In our modern world, technology has completely transformed how we live. Gone are the days of relying solely on paper for communication; now, we have e-communication. Traditional commerce has shifted to e-commerce, and governance has evolved into e-governance. This digital shift has introduced us to new terms like the cyber world, e-transactions, e-banking, e-returns, and online contracts.

It, however, has its dark side. Unfortunately, these computers, internet, and information and communication technologies can be misused by the criminals to convert them as tools for committing wrongs. To overcome this hurdle in electronic commerce, cyber crimes, a new wing of law has emerged in the entire world: Cyber Law, which is sometimes referred to as Cyber Space Law or Information Technology Law.

What Constitutes Cyber Law?

Understanding the components of cyber law is not a piece of cake because this is a very contentious issue. While there has been an emphasis on the roll out of the new ICTs, we have stumbled upon many new concepts, and these include e-commerce, e-governance, e-contracts, e-transactions, cyber crimes, and intellectual property rights in the digital realms. Due to this reason, laws governing computers, the internet, and the new ideas fall in the category of cyber law.

Telecommunications are also an essential component of ICTs and affect cyberspace; hence, rules regarding telecommunications have been incorporated in this framework. Among the two principal enactments aimed at these developing ideas are Model Law on E-commerce (1996) and Model Law on Electronic Signatures (2001).

In terms of the virtual transactions moving from the physical to the digital space, these need to be equally valid and all the parties concerned need protection in terms of rights.

Below are some critical elements of cyber law that have been covered.

Cyber Jurisdiction: In regard to e-contracts, jurisdiction comes into importance in the determination of laws where the parties have disagreements.

Privacy in Cyberspace: This refers to how personal information is electronically collected and kept for a number of purposes without the knowledge of the individual. It is easier to gather and use personal information online than it is in the real world.

Intellectual Property in Cyberspace Traditional modes of protection for intellectual property that include patents, trademarks, and copyrights are still relevant but acquire new dimensions in the cyber world. For instance, it is essential to understand the ways domain name protection and trademark rights operate in conjunction with the application of copyright to computer programs.

Key issues addressed include:

• Introduction of a Public Key Infrastructure for secure transactions and identification.

• Balancing national security concerns with human rights, particularly the right to privacy.

• Determining which jurisdiction’s laws apply in disputes arising from online agreements or services.

• The growing need for international cooperation and extradition arrangements to address cross-border infringements resulting from ICTs.

• The importance of electronic evidence (e-evidence).

• Challenges related to taxation, trademarks, copyright, and other digital rights in the context of ICT applications.

Cyber law, therefore, is the comprehensive, evolving complex body of law aimed at steering us through the difficulties and opportunities created by our ever-increasing digital lives.