Cyber security legal practice is in its infancy stage world over. There are many reasons for the slow espousal of cyber law and cyber security as a mainstream legal practice in various jurisdictions of the world.
I believe that there are many reasons that are forcing a slow growth of cyber security, digital forensics and other segments of cyber law. Stakeholders like business houses, lawyers, etc must play a more pro active role in this regard.
Businesses and information technology go hand in hand and businesses cannot afford to wait. Businesses need to evolve themselves. Same is equally true for the business attorneys / corporate law firms. A law firm advising its client on all legal aspects minus cyber law would not be protecting the commercial interest of its client completely, since for survival and success of every business today, proper understanding as well as implementation of IT is a must.
The proactive role of cyber law cannot be ignored. The principles of cyber law can equally be used by the lawyers to act proactively while developing new legal practices like cyber due diligence, IT audit, policy formulations etc. These are the requirements which must be followed by every business irrespective of level of immediate threat to them.
Last but not the least, the practice of looking at cyber law from individual’s perspective must end. Cyber security is not just about the precautionary measures of safe browsing or protecting / saving your children from the menace of online pornography or cyber bullying or identity theft. Even the government bodies and institutions need to take care of their cyber law and cyber security requirements. The impact of any cyber threat to them could even be more divesting than any other private player.
All these factors necessitate proper formulation of norms, guidelines and laws that can help in prevention of cyber crime and punishment of the same once they occur.
I would certainly like to add that the legal community has always been involved in the execution and implementation of the IT laws through courts or through the Adjudicating Authority formed under the IT Act, as amended and there has been a lot of IT violation cases. But, after the growing awareness among citizen, the legal actions against IT laws violations have increased but not to the extent that it should have, despite there being global awareness and this trend will continue until the citizen come forward to take legal actions against abuses.
ReplyDeleteVery good article. There is no dispute about the idea presented. According to me there are reasons why the cyber law has not got its speed. Basically many of the Advocates in India are computer illiterates, many of them doesn't have basic email id. All major law college products join corporate word and law firms. Law firms are successful only in cities. In semi urban area the traditional law practice is in force. Hence it has not received that importance, it is a good potential area to take up as practice area.
ReplyDeleteI would like to address the issue of non-profit by-laws which specifically state how contents of websites are to be handled should the founder become unable to perform his/her duty.
ReplyDeleteThus, the issue here is which should be followed: Internet domain laws, or non-profit by laws - which specifically state that no profits are to be made.
Any views?