NEED FOR THE REGULATION OF

CYBERSPACE

Dr. Gagandeep Kaur, Assistant Professor (SS), School of Law,

UPES, Kandoli, Dehradun
CAN INTERNET BE REGULATED BY LAW
 Yes
 However, regulation is a challenge.
 Reasoning: Technology is evolving every minute
at international level, causing, legal world left
much behind.
 PHYSICAL LAW
 THE CONSUMER PROTECTION
LAW
 THE CORPORATE LAW
 THE CIVIL PROCEDURE CODE
 THE INDIAN PENAL CODE
 THE EVIDENCE LAW
 THE COMPANY LAW
 THE TRANFER OF PROPERTY
LAW
 THE RIGHT TO PRIVACY AND
DEFAMATION LAW
CYBER LAW
 THE INFORMATION
TECHNOLOGY ACT, 2000
 THE INFORMATION
TECHNOLOGY
(AMENDMENT) ACT, 2008
 AMENDMENTS IN OTHER
LEGISLATIONS
 Data Protection Bill 2020

APPLY EXISTING LAWS OR MAKE NEW LAWS

 NEED TO REGULATE CYBER SPACE

1. JURISDICTIONAL ISSUES

2. INAPLLICABILITY OF
CONVENTIONAL DEFINITIONS

3. EMERGENCE OF NEW CRIMES

NEED TO REGULATE CYBER SPACE

4. ISSUES WITH GATHERING

EVIDENCE

5. ANONYMITY OF NETIZENS

6. MONITORING OF CRIME
NEED TO REGULATE CYBER SPACE
7. EVIDENTIARY VALUE OF
ELECTRONIC INFORMATION

8. PRIVACY AND DATA

PROTECTION

9. INTELLECTUAL PROPETY RIGHTS

INFRINGEMENT

10. CONSUMER PROTECTION IN E-

COMMERCE
NEED TO REGULATE CYBER SPACE

11. E-BANKING FRAUDS

12. TAXATION IN E-COMMERCE

13. ONLINE DISPUTE

RESOLUTION SYSTEM
EXPLANATION WITH EXAMPLES
  1. Dark Net
 2. Internet has no
boundaries
 3. Trans-border Offences

1. JURISDICTION ISSUES
2. INAPPLICABILITY OF CONVENTIONAL DEFINITIONS

 Definition of Trespass in IPC

 Definition of Forgery with Technology
 E-Consumers
 Procedure in CPC and CrPC is very slow.
3. EMERGENCE OF NEW CRIMES

3.1 Ransomware Attack:

 Ransomware is malicious software that prevents

or restricts a user from accessing a computer

system by freezing the computer’s screen or
encrypting the computer files unless a ransom is
paid.
Nowadays, email is a common
form of communication channel
for liaising with relatives and
friends as well as commercial
partners.  Culprits would hack
email accounts and cheat victims
by all possible means to make
remittances.  Some victims have
suffered significant amount of
losses in some cases.

3.2 E-MAIL SCAM

As technology is advancing rapidly,
computer and information technology have
brought convenience to the community by
allowing people from all walks of life and
different age groups to obtain information
from the Internet and have closer liaison
with friends and relatives. 
While the use of the Internet by young
people and children is increasingly
common, they will have contact with the
people they know by emails, social
networking websites and messaging
software as well as making friends online
by these means.

3.3 ONLINE SOCIAL NETWORKING TRAP

Internet Banking Fraud is a
fraud or theft committed
using online technology to
illegally remove money from
a bank account and/or
transfer money to an account
in a different bank. E.g.
1. Phishing.
2. Identity theft.
3. Card skimming.
4. Job and employment
scams.
5. Phishing over the phone.
6. Phishing by SMS.
7. Pharming

3.5 E-BANKING CRIMES

1. Lack of Expertise
2. Need to handle with care
3. Easy to Disappear
4. CCTV Footage
5. Voice Recording
6. Pics, MMS, Videos easy to alter and
misrepresent.

4. ISSUES WITH GATHERING EVIDENCE

5. ANONYMITY OF NETIZENS
6. MONITORING OF CRIME
7. INTELLECTUAL PROPERTY RIGHTS
DOMAIN NAME VIOLATIONS
8. PRIVACY
INVISIBLE EYES
9. BREACH OF DATA
MEANING OF DATA BREACH
  Data breach is a security incident in which
information is accessed without authorization.
Data breaches can hurt businesses and consumers
in a variety of ways. They are a costly expense
that can damage lives and reputations and take
time to repair.
THANKS