CYBER SECURITY AND CYBER LAWS
With the increase in globalization and the engulfing technology in present times, with its immense techniques, new discoveries, the threat to networks, computers and programs have increased at a huge pace.
The unauthorized access and its virtual attacks, harms and the damages caused are the outcomes of hacked security.Inorder to protect the system from various malware and disruption several laws have been framed by Indian government so as to provide a better cyber security outlook to the users.
INTELLECTUAL PROPERTY RIGHTS(IPR)-
Intellectual property rights are the legal rights that cover the privileges given to individuals who are the owners and inventors of a work, and have created something with their intellectual creativity. Individuals related to areas such as literature, music, invention, etc., can be granted such rights, which can then be used in the business practices by them.
The creator/inventor gets exclusive rights against any misuse or use of work without his/her prior information. However, the rights are granted for a limited period of time to maintain equilibrium.
The following list of activities which are covered by the intellectual property rights are laid down by the World Intellectual Property Organization (WIPO) −
•Protection against unfair competition •Literary, artistic, and scientific works •Inventions in all fields of human endeavour
•Performances of performing artists, phonograms, and broadcasts •Trademarks, service marks, commercial names, and designations All other rights resulting from intellectual activity in the industrial, scientific, literary, or artistic fields.
What is copyright?
Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work. The scope and duration of protection provided under copyright law varies with the nature of the protected work.
The Copyright Act, 1957 (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India. The Act is applicable from 21 January 1958.
The Copyright Act 1957 provides three kinds of remedies – administrative remedies, civil remedies and criminal remedies. The administrative remedies provided under the statute include detention of the infringing goods by the customs authorities. The civil remedies are provided under Chapter XII of the Copyright Act 1957 and the remedies provided include injunctions, damages and account of profits. The criminal remedies are provided under Chapter XIII of the statute and the remedies provided against copyright infringement include imprisonment (up to 3 years) along with a fine (up to 200,000 Rupees).
I.T.ACT- A inside look-
The last four sections namely sections 91 to 94 in the I.T. Act 2000 deals with the amendments to the Indian Penal Code 1860, The Indian Evidence Act 1872, The Bankers’ Books Evidence Act 1891 and the Reserve Bank of India Act 1934 were deleted.
It commences with Preliminary aspect in Chapter 1, which deals with the short, title, extent, commencement and application of the Act in Section 1. Section 2 provides Definition.
Chapter 2 deals with the authentication of electronic records, digital signatures, electronic signatures, etc.
Chapter 11 deals with offences and penalties. A series of offences have been provided along with punishment in this part of The Act.
Thereafter the provisions about due diligence, role of intermediaries and some miscellaneous provisions are been stated.
The Act is embedded with two schedules. The First Schedule deals with Documents or Transactions to which the Act shall not apply. The Second Schedule deals with electronic signature or electronic authentication technique and procedure. The Third and Fourth Schedule are omitted.
I.T Act-A overview–
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.
Scheme of I.T act–
The I.T. Act has brought amendment in four statutes vide section 91-94. These changes have been provided in schedule 1-4.
• The first schedule contains the amendments in the Penal Code. It has widened the scope of the term “document” to bring within its electronic documents.
• The second schedule deals with amendments to the India Evidence Act. It pertains to the inclusion of electronic document in the definition of evidence.
• The third schedule amends the Banker’s Books Evidence Act. This amendment brings about change in the definition of “Banker’s-book”. It includes printouts of data stored in a floppy, disc, tape or any other form of electromagnetic data storage device. Similar change has been brought about in the expression “Certified-copy” to include such printouts within its purview.
• The fourth schedule amends the Reserve Bank of India Act. It pertains to the regulation of fund transfer through electronic means between the banks or between the banks and other financial institution.
Salient Features of I.T Act
The salient features of the I.T Act are as follows −
• Digital signature has been replaced with electronic signature to make it a more technology neutral act.
• It elaborates on offenses, penalties, and breaches.
• It outlines the Justice Dispensation Systems for cyber-crimes.
• It defines in a new section that cyber café is any facility from where the access to the internet is offered by any person in the ordinary course of business to the members of the public.
• It provides for the constitution of the Cyber Regulations Advisory Committee.
• It is based on The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Bankers’ Books Evidence Act, 1891, The Reserve Bank of India Act, 1934, etc.
• It adds a provision to Section 81, which states that the provisions of the Act shall have overriding effect. The provision states that nothing contained in the Act shall restrict any person from exercising any right conferred under the law.
Conclusion-Intellectual Property in Cyber Space
With every new introduction to threats arising in cyberhub,the virtual marketplace and its complexity is being challenged.Inorder to protect the originality and effective functioning of the management of e-commerce and cyber security, it is mandatory to follow the set rules and develop such a cyberspace which is free from any unauthorised act or malfunction. Every new invention in the field of technology experiences a variety of threats. Internet is one such threat, which has captured the physical marketplace and have converted it into a virtual marketplace.
To safeguard the business interest, it is vital to create an effective property management and protection mechanism keeping in mind the considerable amount of business and commerce taking place in the Cyber Space.