Emerging Trends & Challenges in Cyber Law: S. Sai Sushanth

International Journal of Advances In Computer Science and Cloud Computing, ISSN: 2321-4058 Volume- 1, Issue- 1,May-2013
EMERGING TRENDS & CHALLENGES IN CYBER LAW

S. SAI SUSHANTH
Head Faculty, Cyber Laws Knowledge Centre

Email: sushanth.samudrala@gmail.com
Abstract— The growth in the field of Information and Communication Technology (ICT) indicates the numerous trends and
challenges in cyber law. On the basis of development of jurisprudence and emerging trends, it can be conjured that some broad
cyber law trends are likely to emerge.
Keywords—Cloud Computing & Law, Cyber Law, Cyber Security, Mobile Law
I. INTRODUCTION as the usage of mobile devices for input and output

activities is increasing day by day.
The technological development has given rise to a
cyber world constituting cyber space. Cyber space is With the increasing mobile crimes, there is an
witnessing considerable advancement with the rapid increasing necessity to meet the legal challenges
increase in the information technology. emerging with the use of mobile devices and ensure
mobile protection and privacy.
It is always hard to determine or predict something in
the future in an accurate manner. B. LEGAL ISSUES OF CYBER SECURITY
The other emerging cyber law trend is the need for
There is a possibility to consolidate the technological enacting appropriate legal frameworks for preserving,
advancements in the past. The internet users are promoting and enhancing cyber security.
increasing tremendously every year and at the same
time there is also rise in the number of people using The cyber security incidents and the attacks on
mobiles and smart phones. networks are increasing rampantly leading to breaches
of cyber security which is likely to have serious impact
II. EMERGING TRENDS & CHALLENGES on the nation.
IN CYBER LAW
However, the challenge before a lawmaker is not only
Cyber law is likely to experience various emerging to develop appropriate legal regimes enabling
trends with the increased usage of digital technology. protection and preservation of cyber security, but also
to instill a culture of cyber security amongst the net
The various emerging trends include users.
A. CHALLENGES IN MOBILE LAWS The renewed focus and emphasis is to set forth
B. LEGAL ISSUES OF CYBER SECURITY effective mandatory provisions which would help the
C. CLOUD COMPUTING & LAW protection, preservation and promotion of cyber
D. SOCIAL MEDIA & LEGAL PROBLEMS security in use of computers, allied resources and
E. SPAM LAWS communication devices.
A. CHALLENGES IN MOBILE LAWS C. CLOUD COMPUTING AND LAW

Today, there are lots of activities in the mobile With the growth in internet technology, the word is
ecosystem. The increasing competition has introduced moving towards cloud computing. The cloud
new models of mobile phones, personal digital computing brings new challenges to the law makers.
assistors (pda), tablets and other communication
devices in the global market. The distinct challenges may include data security, data
privacy, jurisdiction and other legal issues. There
The intensive use of mobile devices has widened the pressure on the cyber legislators and stakeholders
mobile ecosystem and the content generated is likely would be to provide appropriate legal framework that
to pose new challenges for cyber legal jurisprudence could benefit the industry and enable effective
across the world. remedies in the event of cloud computing incidents.
There are no dedicated laws dealing with the use of D. SOCIAL MEDIA & LEGAL PROBLEMS
these new communication devices and mobile
platforms in a number of jurisdictions across the world The social media is beginning to have social and legal
impact in the recent times raising significant legal
Emerging Trends & Challenges In Cyber Law
51
International Journal of Advances In Computer Science and Cloud Computing, ISSN: 2321-4058 Volume- 1, Issue- 1,May-2013
issues and challenges. A latest study indicates the ii. Napster, a very successful E-Venture was
social networking sites responsible for various hauled to the Court and beaten to death for
problems. Since the law enforcement agencies, having caused violation of Copyright of
intelligence agencies target the social media sites; they music companies. Despite willing customers
are the preferred repository of all data. and working technology, the business of the
Company had to be shelved under an
The inappropriate use of social media is giving rise to enormous loss to the promoters.
crimes like cyber harassments, cyber stalking, identity iii. There are many websites in India which could
theft etc. The privacy in social media is going to be be held to be infringing the Patent rights of
undermined to a great extent despite the efforts by somebody abroad and asked to shut down or
relevant stake holders. pay compensation putting an end to their
entrepreneurial dreams.
The challenge to the cyber legislators would be to
effectively regulate the misuse of social media and These are some of the trends in Cyber Law which are
provide remedies to the victims of social media based on the analysis of emerging cyber law
crimes. jurisprudence. With the growing pace of technology, it
may not possible to overrule any new trend in the
Social Media Litigations are also likely to increase technology which might have direct or indirect impact
concerning the association or nexus with the output of on Cyber Law.
social media.
There may be various interesting and important
The litigations regarding defamation, matrimonial challenging threats emerging in the jurisprudence of
actions are popularly increasing and with the data, cyber law.
information resident on social media networking there
is an emerging trend of various other litigations in the CONCLUSION
coming years.
If you are designing computer software, you actually
E. SPAM LAWS are designing the core component that would create a
Cyber World itself and all aspects of laws in Cyber
There is considerable growth of spam in emails and World would be attracted to it.
mobiles. Many countries have already become hot
spots for generating spam. As the number of internet Therefore, a Technologist working on computers or
and mobile users increase the spammers make use of allied devices or networks needs to be equipped with
innovative methods to target the digital users. It is the fundamentals of the laws surrounding these
therefore necessary to have effective legislative devices or systems. Ignorance of law is no excuse in
provisions to deal with the menace of spam. the eyes of law.
CASE STUDIES REFERENCES
i. Two managers of Chennai based Radiant [1] http://www.cyberlawindia.com/

Software a Computer Education Company [2] http://www.cyberlawdb.com/main/
were arrested for an alleged violation of the [3] http://www.cyberlaws.net
licensing terms of Software. The top
management team had to obtain anticipatory
bail to avoid arrests until a compromise was
worked out.
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International Journal of Advances In Computer Science and Cloud Computing, ISSN: 2321-4058 Volume- 1, Issue- 1,May-2013

EMERGING TRENDS & CHALLENGES IN CYBER LAW

Head Faculty, Cyber Laws Knowledge Centre

I. INTRODUCTION as the usage of mobile devices for input and output

A. CHALLENGES IN MOBILE LAWS C. CLOUD COMPUTING AND LAW

CASE STUDIES REFERENCES

i. Two managers of Chennai based Radiant [1] http://www.cyberlawindia.com/

Emerging Trends & Challenges In Cyber Law

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