The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Contents hide
1 Introduction1.1 Current Scenario
1.2.1 i. Cyber Crime against Intangible Property:
1.2.2 ii. Cybercrimes Against an Individual :
Cybercrimes-The word Cyberspace first appeared in ‘William Gibson’s’ in his science fiction Necromancer published in 1984. Gibson portrayed cyberspace as a three-dimensional virtual landscape created by network computers. The New Oxford Dictionary of English defines ‘Cyberspace’ as the national environment in which communication over computer networks occurs. Cyberspace is a virtual medium with no boundaries, no geographical mass or gravity it exists in the form of bits and bytes. It’s a dynamic virtual space create by the networks of machine-clones. The contour of cyberspace is as vast as human imagination and thus cannot be given a fixed shape. Cyberspace represents a network of millions of computers creating specter of digital life.
The introduction of virtual world has brought tremendous changes to our living style. Computer assists a lot of people to get their work done effectively and efficiently. It’s become the need of the hour to use Computer and Internet simultaneously. Cybercrime all in all can be characterize as a crime or unlawful act through PC. During this current Situation amid COVID-19 the only way to connect with all your love ones is social media or virtually. Where you can talk, see, message or even make a group call to your all friends. As this Virtual world being the most important part of lie we also should aware about the laws related to that world.
All the laws related to the same covered in the Information Technology Act (2000). Now the accused has changed their way of doing offenses in the virtual world. For protecting yourself from cyber fraud or crimes you should make yourself aware of all the safety provisions related to the same. There are certain fundamental guidelines which should be follow by everyone who so ever is a part of this virtual world.
Preferably try not to download an unprotected or forge link, application from unprotected or unauthorized sites. Always be aware of the spam. Never share your credentials to any third person especially your OTP (One time password). Always make a strong password to protect your account. Never put the same password to your different accounts. Always keep your data free from any kind of virus because this will help the accused to make you a victim. All the important cyber crimes and important sections of the under IT (Information Technology Act 2000.
Any cybercrime can be commit in two possible ways – First where the computer is the main focus of a cyber attack and another in which the computer only used to commit a cybercrime against any individual or organization or institution. Cybercrime can be characterize into 2 kinds as follows:
• Transferring of Virus: A computer virus is acting like more or less as a weapon of the cybercriminals that affect files, drives and computer programming. The programmes that spread like virus and corrupt computer to computer are known as ‘worms’.
• Crime against IP: IP rights are Intangible in nature and it is the most common type of cyber theft.
• Cybersquatting.
• Spoofing: means a misrepresentation of the origin of any data. Criminals often use this method to get all the sensitive and personal information of the victim such as bank detail, ids etc.
• Online defamation: The internet and virtual media is currently an immense thing for people and society in general but it also have some disadvantages. Infringing a person reputation in society using a computer or the internet as a weapon is called online defamation.
• Online fraud: A specifically the most common type of cybercrimes in India.
• Circulations of any material that has child pornography.
Hacking: means an unknown getting unauthorize access to someone’s personal information store in a computer without the permission of either rightful owner of the computer.
• Cyber Stalking: Online harassment when an individual is stalk using the internet as a medium. Rather stalking them in reality, the stalker keeps a check on the individual online activity to stalk the victim.
1. Trying to tamper with computer resources- Section 65
2. Trying to hack into the data stored in the computer – Section 66
3. Provision of penalties for misappropriation of information stolen from a computer or any other electronic gadget – Section 66B
4. Provision of penalties for stealing someone’s identity-Section 66C
5. Provision of penalties for access to personal data of someone with the help of computer by concealing their identity- Section 66D
6. Provision of penalties for breach of privacy- Section 66E
7. Provision of penalties for cyber terrorism- Section 66F
8. Provisions related to the publication of offensive information-Section 67
9. Provision of penalties for publishing or circulating sex or pornographic information through electronic means- Section 67A
10. Publication or broadcast of such objectionable material from electronic means, in which children are show in obscene mode – Section 67B
The Government of India enacted its Information Technology Act, 2000 with the objective of expressing authoritatively as: “to give legitimate recognition for the transaction carried out by methods of electronic information trade and different methods for electronic communication, usually referred to as “electronic business”, which include the utilization of alternative to paper-based strategies for communication and storage of data, to encourage electronic recording of reports with the Government offices and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for issues connected therewith or incidental thereto, Cybercrimes.
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