The International Journal Of Engineering And Science (IJES) ||Volume||2 ||Issue|| 4 ||Pages|| 1925||2013|| ISSN(e): 2319 – 1813 ISSN(p): 2319 – 1805 www.theijes.com
The
IJES Page 19 Cyber Crimes and Cyber Laws in Nigeria 1,Maitanmi Olusola , 2,Ogunlere Samson, 3,Ayinde
Semiu 4,Adekunle Yinka 1,2,4,Computer Science Department, Babcock University, Ilisan Remo, Ogun
State, Nigeria 3,Basic Sciences Department, Babcock University, Ilisan Remo, Ogun State, Nigeria ---------------------------------------------------------Abstract-----------------------------------------------------Cyber crime is a kind of crime that happens in cyberspace, that is, happens in the world of computer and
the Internet. Cyber crime has become a global phenomenon; this kind of crime has the serious potential
for severe impact on our lives, society, and economy because our society is becoming an
information society where communication takes place in cyberspace. While there are several textbooks
talking about cyber crime, but only few literatures focus on the relevant laws to combat these
seemingly uncontrollable phenomenon. In other words, most materials talk about the crime of cyber
crime, but this paper will talk more about cyber law. The discourse will start from origins, types,
classifications, laws and propose recommendations to possibly reduce the growing problems in our
society. Keywords :Cyber crime, Cyber, Computer crime, cyber laws. -------------------------------------------------------------------------------------------------------------------------------------- Date Of Submission: 05 April 2013
Date Of Publication: 05,May.2013 -------------------------------------------------------------------------------------------------------------------------------------- I. INTRODUCTION The world has seen a remarkable transformation in
terms of the use of information communication technology (ICT) with the advent of Internet based
companies. Goods and services are routinely purchased and delivered electronically leading to
significant changes in industries like journalism, travel, and banking. Online payments cut across all
industries and are being used by a significant portion of U.S. households. For example, eBay reports that
literally millions of people make their entire living solely on the eBay platform [1].It is obvious that
the large portion of the population relies on the Internet, either directly or indirectly, for an ever
increasing set of services. Seemingly nothing can slow this trend, with the possible exception of
some catastrophic failure. It is unlikely that the Internet as a whole will experience such a
catastrophic technical failure, and in fact the author believes these borders on the impossible. What is
possible, and perhaps even likely should current trends continue? Is the perception by Internet users
that the Internet is unsafe and therefore unsuitable for everyday use even as we migrate towards cloud
computing? Should this perception become widespread? The author believed that cyber crime, and
other cyber issues are the one area that could cause this type of loss of faith in the safety of the Internet.
This paper begins with the premise that cyber crime is slowly getting worse, and that technical measures
alone, while necessary and helpful, cannot significantly move the trend line in a positive direction. There
is much data to support this position, and we do not think it is helpful to simply regurgitate that here.
We believe that action is needed mostly from the government and non-governmental officials to
counteract these negative trends, and the author present arguments in favour of a multifaceted
regulatory approach to dealing with the problems, as the only viable way to proceed in the long term [2]
While this is an issue of global importance and will require international cooperation, this paper takes a
fairly U.S. centric viewpoint in order to demonstrate the range of concrete steps that must be taken to
significantly mitigate the impact of cyber crime. It is believed that many of the ideas presented here can
be applied globally and that national solutions are not enough. International cooperation is essential for
the continued health and vitality of the Internet. In order to solve the perceived problems, the paper is
divided into the following sections including the introduction, reasons for the crime, , classification of
cyber crimes, types of cyber crime, Cyber laws in Nigeria recommendations and conclusion. II.
REASONS FOR CYBER CRIME A paper presented by [3] highlighted some of the reasons why we have
these crimes in Nigeria today. The followings are excerpts from the discussion; two main factors aided
this pattern: the free travel protocol which was granted by the Economic Community of West African
State (ECOWAS) treaty; as well as the increasingly developed information technology (IT) infrastructure
in the sub region.
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These two factors combined with the poor attitude initially shown towards this fraud because it
presumably preyed on foreign victims. These factors originally provided little incentive to do anything
about the scammers, whose boiler rooms were growing by the day in other ECOWAS nations that had
now become particularly attractive to the scammers such as Togo, Benin, Ghana, Burkina Faso,
Senegal, and Cote d’Ivoire among others. But the researcher thinks that the causes are more than the
above mentioned reasons by Ribadu, he believes there are other contributing factors such as greed, the
uncontrollable desire for massive wealth (get quick rich syndrome) and mass employment were
perceived as additional factors. It was discovered that the categories of people who practice
ators are youths and thousands
of them are unemployed but highly knowledgeable and skilful in the use of computer, they actually drive
locally as well
Nigerian have reinforced her security process they have migrated to mostly West African and other
nism of re-shippers
cyber crime laws in any of these African jurisdictions that they have chosen as their relay stations [3]
2.1Classification of cyber crime Cyber crimes against persons: Cyber crimes committed against
persons include various crimes like harassment of any one with the use of a computer such as e-mail
phishing. The trafficking, distribution, posting, and dissemination of obscene material including
pornography and indecent exposure, constitutes one of the most important Cyber crimes known today.
The potential harm of such a crime to humanity can hardly be amplified. This is one Cyber crime which
threatens to undermine the growth of the younger generation as also leave irreparable scars and
injury on the younger generation, if not controlled. Similarly, in Nigeria before the gruesome murder of
Cynthia Osokogu in July this 2012 as reported by an online news magazine [4] people have experienced
a similar fate a case study of Uzondu for instance, as reported by the magazine happens to be an
undergraduate student of a private Christian university in Ogun State allegedly contracted the dreaded
Human Immune Virus, HIV, from a man she thought was her future husband. The victim met the con
man on the popular social media, Facebook, and before she knew what was happening, she was taken
to a dream vacation where she was showered with expensive gifts such as ipad, the latest blackberry
phone amongst other things. In the course of these romantic trips, however, the young lady became
pregnant, but her man was nowhere to be found. Unfortunately, she has no information on who the
man was, no contact address or place of work. Worse still, she tested positive to HIV. 2.2 .Cyber crimes
against property: The second category of Cyber-crimes is that of Cyber crimes against all forms of
property. These crimes include computer vandalism (destruction of others' property), transmission of
harmful programmes such as virus or denial of the entire service. 2.3.Cyber crimes against government:
The third category of Cyber-crimes relate to Cyber crimes against Government. Cyber terrorism is one
distinct kind of crime in this category. The growth of Internet has shown that the medium of
Cyberspace is being used by individuals and groups to threaten the international governments as
also to terrorize the citizens of a country. This crime manifests itself into terrorism when an individual
cracks into a government or military maintained website. More points on this classification will be
unveiled under the types of cyber crime. 2.4 .Types of cyber crime Cyber Terrorism A cyber terrorist
can be described as someone who launches attack on government or organization in order to distort
and or access stored information stored on the computer and their networks. According to Wikipedia,
a cyber-terrorist is someone who intimidates a government or to advance his or her political or social
objectives by launching computer-based attack against computers, network, and the information stored
on them. For instance, a rumour on the Internet about terror acts. In addition, a research carried out by
[5] defined Cyber terrorism as an act of terrorism committed through the use of cyberspace or
computer resources.
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It means that any act intended to instil fear by accessing and distorting any useful information in
organizations or Government bodies using Computer and Internet is generally referred to as
Cyber Terrorism.Another form of cyber terrorism is cyber extortion is a form of cyber terrorism in which
a website,e-mail server, computer systems is put under attacks by hackers for denial of services,
demanding for ransom in return. Cyber extortionists are increasingly attacking corporate websites and
networks, crippling their ability to operate and demanding payments to restore their service. 2.5
Malware Malware refers to viruses, Trojans, worms and other software that gets onto your computer
without your knowledge. Back in the early part of the century, most such software’s primary aim was
thrill. The people writing the software found it amusing to write a program that exploited security
flaws just to see how far it could spread. Today the incentive for making such software is generally
more dangerous. In some cases a piece of malware will pretend to be a legitimate piece of software.
When such software is downloaded, it infects the computer system and destroys valuable
information. The Trojan horse is also a technique for creating an automated form of computer
abuse called the salami attack, which works on financial data. This technique causes small amounts of
assets to be removed from a larger pool. The solution to salami attack is to avoid all unsolicited mails
except is sure that the source is known or verified. We are recommended to avoid the use of trial
versions of antivirus because we not given full database certification required for taking total control of
virus, user are encouraged to go for proprietary software. 2.6 .Drug Trafficking Deals Drug trafficking
is another prominent cyber crime; it is a global trade involving cultivation, manufacturing,
distribution and sale of substances which are subject to drug prohibition law. Drug traffickers are
increasingly taking advantage of the Internet to sell their illegal substances through encrypted e-mail
and other Internet Technology. Some drug traffickers arrange deals at internet cafes, use courier Web
sites to track illegal packages of pills, and swap recipes for amphetamines in restricted-access chat
rooms. The rise in Internet drug trades could also be attributed to the lack of face-to-face
communication. These virtual exchanges allow more intimidated individuals to make comfortably
purchase of illegal drugs [6]. 2.7 Cyber Stalking Cyber stalking is essentially using the Internet to
repeatedly harass another person. This harassment could be sexual in nature as explained earlier, or it
could have other motivations including anger. People leave a lot of information about themselves online.
Such information can leave one vulnerable to cyber stalking; for instance, [7]analyzed the Facebook
profiles of more than 4000 students and found out that only a small percentage had changed the
default privacy settings. According to [8] who downloaded the Facebook profiles of a whole class of a
private American university and found out that only one third was set to private. This means that for all
those Facebook left on default settings all information can be view by all. Figure 1: Security awareness is
essential. Source: [9] This is just to complement what was explained above, once one is on the Internet,
extra security measures are needed to ensure that one’s information is not broadcasted outside his/her
public domain 2.8 Spam/Phishing Spam is the use of electronic messaging systems to send unsolicited
bulk messages indiscriminately. While the most widely recognized form of spam is e-mail spam, the
term is applied to similar abuses in other media: instant messaging spam, Usenet newsgroup spam, Web
search engine spam, spam in blogs, wiki spam, online classified adds spam, mobile phone messaging
spam, Internet forum spam, junk fax transmissions, social networking spam, television advertising and
file sharing network spam. Perpetrators of such evil use e-mail extractor to extract all user of a
particular domain and this is mostly common with yahoo mails. Some of these address harvesting
approaches rely on users not reading the fine print of agreements, resulting in them agreeing to send
messages indiscriminately to their contacts. This is a common approach in social networking spam such
as that generated by the social networking site [10].
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2.9 Fraud - Identity Theft Fraud is a criminal activity in which someone pretends to be somebody and
retrieve vital information about someone. For instance, making a false bank webpage to retrieve
information of account of someone, or calling and pretending to be who you are not with the aim of
cheating the caller. The concept is simple; someone gains access to your personal information and uses
it for his own benefit. This could range from a black-hat hacker stealing online banking account login
and password to getting access to automatic teller machine (ATM) and using such people can make
themselves a lot of money with personal information. In Nigeria, people design web links forms
requesting users to fill in their basic information including, unique details like pin numbers and use that
to commit crimes. 2.10. Logic Bombs A typical logic bomb tells the computer to execute a set of
instructions at a certain date and time or under certain specified conditions. The instructions may tell
the computer to display gotcha (an authentication method) on the screen, or it may tell the entire
system to start erasing itself. Logic bombs often work like viruses. Whereas a simple virus infects a
program and then replicates when the program starts to run, the logic bomb does not replicate, it
merely waits for some pre-specified event or time to do its damage. Time is not the only criterion used
to set off logic bombs. Some bombs do their damage after a particular program has run in a certain
number of times. 2.11. Password Sniffing Password sniffers are able to monitor all traffic on areas of a
network. Crackers have installed them on networks used by systems that they especially want to
penetrate, like telephone systems and network providers. Password sniffers are programs that simply
collect the first 128 or more bytes of each network connection on the network that's being monitored.
When a user types in a user name and a password as required when using certain common Internet
services like file transfer protocol (FTP) or Telnet the sniffer collects that information [11]. III. CYBER
LAWS IN NIGERIA The researcher quite disagree with the research carried out by [12] who taught that
Nigeria has no legislation against these crimes, this was actually what gave birth to this research work.
But further reading testifies that it is not actually true. In reference to the paper quoted earlier by
Ruanda where he mentioned as the chairman of Economic and Financial Crime Commission (EFCC) that
cyber crime and its vices are under the jurisdiction of EFCC. Also supported by [13] that Economic and
Financial Crimes Commission (EFCC) is the body empowered by government to fight all forms of financial
crimes including cyber crimes in Nigeria. They are working together with the cyber crime prevention
working group. Therefore, the above expression by Wada Odulaja would better be restructured as to
believe that it is not the state of absolute lawless but perhaps rarely mentioned and practiced by
EFCC[14] which is charged with the responsibility of investigating and prosecuting of all economic and
financial crimes. It is further believed that cyber laws need to be updated in Nigeria. It is a fact
that Nigeria has legislative laws such as the criminal code volume iv laws of Ogun State of Nigeria.
However, the criminal code seems to have been overlooked by [12] who claimed absolute lawlessness
for Internet related crimes. The federal and state government need to update the criminal code laws. It
must also be noted according to the [15] that the criminal code was enacted to sooth the West while the
penal code was for the North, and this would be revisited below. The National Assembly is the
legislative body which must as a matter of urgency modify/amend certain sections of the criminal
code to deal with cyber crimes. Cyber crimes are being perpetuated on daily basis leading to
serious crimes. This researcher is of the view that though the EFCC deals with Financial and Economic
crimes, it is the criminal code that has all powers to deal effectively with cyber crimes. 3.1.The Nigeria
Criminal Code Act 1990 The Criminal Code Act of 1990 criminalizes any type of stealing of funds in
whatever form, an offence punishable under the Act. Although cyber crime is not mentioned in the Act,
it is a type of stealing punishable under the criminal code. The most renowned provision of the Act is
Chapter 38, which deals with obtaining Property by false pretences cheating. The specific provisions
relating to cyber crime is section 419, while section 418 gave a definition of what constitutes an
offence under the Act. Section 418 states that any representation made by words, writing, or
conduct, of a matter of fact, either past or present, which representation is false in fact, and which
the person making it knows to be false or does not believe to be true, is a false pretence.
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Also, section 419 states that any person who by any false pretence, and with intent to defraud, obtains
from any other person anything capable of being stolen, or induces any other person to deliver to any
person anything capable of being stolen, is guilty of a felony, and is liable to imprisonment for three
years [15] 3.2The Economic and Financial Crime Commission Act, 2004 (Source: National Assembly of
Nigeria, 2004) The Economic and Financial Crime Commission Act [16] provide the legal framework for
the establishment of the Commission. Some of the major responsibilities of the Commission, according
money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment
and enforcement of all laws against economic and financial crimes laws and enforcement functions
of economic and financial crimes with a view to identifying individuals, corporate bodies, or groups
invol
extent, magnitude, and effects of economic and financial crimes and advising government on
ng charge of, supervising, controlling,
coordinating all the responsibilities, functions, and activities relating to the current investigation and
prosecution of all offences connected with or relating to economic and financial crimes, in consultation
responsibility of enforcing the provisions of th
Financial Institutions Act 1991, as amended; and Miscellaneous Offences Act [17]. 3.3Advance Fee
Fraud and Related Offences Act 2006 (Source: National Assembly of Nigeria, 2006) According to
Section 23 of the advance fee fraud Act ( Laws of the Federation of Nigeria, 2006): ‘False pretence
means a representation, whether deliberate or reckless, made by word, in writing or by conduct, of a
matter of fact or law, either past or present, which representation is false in fact or law, and which
the person making it knows to be false or does not believe to be true.’ Section 383 sub-section 1 of the
Nigerian Criminal Code states: A person who fraudulently takes anything capable of being stolen,
or fraudulently converts to his own use or to the use of any other person anything capable of being
stolen, is said to steal that thing[18] Economic crime is defined by the Act as “ the nonviolent
criminal and illicit activity committed with the objectives of earning wealth illegally, either
individually or in a group or organized manner thereby violating existing legislation governing the
economic activities of government and its administration to include any form of fraud, narcotic drug
trafficking, money laundering, embezzlement, bribery, looting, and any form of corrupt malpractices,
illegal arms deal, smuggling, human trafficking and child labour, oil bunkering and illegal mining, tax
evasion, foreign exchange malpractices including counterfeiting of currency, theft of intellectual
property and policy, open market abuse, dumping of toxic wastes and prohibited goods.” [18] is
currently the only law in Nigeria that deals with Internet crime issues, and it only covers the regulation
of Internet service providers and cybercafés, it does not deal with the broad spectrum of computer
misuse and cyber crimes[19] as cited by [12] 3.4. Laws are only part of the solution to Cyber crimes
Extending the rule of law into cyberspace is a critical step to create a trustworthy environment for
people and businesses. Because that extension remains a work in progress, organizations today must
first and foremost defend their own systems and information from attack, be it from outsiders or from
within. They may rely only secondarily on the deterrence that effective law enforcement can
provide. To provide this self-protection, organizations should focus on implementing cyber security
plans addressing people, process, and technology issues. Organizations need to commit the resources
to educate employees on security practices, develop thorough plans for the handling of sensitive
data, records and transactions, and incorporate robust security technology such as firewalls, anti-virus
software, intrusion detection tools, and authentication services-throughout the organizations' computer
systems. Besides all these, the followings are further recommendations for Nigerian government.
Reliance Reliance on terrestrial laws is an untested approach. Despite the progress being made in
many countries, most countries still rely on standard terrestrial law to prosecute cyber crimes.
The majority of countries are relying on archaic statutes that predate the birth of cyberspace and have
not yet been tested in court. 3.4.2 Weak penalties limit deterrence. The weak penalties in most
updated criminal statutes provide limited deterrence for crimes that can have large-scale economic and
social effects. 3.4.3 Self-protection remains the first line of defense. The general weakness of
statutes increases the importance of private sector efforts to develop and adopt strong and
efficient technical solutions and management practices for information security. 3.4.4 A global
patchwork of laws creates little certainty. Little consensus exists among countries regarding exactly
which crimes need to be legislated against. In a networked world, no island is an island. Unless crimes
are defined in a similar manner across jurisdictions, coordinated efforts by law enforcement officials to
combat cyber crime will be complicated. 3.4.5 A model approach is needed. Most countries,
particularly those in the developing world, are seeking a model to follow. These countries recognize the
importance of outlawing malicious Computer-related acts in a timely manner in order to promote a
secure environment for ecommerce. But few have the legal and technical resources necessary to
address the complexities of adapting terrestrial criminal statutes to cyberspace. A coordinated, publicprivate partnership to produce amodel approach can help eliminate the potential danger from the
inadvertent creation of cyber crime refuge. IV. RECOMMENDATIONS The weak state of global legal
protections against cyber crime suggests three kinds of action. 4.1. Firms should secure their
networked information. Laws to enforce property rights work only when property owners take
reasonable steps to protect their property in the first place. As one observer has noted, if homeowners
failed to buy locks for their front doors, should towns solve the problem by passing more laws or hiring
more police? Even where laws are adequate, firms dependent on the network must make their own
information and systems secure. And where enforceable laws are months or years away, as in most
countries, this responsibility is even more significant. 4.2 Governments should assure that their laws
apply to cyber crimes. National governments remain the dominant authority for regulating criminal
behaviour in most places in the world. One nation already has struggled from, and ultimately
improved, its legal authority after a confrontation with the unique challenges presented by cyber
crime. It is crucial that other nations can copy this lesson, and examine their current laws to discern
whether they are composed in a technologically neutral manner that would not exclude the prosecution
of cyber criminals. 4.3 Firms, governments, and civil society should work cooperatively to strengthen
legal frameworks for cyber security. To be prosecuted across a border, an act must be a crime in each
jurisdiction. Thus, while local legal traditions must be respected, nations must define cyber crimes in a
similar manner. An important effort to craft a model approach is underway in the Council of Europe
( www.coe.int), comprising 41 countries. The Council is crafting an international Convention on
Cyber crime. The Convention addresses illegal access, illegal interception, data interference, system
interference, computer-related forgery, computer-related fraud, and the aiding and abetting of these
crimes. It also addresses investigational matters related to jurisdiction, extradition, the interception of
communications, and the production and preservation of data. Finally, it promotes cooperation among
law enforcement officials across national borders. The following are additional information for both
funding for cyber crime law enforcement should be looked i
enforceme
. CONCLUSION
This paper examined the impact of the information communication technology (ICT) revolution on
business, industry, government and country’s image in the light of the unintended consequences
such as criminal activities, spamming, phishing, identity theft and other related cyber crimes. The
author assessed cyber crime and its impact the users of ICT and proffer possible solutions. The author
also unveiled what the laws of Federal Republic of Nigeria have to say about cyber crimes and its
consequences. The authors concluded that the criminal code laws should be modified to include
offences of cyber crimes. In the same vein, stiffer punishments to be included in those laws as well.
VI. ACKNOWLEDGEMENT We wish to acknowledge the efforts of Professor Omotosho, O. J for his
untiring effort to see us through this far and Barrister Sodipo, Olutoye for accepting to make his input
where necessary, may God bless you and your families. REFERENCES [1] D.,Halderand K., Jaishankar,
Cyber crime and the Victimization of Women: Laws, Rights, and Regulations. Hershey, PA, USA: IGI
Global. ISBN 978-1-60960-830-9. (2011) [2] M., Ngugi Legal week: Law on Cyber Crime Overdue,
available at www.crimeresearch.org(2005) [3] N., Rubadu Modern Law for Global Commerce, Congress
to celebrate the fortieth annual session of UNCITRAL Vienna, 9-12 July 2007 Cyber crime and
Commercial Fraud: A Nigerian Perspective. (2007) [4] S., Osokogu
Sourcehttp://news.naij.com/6049.html DEATH BY FACEBOOK: The Story Of The Late Cynthia Osokogu [5]
D., Parker Fighting Computer Crimes, U.S. Charles Scribner’s Sons. (1983) [6]
Http://www.wikipedia.com. [7] A,. Acquisti and R., Gross Predicting Social Security numbers from
public data.Proceedings of the National Academy of Sciences, 106: 10975‐10980 (2009). [8] K., Lewis,
J., Kaufman and N., Christakisin press. The taste for privacy: an analysis of college student privacy
settings in an online social network. Journal of Computer-Mediated Communication. (2005) [9] J.
Zhang, Q,.Wu and J. Chen.Research on design method of dynamic partial reconfigurable system.J.
Software Eng., 6: 21-30. (2012) [10] H., Saul Social network launches worldwide spam campaign New
York Times (2007) [11] C., Peter, P., Kenneth, M., Lucasz, P., Tom, and W. Michael, SPAMALOT: A
Toolkit for Consuming Spammers Resources. Proceedings of the 3rd Conference on E-mail and
Antispam, July, 2006. Available online at www.ceas.org. [12] G. O, Odulajaand F.Wada AssessingCyber
crime and its Impact on E-Banking In Nigeria Using Social Theories (2012) [13] O.BLonge, S.CChiemeke,
S. Fashola, F.Longe, and A. Omilabu, “Internet ServiceProviders and Cyber crime in Nigeria Balancing
Services and ICT Development(2007) [14] Criminal Code Act Chapter 77, Laws of the Federation of
Nigeria. (1990) [15] Nigerian Constitution available at
ww.ngex.com/nigeria/govt/constitution/default.htm(199) [16] Advance Fee Fraud and Other Fraud
Related Offences Act 2006, Laws of the Federation of Nigeria [17] EFCC available at
www.efccnigeria.org/efcc_homepage.../establishment_act_2004.pdf(2004) [18] Advanced free fraud
available at http://www.nigeria-
law.org/Advance%20Fee%20Fraud%20and%20other%20Fraud%20Related%20Offences%20Act%202006
.htm (2006) [19]
N. Ewelukwa, This Day Newspaper, Nigeria, March 31.2011
--------WHY CYBER LAW
Cyber law, also known as cybercrime law or internet law, is essential for several reasons:
1. **Regulation of Online Activities:** With the increasing reliance on the internet for various activities,
including commerce, communication, and social interaction, there's a need to establish legal
frameworks to govern and regulate these online activities.
2. **Protection of Rights:** Cyber law helps protect individuals' and organizations' rights in the digital
realm. This includes safeguarding intellectual property rights, privacy, and freedom of expression.
3. **Preventing Cybercrimes:** The digital world is susceptible to various forms of cybercrimes, such as
hacking, identity theft, online fraud, and cyberbullying. Cyber law aims to define these offenses and
provide mechanisms for their prevention and prosecution.
4. **International Jurisdiction:** The internet transcends national borders, making it necessary to
establish legal principles that govern cross-border disputes and cybercrimes. Cyber law helps determine
the jurisdiction and applicable laws in cases involving multiple countries.
5. **Economic and Business Interests:** Many businesses operate online, and e-commerce is a
significant part of the global economy. Cyber law ensures that there are legal structures in place to
facilitate and protect online business activities.
6. **National Security:** Cybersecurity threats can have severe implications for national security. Cyber
law is essential in enabling governments to protect their critical infrastructure and respond to
cyberattacks effectively.
7. **Ethical and Social Considerations:** The digital world raises ethical and social issues, such as the
responsible use of technology, freedom of speech, and the impact of online actions on society. Cyber
law addresses these concerns and helps strike a balance between individual freedoms and societal
interests.
8. **Technological Advancements:** Technology is constantly evolving, and new challenges emerge in
cyberspace. Cyber law adapts to these changes to ensure that legal principles remain relevant and
effective in the digital age.
In summary, cyber law is necessary to provide a legal framework that governs online activities, protects
individuals and organizations, and addresses the unique challenges and opportunities presented by the
digital world. It helps maintain order and accountability in the ever-expanding realm of cyberspace.
------WHAY TYPE OF CYBER CRIME COMMITTED TO WARRANT CYBER LAW?
Cybercrimes that warrant the attention of cyber laws can vary widely and include:
1. **Hacking and Unauthorized Access:** Gaining unauthorized access to computer systems or
networks, including breaking into personal or business accounts.
2. **Malware and Ransomware Attacks:** Creating, distributing, or using malicious software to infect
computer systems, steal data, or demand ransoms.
3. **Phishing and Identity Theft:** Deceptive practices to steal sensitive information, such as login
credentials, financial details, or personal data, often through fraudulent emails or websites.
4. **Online Fraud and Scams:** Engaging in fraudulent activities online, like online auction fraud,
advance-fee fraud, or pyramid schemes.
5. **Cyberbullying:** Using the internet to harass, threaten, or defame individuals, often through social
media or other online platforms.
6. **Intellectual Property Violations:** Copyright infringement, trademark violations, and the illegal
distribution of copyrighted content online.
7. **Data Breaches:** Unauthorized access to, disclosure, or theft of sensitive data, including personal
information or business data.
8. **Denial of Service (DoS) and Distributed Denial of Service (DDoS) Attacks:** Overloading websites or
networks with excessive traffic to disrupt services.
9. **Child Exploitation:** Producing, distributing, or accessing explicit content involving minors or
engaging in online grooming of minors.
10. **Cyber Espionage and State-Sponsored Hacking:** Nation-state actors engaging in cyberattacks for
political, economic, or intelligence purposes.
11. **Cyberterrorism:** Using cyber means to disrupt critical infrastructure, spread fear, or promote a
political or ideological agenda.
12. **Online Hate Crimes:** Promoting hate speech, inciting violence, or conducting online hate
campaigns targeting individuals or groups based on their characteristics or beliefs.
Cyber laws are designed to address these and other cybercrimes by defining them as illegal activities,
setting out penalties for offenders, and providing a legal framework for investigating and prosecuting
these offenses. The specific laws and regulations related to cybercrimes can vary from one jurisdiction
to another. It's essential to understand the relevant laws in your region to ensure compliance and
enforcement.
Types of Cyber Law
There are several types of cyber laws, each addressing specific aspects of digital activities and
cybersecurity. Here are some common categories of cyber laws:
Privacy Laws:
Privacy laws govern the collection, use, and protection of individuals’ personal information online.
Examples include the General Data Protection Regulation (GDPR) in Europe and the California Consumer
Privacy Act (CCPA) in the United States.
Cybercrime Laws:
Cybercrime laws focus on criminal activities conducted online, including hacking, identity theft, online
fraud, and cyberbullying.
These laws define offenses, penalties, and procedures for investigation and prosecution.
Data Breach Notification Laws:
Data breach notification laws mandate that organizations inform affected individuals and authorities
when a data breach occurs.
These laws aim to ensure transparency and help individuals take necessary actions to protect
themselves.
Intellectual Property Laws:
Intellectual property laws protect digital content, patents, trademarks, and copyrights in the digital
realm.
They address issues like copyright infringement and online piracy.
Cybersecurity Laws:
Cybersecurity laws require organizations to implement measures to protect their digital infrastructure
and sensitive data.
These laws often set standards and requirements for data security practices.
E-Commerce and Online Contracts:
Laws related to e-commerce and online contracts establish legal frameworks for online transactions,
electronic signatures, and consumer rights.
They provide a basis for resolving disputes in the digital marketplace.
Social Media and Online Content Regulations:
Regulations governing social media and online content address issues such as hate speech, defamation,
and harmful content.
They set guidelines for the removal or restriction of such content.
Computer Crime Laws:
Computer crime laws specifically target offenses involving computer systems and networks.
They encompass unauthorized access, malware distribution, and cyberattacks on critical infrastructure.
Cryptocurrency and Blockchain Regulations:
As digital currencies and blockchain technology gain prominence, regulations address issues like
cryptocurrency trading, initial coin offerings (ICOs), and blockchain-based contracts.
International Cybersecurity Agreements:
Some laws and agreements focus on international cooperation in combating cybercrimes and promoting
cybersecurity best practices.
Examples include the Budapest Convention on Cybercrime and bilateral cybersecurity agreements
between nations.
These are just a few examples of the types of cyber laws that exist to govern and regulate various
aspects of digital activities, protect individuals’ rights, and ensure cybersecurity in the digital age. The
specific laws and regulations can vary significantly from one jurisdiction to another.
---------Objectives of Cyber Law
Lawmakers have executed cyber law legal protections with the following objectives: The following
features of cyber law make the internet a much safer place to explore:
To be a safety net against online data predators.
To ensure justice for cybercrime victims
To prevent debit card or credit card fraud. Many people have switched to digital payment methods.
Cyberlaw tries to make sure that victims do not have to go through the additional agony of long
procedures.
To block transactions when there is any unusual activity such as the input of an incorrect password.
To ensure the safety of protected data. By knowing what cyber law is, one can easily adopt preventative
measures.
To ensure national security.
The various advantages of cyber law include the following:
Better protection of e-commerce sites ensures better revenue for the companies; this, in turn, ensures a
better economy for the country.
Grievances for online transactions will be heard by the court as a part of the remedial measures of cyber
law.
Recognition of e-documents and grievances on the same will be heard by the court.
Fixing security issues by the companies leads to better data protection standards.
Ensuring proper usage of data by the companies.
The above-mentioned are a few of the popular aspects of cyber law in India. This is not legal advice. If
you require cyber law remedies, contact a lawyer immediately.
THEORETICAL APPLICATIONS OF CYBER LAW
Theoretical applications of cyber law encompass various legal concepts and principles that can be
applied to address the evolving challenges and opportunities in the digital realm. Some theoretical
applications include:
1. **Privacy Protection**: Cyber law can theoretically ensure the protection of individuals' online
privacy, covering aspects like data collection, retention, and sharing by organizations and governments.
It can define rules for obtaining consent and safeguarding personal information.
2. **Data Security**: Cyber law can address the legal responsibilities of organizations and individuals in
safeguarding sensitive data, thereby preventing data breaches and unauthorized access.
3. **Intellectual Property Rights**: Theoretical applications of cyber law can protect digital content,
inventions, and innovations. It includes copyright, patent, and trademark protections in the digital
environment.
4. **E-Commerce and Consumer Rights**: Cyber law can regulate online transactions, ensuring that
consumers have legal rights and protections when buying goods or services online.
5. **Cybercrime Prevention and Prosecution**: Cyber law theoretically allows for the identification and
prosecution of cybercriminals. It sets legal definitions and penalties for various cybercrimes, from
hacking to identity theft.
6. **National Security**: In the context of national security, cyber law can establish legal frameworks
for governments to protect their critical infrastructure, combat cyberterrorism, and respond to
cyberattacks effectively.
7. **Digital Evidence and Forensics**: Cyber law can address the admissibility and handling of digital
evidence in legal proceedings, ensuring that the integrity and authenticity of electronic evidence are
maintained.
8. **Cyber Ethics and Online Conduct**: Theoretical cyber law can set standards for ethical behavior
online, addressing issues like cyberbullying, hate speech, and responsible use of technology.
9. **Cross-Border Jurisdiction**: In a global context, cyber law can theoretically determine jurisdiction
and applicable laws in cases with international aspects, helping resolve cross-border legal disputes.
10. **Government Surveillance and Accountability**: Cyber law can define the limits of government
surveillance in the digital domain, ensuring that such activities are lawful and subject to appropriate
oversight.
11. **Cybersecurity Standards**: Cyber law can theoretically establish legal requirements for
cybersecurity practices and standards to protect digital assets and critical infrastructure.
12. **Digital Currency and Blockchain**: As cryptocurrencies and blockchain technology evolve, cyber
law can address their legal status and regulate their use, particularly concerning financial transactions.
These theoretical applications of cyber law are essential for adapting the legal framework to the digital
age, ensuring that legal systems can effectively govern, protect, and regulate activities in cyberspace
while respecting individuals' rights and freedoms. The specifics of cyber law can vary from one
jurisdiction to another, reflecting the legal and cultural context of each region.
EMPIRICAL APPLICATIONS OF CYBER LAW
Empirical applications of cyber law involve the practical implementation and enforcement of legal
principles and regulations in the field of cybersecurity and digital activities. These applications address
real-world challenges and cases. Some empirical applications include:
1. **Cybercrime Investigations and Prosecutions**: Law enforcement agencies use cyber laws to
investigate and prosecute cybercriminals. This involves gathering digital evidence, identifying
perpetrators, and building cases for prosecution.
2. **Data Breach Reporting and Notification**: Cyber laws require organizations to report data
breaches and notify affected individuals. These laws dictate how organizations must respond when
sensitive data is compromised.
3. **Privacy Compliance**: Organizations must adhere to privacy laws by implementing data protection
policies, obtaining user consent, and ensuring the security of personal information. Compliance is
enforced through audits and penalties for violations.
4. **Intellectual Property Enforcement**: Digital piracy and copyright infringement cases are pursued
through cyber law. Copyright holders use these laws to protect their intellectual property from
unauthorized use or distribution.
5. **E-Commerce Regulation**: Cyber laws regulate online businesses and transactions. They govern
electronic contracts, consumer rights, and dispute resolution in the e-commerce sector.
6. **National Cybersecurity Strategies**: Governments create and implement cybersecurity strategies
based on cyber laws to protect critical infrastructure, prevent cyberattacks, and respond to incidents.
7. **Cross-Border Cooperation**: Empirical applications of cyber law include international cooperation
and agreements for addressing cybercrime that spans multiple jurisdictions.
8. **Digital Forensics**: Digital forensics experts apply cyber laws to collect, preserve, and analyze
electronic evidence in criminal investigations. This is crucial for building strong legal cases.
9. **Digital Rights Protection**: Organizations and individuals use cyber laws to protect their digital
rights, such as freedom of expression and privacy, and challenge actions that infringe upon these rights.
10. **Government Surveillance Oversight**: Legal frameworks oversee government surveillance
activities, ensuring that they are conducted within the bounds of the law and subject to appropriate
checks and balances.
11. **Regulation of Cryptocurrencies**: Empirical cyber law applications address the regulation of
cryptocurrencies and blockchain technology to prevent illegal activities, money laundering, and fraud.
12. **Cybersecurity Compliance**: Empirical cyber law includes regulations and standards for
organizations to follow in securing their digital assets and protecting against cyber threats.
These empirical applications of cyber law help maintain order and security in the digital world, protect
individual and collective rights, and enable legal remedies in cases of cybercrimes or violations. Cyber
laws are continually evolving to adapt to the changing landscape of technology and digital activities.
REFERENCES
https://intellipaat.com/blog/what-is-cyber-law/#types