JURJ

Legal Regimes Governing Cyberspace: Vitality To Public Interest

Author: Nityash Solanki, Prof. Shyam Pal Singh Shekhawat

Abstract:

In the age of digitalization, computers have made an appearance as the most reliable global communication system for data transmission. Our dependence on the Internet has grown exponentially. The Internet has its own cultural dimensions which are different from a traditional sense of system of human values. To expand the traditional character of legal norms it is suggested that conscious act must be taken for securing panoply of rights in cyber space. A concealed component that gets downloaded without the knowledge of the users on the Internet has created criminal liability. The objective behind introducing provisions identifying liability was to initiate penal proceedings against computer crimes such as video voyeurism, phishing, publishing sexually explicit materials, identity theft, and other e-commerce fraud to prevent nauseous use of technology. A comprehensive understanding of the contested provision suggested that innocent people could be whimsically entangled by authorities without any justification. The validity of IT Act’s provision revealed that an attempt was made on the prohibition on citizenry of India. The baneful effects of activities on the internet are dangerous as it poses a legal threat to the users, who are doing it unintentionally. It is well-known and established that the supremacy of the Constitutional provisions over laws regarding the real as well as virtual world would prevail under any circumstances. As a result, the laws operating in the virtual world needs to satisfy the principles of ‘rule of law’ reiterated under the Constitution of India.