Cyber Laws in different countries
There are 7 billion people in this world. Approx 65.6 percent% are internet users, that is 4.6 billion people on the internet. And the number just keeps increasing day by day.
Cyberlaw, also known as Internet Law or Cyber Law, is part of the overall legal system that is related to legal informatics and supervises the digital circulation of information, e-commerce, software, and information security. It is associated with legal informatics and electronic elements, including information systems, computers, software, and hardware. It covers many areas, such as access to and usage of the Internet, encompassing various subtopics, freedom of expression, and online privacy.
Cyber laws help to prevent people from cybercriminals on a small and large scale both with the help of protecting information access from unauthorized people, freedom of speech related to the use of the Internet, privacy, communications, email, websites, intellectual property, hardware, and software, such as data storage devices. As Internet traffic is increasing rapidly day by day, that has led to a higher percentage of legal issues worldwide. Because cyber laws are different according to the country and jurisdiction, restitution ranges from fines to imprisonment, and enforcement is challenging.
Cyberlaw in USA (United States of America)
The USA is known as a superpower but It has been the top affected country of the world in terms of internet-related crimes, According to Norton Cyber Security Insights Report. 143 million Americans were affected by cybercrime in 2017.
CFFA (Computer Fraud and Abuse Act) The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, as an amendment to the first federal computer fraud law, to address hacking. Over the years, it has been amended several times, most recently in 2008, to cover a broad range of conduct far beyond its original intent. The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization but fails to define what “without authorization” means. With harsh penalty schemes and malleable provisions, it has become a tool ripe for abuse and uses against nearly every aspect of computer activity.
Punishment under CFFA (Computer Fraud and Abuse Act) in the USA
If anyone obtained national security information so they will be punished under section (a)(1) for 10 years.
If anyone accessing a Computer and Obtaining Information illegally so they will be punished under section (a)(2) for 1 to 5 years.
If someone trespassing in a Government Computer so they will be punished under section (a)(3) for 5 years.
Try to trafficking in Passwords so they will be punished under section (a)(6) for 1 year.
if someone accessing a Computer to Defraud and Obtain Value so the person will be punished under section (a)(4) for 5 years.
if someone intentionally Damaging by Knowing Transmission so the person will be punished under section (a)(5)(A) for 1 to 10 years.
if someone recklessly Damaging by Intentional Access so the person will be punished (a)(5)(B) for 1 to 5 years.
if negligently Causing Damage and Loss by Intentional Access so the person will be punished under section (a)(5)© for 1 year.
Extortion Involving Computers under section (a)(7) for 5 years.
If someone Attempt and Conspiracy to Commit such an Offense under section (b) for 10 years
Cyberlaw in India
The Information Technology Act of 200 and its consequent amendments is the only legislative law governing cyber threats in India. While the law encompasses various crimes such as violation of privacy, identity theft, sending obscene material, child pornography, and cyber-terrorism. It lacks on various fronts such as cyberbullying, forgery, piracy, etc. From penalties of up to two lakh rupees and imprisonment for a privacy violation. To a fine of up to ten lakh rupees and up to five years in prison for creating and sharing child pornography. To lifelong imprisonment for cyber terrorism. The laws that India has in place are quite strict but there are still a lot of loopholes to cover.
Cyberlaw in China
Cybercrime in China is mainly provided in the section: “ Crimes of Disturbing Public Order” Article 285,286,287 are three major articles that can relate to cybercrime.
Criminal Law of the People’s Republic of China
(March 14, 1997)
Article 285. Whoever violates state regulations and intrudes into computer systems with information concerning state affairs, construction of defense facilities, and sophisticated science and technology is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention.
Article 286. Whoever violates states regulations and deletes, alters, adds, and interferes in computer information systems, causing abnormal operations of the systems and grave consequences, is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than five years of fixed-term imprisonment.
Whoever violates state regulations and deletes, alters, or adds the data or application programs installed in or processed and transmitted by the computer systems, and causes grave consequences, is to be punished according to the preceding paragraph.
Whoever deliberately creates and propagates computer viruses and other programs which sabotage the normal operation of the computer system and cause grave consequences is to be punished according to the first paragraph.
Article 287. Whoever uses a computer for financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets, or other crimes is to be convicted punished according to relevant regulations of this law.
Cyber laws in Spain
Spain is also a very strict rule related to cybercrimes
1. Any individual who, for the purpose of discovering the secrets or violating the privacy of another and without the consent of the latter takes possession of that individual’s papers, letters, electronic mail messages, or any other personal documents or belongings or intercepts his or her telecommunications or uses technical devices for listening,
transmitting, recording or reproducing sound or images or any other communications signal, will be punished by imprisonment from between one and four years and a fine of between twelve and twenty-four months
2. The same punishment will be applicable to any individual who, without authorization, seizes, uses, or modifies, to the detriment of a third party, such as private personal or family data of another individual as may be recorded on computer, electronic or telematic files or media, or in any other type of file or record, whether public or private. The same punishment will be imposed on any individual who, without authority, accesses such data by any means or alters or uses such data to the detriment of the owner of the data or of a third party.
3. Punishment consisting of imprisonment from between two and five years will be imposed if the data or facts discovered or the images captured, as indicated in the proceeding paragraphs, are divulged, revealed or transferred to third parties. Punishment consisting of imprisonment from between one and three years and a fine of between twelve and twenty-four months [sic] will be imposed on any individual who, with prior knowledge of the illicit origin of such facts or data but without having taken part in their discovery, commits the acts described in the preceding paragraph.
4. If the acts described in paragraphs 1 and 2 of this article are committed by the persons in charge of or responsibility for the computer, electronic or telematic files and media or files or records, punishment consisting of imprisonment from between three and five years will be imposed, and if such private data are disseminated, transferred or made public, the upper half of the punishment will be imposed.
5. In addition, when the acts described in the above sections involve personal data revealing the ideology, religion, beliefs, health, racial origin, or sexual orientation, or if the victim is a minor or incapacitated, the upper half of the punishments stipulated will be imposed.
6. If such acts are committed with intent to profit, the upper half [sic] of the punishments set forth respectively in paragraphs 1 through 4 of this article will be imposed. If in addition, they involve the data mentioned in paragraph
5, The punishment will consist of imprisonment from between four and seven years.
SECTION 1. ON FRAUD
1. Any individual will be guilty of fraud who, with intent to profit, uses sufficient deceit to cause another individual to err, inducing him or her to commit an act of disposition to the detriment of him or herself or a third party.
2. Also guilty of fraud will be any individual who, with intent to profit and using computer manipulation or any similar contrivance causes the unauthorized transfer of any personal asset to the detriment of a third party.
1. Punishment consisting of imprisonment from between one and three years and a fine of between twelve and twenty-four months [sic] will be imposed on any individual who causes the injury identified in the preceding article in any of the following circumstances:
1. The acts are committed for the purpose of preventing the free exercise of authority or in vengeance therefore, whether the crime is committed against public authorities or against private citizens who, whether acting as witnesses or in any other capacity, have contributed, or might in the future contribute, to the execution or application of the Law or General Provisions.
2. Infection or contagion of cattle is caused by any means.
3. Poisonous or corrosive substances are used.
4. Assets in the public or community domain or assets designated for public or
community use is involved.
5. The acts lead to the bankruptcy of the individual affected or place him or her in a grave economic situation.
6. The same punishment will be imposed on any individual who, in any way, destroys, modifies, misuses, or otherwise damages such electronic data, programs, or documents of others as may be contained in computer networks, media, or systems.
Any individual who makes use of any telecommunications terminal equipment without the consent of the owner thereof, causing damage to the latter in excess of fifty thousand pesetas, will be subject to punishment consisting of a fine of between three and twelve months.
Punishment consisting of imprisonment from between six months and two years or a fine of between six and twenty-four months [sic] will be imposed on any individual who, with intent to profit and to the detriment of a third party, reproduces, plagiarizes, distributes, or publicly communicates, either wholly or in part, a literary, artistic or scientific work or the transformation, interpretation or artistic execution thereof contained in any medium or communicated by any means, without the authorization of the holders of the corresponding intellectual property rights or successors thereof.
The same punishment will be imposed on any individual who intentionally imports, exports, or stores copies of such works or productions or executions without the authorization specified above.
The same punishment will be imposed in the event of the manufacture, circulation, and possession of any medium specifically designed to facilitate the unauthorized suppression and neutralization of any technical device used to protect computer programs.
SECTION 2. ON CRIMES INVOLVING INDUSTRIAL PROPERTY
1. Punishment consisting of imprisonment from between six months and two years and a fine of between six and twenty-four months [sic] will be imposed on any individual who, for industrial or commercial purposes, without the consent of the owner of a patent or utility model, and with prior knowledge of its registration, manufactures, imports, possesses, utilizes, offers, or introduces into the market items covered by such rights.
2. The same punishment will be imposed on any individual who, in the same fashion and for the above-indicated purposes, uses or offers the use of a procedure covered by the patent, or who possesses, offers introduce into the market or uses the product directly obtained by the patented procedure.
3. The same punishment will be imposed on any individual who commits any of the acts characterized in the first paragraph of this article, under identical circumstances, with regard to objects covered in favor of a third party by an industrial or artistic model or drawing or topography of a semiconductor product.
I think computer viruses should count as life. I think it says something about human nature that the only form of life we have created so far is purely destructive. We’ve created life in our own image. — — -Stephen Hawking
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