CISSP Fix

What is Cyber Law ?
Cyber law is a very wide term which wraps up the legal issue related to use of communicative, transactional and distributive aspect of networked information device and technologies. It is commonly known as INTERNET LAW. These Laws are important to apply as Internet does not tend to make any geographical and jurisdictional boundaries clear; this is the reason why Cyber law is not very efficient. A single transaction may involve the laws of at least three jurisdictions: 1) the laws of the state/nation in which the user resides, 2) the laws of the state/nation that apply where the server hosting the transaction is located, and 3) the laws of the state/nation which apply to the person or business with whom the transaction takes place.

Where lies the Problem.
Real individuals connect to the Internet and interact with others, it is possible for them to withhold personal information and make their real identities anonymous. Real individuals connect to the Internet and interact with others, it is possible for them to withhold personal information and make their real identities anonymous. If there are laws that could govern the Internet, then it appears that such laws would be fundamentally different from laws that geographic nations use today.

What is Cyber crime?
It is a unlawful acts in which Computer is either a tool or a target or both to harm an individual, organization or any free body. It involves theft, fraud, forgery etc. done using Internet.
Cyber Crime falls in following two categories :
1. The Computer as a target :-using a computer to attack other computers.
2. The computer as a weapon:- using a computer to commit real world crime.

Reason of existence of Cyber Law.
Cyber laws came into existence in early 90’s. They are formulated to prevent the growing chaos and crime in cyber space. As the users of Internet enjoys freedom from the geographical borders in turn do not fall in any jurisdictions and legal limits, it is very difficult to trap them and bring to the legal code. As with each passing day, new horizons of cyberspace are being discovered and explored, there is all the more need for legal mechanisms governing cyberspace. But the Cyber law as on date is in a stage of its infancy. It is being constantly evolved. It become very necessary for the Internet to govern itself, instead of obeying the laws of a particular country, Internet citizens will obey the laws of electronic entities like service providers.Internet citizens will be known by their usernames or email addresses. Since the Internet defies geographical boundaries, national laws will no longer apply. Instead, an entirely new set of laws will be created to address concerns like intellectual property and individual rights. In effect, the Internet will exist as its own sovereign nation.

What World is doing for Cyber Crimes.
Many countries have different Internet Regulations, implemented to prevent the Cyber Crimes. There is some United States law that does restrict access to materials on the internet; it does not truly filter the internet. Many Asian and Middle Eastern nations use any number of combinations of code-based regulation to block material that their governments have deemed inappropriate for their citizens to view. Scandals with major corporations led to US legislation rethinking corporate governance regulations such as the Sarbanes-Oxley Act.
Below are some Cyber-Laws formulated by various countries to prevent Cyber Crimes.:-
1. Australia:
a) The Cyber crime Act of 2001
Under Division 477-
This law introduces serious offences like, Unauthorized access, modification, or impairment
of data and electronic communication.
Under Division 478-
Unauthorized access or modification of restricted data ,unauthorized impairment of data in computer hard disk.
b) The Telecommunications (Fraud) Act 1997
This is an amendment included in the Telecommunication act 1984,to prevent the fraud in electronic communication devices and in connection with use of a telecommunication system.
c) The Privacy Amendment (Private Sector) Act 2000
This act contains 11 Information Privacy Principles (IPPs) that apply to
government agencies. It has a further 10 National Privacy Principles.
(NPPs) that apply to parts of the private sector and all health service providers.
d) The Electronic Transactions Act 1999 (ETA)
This law works for the successful fulfillment of businesses in electronic form,
This is done by Giving information in writing, Providing a signature, Producing a document in material form etc.

2. United States of America (USA) :
a) Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act
(PROTECT Act)
b) The Homeland Security Act of 2002 (Amendments)
c) Cyber Security Enhancement Act of 2002
d) The USA Patriot Act of 2001

3. United Kingdom (UK)
a) The Police and Justice Act of 2006
Unauthorized access to computer material, Unauthorized acts with intent to impair operation of computer, to prevent or hinder access to any program or data held in any computer;to impair the operation of any such program or the reliability of any such data etc.
Person guilty of an offense under this section is liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.
b) The Computer Misuse Act 1990 :
A person is guilty of an offense if he/she performs function to access any secured program or data.Unauthorized entry to any secure system.

4. India :
The Information Technology Act, 2000
Hacking with a computer system, ie intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource. Person guilty of such an offense shall be punished with imprisonment up to 3 years, or with a fine which may extend up to two lakh rupees, or with both.

Are we Secure ?
This question can be quoted as the “Millennium Question” ,Twenty fist centuary stands vulnerable in the constant attack of electronic dacoits and hackers. Thousands of Crimes being committed worldwide on Internet. countries like USA, Australia, etc formulating varieties of law everyday to limit these Cyber Crimes. People connected to electronic empire live under a constant fear of being robbed by cyber criminals.