Pic credit- YouTube
As technology is advancing rapidly their is need of its security too as we know every thing have its pros and cons. We can see similar in the use of internet as it helps us in making our day to day life easier some people makes its misuse too. So to safe our data from these activities need of law to protect it. As a result of these activities cyber law is evolved.
Cyber law is a part of legal system which includes cyberspace .internet , freedom of expression access and usage of internet , online transaction ,ATM fraud calls and online privacy .when any of these rights break by someone they directly go court for their rights and these activities comes under crime known as cyber crime.
Jurisprudence means ‘knowledge of law' i.e. elucidation of the general principles upon which actual rules of law are based. and . Cyber jurisprudence gives us to analysis of the law where there is no land and even there is no border, where all things may be different from the physical world, they may be virtual from origin and nature.[1]
Jurisprudence of cyber law.
The evolution of cyber law was 1st take place on Information and Technology act 2000(IT act 2000) which was enforced on 17th October 2000 [2]with an aim of giving legal posting to the e- commerce and internet activities which affected by fraudulent activity and loss of privacy. This act provides punishment of 10 yrs. imprisonment and fine upto 1 crore .later due to lack of statutes this act was amended as an Negotiable instruments ( Miscellaneous provision act) 2002 having change and introduction of concept electronic cheque and truncate cheques .
Cyber regulations appellate tribunal (procedure) rules 2000 It works to hear the appeal from lower tribunal and to appointment of adjudicating officers.[3]
As a growing world cyber law give new dimension to the law where the position of virtual property have some position in eye of law which not have before. Earlier their was only value of real property and the acts were for them like 'transfer of property act' and 'registration act' but as a evolution of virtual world it give position to 'intellectual property act’. In BRAGG’S case The origin of the conflict is through an online game “Second Life” run by Linden Lab. In this game the players can buy, sell, lease land and other assets through a currency created in the game called “Lindens”. Lindens can also be bought in exchange of physical currency such as US Dollars.
In the Game, there was an piece of land owned by Linden Lab which was vacant (in the context of the game). This piece was put up for auction by Mr Bragg in the game’s auction space which earned him lindens worth US $ 2000/-. In Bragg vs. linden court hold that ‘although the facts of the case are virtual but the dispute is real’.[4] Therefore arise of intellectual property act arrived.
On 9/01/2018 our national security advisor ajita doval say nations have to come together to fight from cyber crimes as it don’t have its boundaries and areas every nation should help each and everyone[5].
Case law relation to cyber crime:-
Shreya singhal Vs Union of India(2015)
Facts- Two girls were arrested by Mumbai police as they show their protest against an bandh on a social media (Facebook) comment section ,later they were released but they filled PIL in supreme court on the constitutional validity of sec 66-A of information and technology act 2000.
Issue-(1) Thus sec 66-A of IT ACT 2000 invalidate Art 19(a).
(2)Sec 66-A saved by Art 19 (b) of our Constitution.
Judgment- supreme court in its judgement struck down sec 66-A of IT ACT 2000 as it unconstitutional.[6]
[1] Cyber Jurisprudence
[2] https://shodhganga.inflibnet.ac.in ›
[3] https://shodhganga.inflibnet.ac.in › ...PDF
[4] https://www.assignmentpoint.com › ...
[5]The Hindu
[6] https://indiankanoon.org ›
Author -Jaishree Gautam Bacl (Nagpur)