LEGAL FRAMEWORK FOR REGULATIONS OF CYBER THREATS: A CRITICAL EXAMINATION OF NATIONAL AND INTERNATIONAL CYBER SECURITY LAWS
Sreejita Naskar,
Jogesh Chandra Choudhuri Law College
INTRODUCTION
Cyber security laws and legal issues
Cyber security laws and regulations play vital role in protecting everyone from the evolving threats of those cybercrime, data, breach, or the breach of data and the online vulnerabilities. With the passage of the time as the technology develops and the digital information becomes more connected with our daily life, the need for comprehensive cyber security measures have become high.
Legal Objectives of cyber security laws
The protection of data and information
To remain in the safe side, one can do various actions or can take various actions such as giving passwords or maybe encryption or securing the personal information. Various effective measures can be insured with the help of confidentiality or maybe the integrity or the availability of the sensitive information .
Prevent cyber crime and online crimes
Various prevention measures can be taken against the cybercrimes and the online crimes being happening in the country. The various techniques can be encryption, firewall, strong passwords and giving regular updates. When one person is feeling that there is any suspicious activity, then they must inform the cyber security cell.
Establish cyber security practices and consent – The cyber security practices and the proper consent must be taken before using a particular personal information of any individual. Those it introduced cyber security practises which involves securing protocols and the policies and also training the employees conducting risk assessments and etc.
Define liability and remedies for cyber security incidents
The liability of the cyber security incidents which happens with any individuals falls under the organisation which fails to protect the personal data of any individual.
Foster international cooperation and information sharing
Fostering the various international cooperation and information will lead to exchange and collaborate with the threat, intelligence, and best practises of the government, government and the organisation .
Cyber Security Law Categorises on various issues:
Data Protection and Privacy Laws
Data privacy or the data protection laws makes sure that the personal information are being gathered processed and stored properly in a safe zone. They ensure there is a transparency, security and individual rights, notable laws which includes GDPR, CCPA, HIPAA and PDPA .
Cybercrime and Hacking Laws
Cybercrime laws or the hacking of any personal information by any hacker is being punished by the hacking laws and the cybercrime laws by giving them the punishment of paying fines, imprisonment and restitution.
Intellectual Property Theft Laws
The Intellectual Property
theft laws protect creations like patents, copyrights, and trademarks. Laws prohibit unauthorized use or distribution of IP.Notable laws include DMCA, Copyright Act, and Trademark Act. Penalties include fines, imprisonment, and damages. Best practices include licensing, watermarking, and digital rights management.
Network Security and Integrity Laws
The network security laws safeguards the computer networking, and also the personal data of any individual . it also makes sure that the data which are being transferred, stored and access is in the safe zone and is not hanged by any other people or the hacker. laws regulating secure data transferring et cetera, include NIST, cyber security framework, GDPR, and CCPA.
Online Harassment and Defamation Laws
The online harassment which includes online threats, stalking and bullying through digitalisation in these modern world. However, the online harassment laws prohibits such activities being performed in the online by various individuals. It safeguards the victims of the online online harassment.Defamation is the making false statement against a person, Online statements which can damage a persons reputation in public. The defamation laws makes sure that the false statements or in the online falls or fake statements which are being made against any person in a fake way is being protected. Thus prohibited from doing such activities in the online. Notable laws include CDA, Communications Act, and state-specific laws. The penalties of doing such activities can be paying of the fines, damages and injunctions. Best practices include reporting abuse, blocking offenders, and seeking legal actions.
Cyber Securing various Laws and Regulations
General Data Protection Regulation (GDPR)
General data protection regulation is an European Union law which protects citizen personal data and makes sure that the transparency and control is there. Also, when required organisation takes consent from the people.
California Consumer Privacy Act (CCPA)
The California consumer privacy act which protects the resident of the California and their personal data are being protected. Consumers also have the right to access and the delete and opt out of data sale .
Cybersecurity and Infrastructure Security Agency (CISA)
The Cybersecurity and Infrastructure Security Agency (CISA) Act increases the information and sharing and the threat analysis and also the incident responses. Also, it trained cyber security for critical infrastructure, such as elections and energy systems.
Personal Data Protection Act (PDPA)
It protects data collection, use disclosure, and storage. Key principles includes consent, purpose, limit and the data collection by the design.
Information Technology Act (ITA) —The Information
Technology Act regulates our country's IT industry. This act, traces hacking privacy and also online intellectual property. The penalties of doing such wrongful acts includes paying of the fines and also imprisonment.
Emerging Trends and Challenges Artificial Intelligence (AI) Bias and fairness
AI systems can often cause biases about various facts. Data quality and scarcity: AI relies on the vast, high-quality data and scarcity. Explainability and transparency: At times the AI decisions are difficult to understand . Security and privacy: AI models to attacks are vulnerable at times. Ethical considerations: AI raises the various societal and modern concerns. Job displacement and skills gap: AI provides various jobs in various field as per the requirements and the criterias. There are some famous case laws which comes under cyber security laws: US v. Auernheimer (2014): In this case it was held for conviction for hacking and identity theft. US v. Nosal (2016): In this case it was held for Ex-employee convicted for hacking and data theft. Merrill v. Verizon Wireless (2017): In this case it was held for Customer data breach led to class-action lawsuit. Facebook, Inc. v. Power Ventures, Inc. (2019):In this case the court held for Facebook's data scraping and privacy claims. The cyber legal issues that arises in the modern world: Individual-Related Issues Identity Theft and Phishing Identity theft, which involves mostly the stealing of the personal information of an individual and teasing scams tricking, which reveals victims, sensitive data. Nowadays in online, the thieves uses emails or fake text or maybe the fake websites to deceive people and to steal their personal informations. The stolen info is used for doing fraud work. The prevention method can be used to where giving strong passwords to secure the information which are personal and to take proper legal actions if required or to verify sources. To prevent such act, it involves blocking the offenders or documentation of such incidents Taking help of the national cyber security. Defamation and Online Reputation Management Defamation is the false online statements which is being reputed or being sprayed about a person in the form of online platforms, which may harm the individuals, reputation or the organisations reputation. Libel: The defamatory statements which are made in the form of writing about the victim. Publicly is known as libel . Slander: The defamatory statements which are spoken about the victims publicly is known as slander . Privacy Invasion and Data Misuse Privacy Invasion: the unauthorised using or gathering or disclosing of any personal information of a person or using data for illegal purposes without the consent of that particular person or the organisation. The various Types are- Identity theft, data breaches, and online tracking. The various types of protections can be used by using and encryption or secure the websites and data protection laws can be used or taken in force. Cyberstalking and Online Threats cyber stalking is the repeated online monitoring of a person or the repeated online harassment to a person.Online threats is the coercion, or harm via digital platforms to a normal person through a social media platform or through online platforms. The various types this cyber stalking or online threat can be performed are Email, social media, messaging apps, and online platforms.
Legal actions can be taken as per the act done by the person is doing the cyber stalking or online threat upon the victims through the online platforms.
REFERENCES
https://www.kaspersky.com/resource-center/threats/what-is-cybercrime https://www.techtarget.com/searchsecurity/definition/cybercrime