offence contravention committed outside India by any person, if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India. A Police officer not below the rank of Deputy Superintendent of Police should only investigate any offence under this Act. Without a duly signed extradition treaty or a multilateral cooperation arrangement, trial of such offences and conviction is a difficult proposition. Section 79 deals with the immunity available to intermediaries.
The Information Technology Intermediaries guidelines Rules, governs the duties of the intermediaries. Intermediary will not be liable for any third party information, data or communication link hosted by him. It will apply only if: The intermediary will be held liable if he collaborated or assisted or aided or persuaded whether by intimidations or promise or otherwise in the commission of the unlawful act.
He will also be liable if upon receiving actual knowledge or on being notified that any information, data or communication link residing in or connected to a computer resource controlled by it is being used to commit an unlawful act and it fails to expeditiously remove or disable access to that material. The intermediary should observe the following due diligence while discharging his duties: To sum up, though a crime free society is perfect and exists only in illusion, it should be constant attempt of rules to keep the criminalities lowest.