Introduction
There are currently millions of internet users in the country, and the number is rapidly increasing with government initiatives to augment internet accessibility. It demonstrates the significance of the internet in our life as well as our presence in cyberspace. However, such a wide user-base also advances an ever-evolving sector of cybercrime. As technology reaches new milestones, new forms of abuse emerge. It is impossible for the law to precisely identify and recommend remedies for various sorts of offences. As a result, legal implementation lags far behind technological innovation.
Cyber laws are an attempt to translate the laws that apply in the physical world to the virtual realm. It incorporates all of the ways in which people engage and communicate using modern technology. The regulation of cyberspace is often complicated by frequent technological advancements. In this article we are going to understand the challenges in the field of cyber law.
Emerging Challenges in Cyber Law
- Challenges in mobile laws- Smart phones and tablets are increasingly popular these days. The near-universal accessibility of mobile devices has expanded the ecosystem, and the content produced is anticipated to provide new difficulties to cyber legal jurisprudence around the world. In a number of countries around the world, there are no dedicated regulations dealing with the use of these new communication devices and mobile platforms, despite the fact that the use of mobile devices for input and output activities is growing by the day. With the rise in criminal activities, it is becoming increasingly important to address the legal issues in association with the usage of mobile devices, as well as to secure mobile security and privacy.[1]
- Legal issues of cyber security- Another rising issue in cyber law is the necessity to adopt proper legal frameworks for preserving, promoting, and improving cyber security. In considering that ‘data is the new gold’, cyber security incidents and network attacks are on the rise, resulting in cyber security breaches and user data leaks. It is important to acknowledge that a legislator’s task is not only to create proper legal measures for the protection and preservation of cyber security, but also to build an awareness on cyber security among internet users. The emphasis is on establishing appropriate obligatory provisions that will aid in the protection, preservation, and promotion of cyber security when using computers, related resources, and communication devices.
- Cloud computing & Law- Cloud computing is the on-demand availability of computer system resources, especially data storage and computer power, without direct active management by the user. Cloud computing is becoming increasingly popular. At the same time, lawmakers face new issues as a result of cloud computing which include data security, data privacy, jurisdiction, and other legal considerations may be among the unique challenges. There is a pressure on cyber legislators and stakeholders to develop an acceptable and effective legal framework that protects the industry and allows for meaningful remedy in the event of cloud computing incidents.
- Social Media & Legal regulations- In recent years, social media has pervaded across all strata of society. Cyber harassment, cyber stalking, identity theft, and other crimes are common outcomes of irresponsible usage of social media. Despite the efforts of various stakeholders, the privacy of social media users remains at risk, especially sensitive personal data. The issue for cyber legislators would be to properly regulate social media misuse while also providing remedies for victims of social media crimes.[2]
- Spam Laws- Spam is on the rise in both emails and mobile phones. Many countries have already become spam-producing hotspots. Spammers are now using creative approaches to target digital consumers as the number of internet and mobile users grows. As a result, robust safeguards to combat this menace are required.[3]
- Legal validity of Electronic documents & digital signatures- The Indian Evidence Act lays down specific provisions for electronic evidence and digital signatures to be acceptable in a court of law. Despite such provisions, mishandling of evidence is a common phenomenon. This occurs in the majority of cases because police officers lack the requisite know-how to identify and handle electronic evidence. Furthermore, electronic evidence is frequently disputed in court due to its vulnerability to tampering.
- Jurisdictional Challenge- Cyber law frequently creates jurisdictional issues. The question of jurisdiction refers to which court has the authority to hear the matter. When a person makes a remark in one jurisdiction and reads or hears it in another, the question of where to file a lawsuit arises. In other words, determining cause of action can be problematic. At the same time, legal frameworks differ from country to country which makes effective cross-border investigation and punishment of cybercrime extremely difficult. The key distinctions are in the types of activity that are criminalised and how investigations are conducted. The latter has a significant impact on electronic evidence collecting and online criminal activity surveillance, both of which are key components of any cybercrime investigation.
- Obstacle to international cooperation- While inconsistencies in domestic frameworks pose problems for countries, the lack of a globally consistent legal framework poses substantial challenges for international cooperation in general. This is especially dangerous when large-scale cyber-attacks occur across different continents.[4]
Conclusion
As our reliance on the internet grows, so does the need for revised mesures. The nation’s law-making bodies will be wise to monitor the growth of cybercrime, and the laws should be designed to the extent of curbing such crimes to the greatest extent possible. As a result, it is the government’s and legislators’ responsibility to ensure that all aspects and challenges of cybercrime are addressed in cyber laws, allowing for the laws’ continued and active development.
[1] S. Sai Sashanth, Emerging Trends & Challenges in Cyber Law, IJACSCC, 51, 51-52 (2013).
[2] Ibid.
[3] Rebecca Furtado, An Overview on laws against spamming in India, IPLEADER (Sept. 11, 2021), https://blog.ipleaders.in/overview-laws-spamming-india/.
[4] Nyman Gibson Miralis, The 5 key challenges for law enforcement in fighting cybercrime, LEXOLOGY (Sept. 12, 2021), https://www.lexology.com/library/detail.aspx?g=12513d17-cff3-4d8f-b7dc-cd91826f05d4.
YLCC would like to thank Mili Kanoujiya for her valuable inputs in this article.
