CYBER SPACE

 What is cyberspace?

Cyberspace refers to the virtual computer world, and more specifically, an electronic medium that is used to facilitate online communication. Cyberspace typically involves a large computer network made up of many worldwide computer sub-networks that employ TCP/IP protocol to aid in communication and data exchange activities.

Cyberspace's core feature is an interactive and virtual environment for a broad range of participants.

In the common IT lexicon, any system that has a significant user base or even a well-designed interface can be thought to be “cyberspace.”

Why is hard to make law for cyber space?

Let us begin by first defining what cyber law is. Cyber law, also known as cyber-crime law, is legislation focused on the acceptable behavioral use of technology including computer hardware and software, the internet, and networks.

Cyber-crimes include fraud, forgery, money laundering, theft, and other illegal activities performed via computer hardware and software, the internet, and networks. Cyber law investigates crimes perpetrated in the physical world but enabled in cyberspace. For example, organized crime syndicates using the internet to distribute illegal substances may face prosecution under cyber laws.

People with malicious intend develop rapid and divergent ideologies. The cyber-criminals develop masquerading tricks to fulfill their intents moreover from different territorial boundaries even as the responsible bodies are still formulating cyber laws with solutions to combat cyber-crimes.

The imaginary nature of the cyber space makes it hard to trace the destination of criminals, time on which they schedule attacks and yet they hide their identity and attack or target different organizational or personal systems making it hard to draft an overall policy or law under which they can be easily held responsible of their deeds.

Why are cyber vulnerabilities unlikely to ever go away?

Cyber Vulnerabilities are unlikely to completely go away, because they're built into the Internet's very architecture. Criminals use them to steal billions of dollars, governments use them for surveillance, and hacktivists use them to further their political goals.

They are side effects of the freedom and ease of communicating online. The government won't allow people to fix them. Criminals need them to steal identities.

Let us first define what cyber security means. This refers to the body of technologies, processes, and practices designed to protect networks, devices, programs, and data from attack, damage, or unauthorized access.

In computer security, a vulnerability is a weakness which can be exploited by a threat actor, such as an attacker, to perform unauthorized actions within a computer system. To exploit a vulnerability, an attacker must have at least one applicable tool or technique that can connect to a system weakness.

TWO reasons why most developing countries must collaborate with developed countries.

Inability of developing countries to set up their own platform like internet as a way of zeroing down the scope to manageable levels due to the abnormal cost of setting up the satellites and national servers yet developed countries can use their surplus capital so that developing countries can rely on them.

Shortage of highly qualified technological work force to enhance national satellite platform and the heavy budget that it erodes to import such professionals. This is costly and encroaches on the already poverty-stricken countries further.

How emerging trends influence the cyber law-making process in your country.

Cyber law is likely to experience various emerging trends with the increased usage of digital technology.

The various emerging trends include

·       Challenges in Mobile Laws

·       Legal issues of Cyber Security

·       Cloud Computing & Law

·       Social Media & Legal Problems

·       Spam Laws

 

1.     Challenges in Mobile Laws

Today, there are lots of activities in the mobile ecosystem. The increasing competition has introduced new models of mobile phones, personal digital assistors (pda), tablets and other communication devices in the global market. The intensive use of mobile devices has widened the mobile ecosystem and the content generated is likely to pose new challenges for cyber legal jurisprudence across the world.

There are no dedicated laws dealing with the use of these new communication devices and mobile platforms in a number of jurisdictions across the world as the usage of mobile devices for input and output activities is increasing day by day. With the increasing mobile crimes, there is an increasing necessity to meet the legal challenges emerging with the use of mobile devices and ensure mobile protection and privacy.

2.     Legal Issues of Cyber Security

The other emerging cyber law trend is the need for enacting appropriate legal frameworks for preserving, promoting and enhancing cyber security. The cyber security incidents and the attacks on networks are increasing rampantly leading to breaches of cyber security which is likely to have serious impact on the nation.

However, the challenge before a lawmaker is not only to develop appropriate legal regimes enabling protection and preservation of cyber security, but also to instill a culture of cyber security amongst the net users. The renewed focus and emphasis is to set forth effective mandatory provisions which would help the protection, preservation and promotion of cyber security in use of computers, allied resources and communication devices.

3.     Cloud Computing and Law

With the growth in internet technology, the word is moving towards cloud computing. The cloud computing brings new challenges to the law makers. The distinct challenges may include data security, data privacy, jurisdiction and other legal issues. There pressure on the cyber legislators and stakeholders would be to provide appropriate legal framework that could benefit the industry and enable effective remedies in the event of cloud computing incidents.

4.     Social Media & Legal Problems

The social media is beginning to have social and legal impact in the recent times raising significant legal issues and challenges. A latest study indicates the social networking sites responsible for various problems. Since the law enforcement agencies, intelligence agencies target the social media sites; they are the preferred repository of all data. The inappropriate use of social media is giving rise to crimes like cyber harassment, cyber stalking, identity theft etc.

The privacy in social media is going to be undermined to a great extent despite the efforts by relevant stake holders. The challenge to the cyber legislators would be to effectively regulate the misuse of social media and provide remedies to the victims of social media crimes. Social Media Litigations are also likely to increase concerning the association with the output of social media. The litigations regarding defamation, matrimonial actions are popularly increasing and with the data, information resident on social media networking there is an emerging trend of various other litigations in the coming years.

5.     Spam Laws

There is considerable growth of spam in emails and mobiles. Many countries have already become hot spots for generating spam. As the number of internet and mobile users increase the spammers make use of innovative methods to target the digital users. It is therefore necessary to have effective legislative provisions to deal with the menace of spam.

 

Conclusion

If you are designing computer software, you actually are designing the core component that would create a Cyber World itself and all aspects of laws in Cyber World would be attracted to it. Therefore, a Technologist working on computers or allied devices or networks needs to be equipped with the fundamentals of the laws surrounding these devices or systems. Ignorance of law is no excuse in the eyes of law.