Cyber Law Research Articles

Law in orbit: International legal perspectives on cyberattacks targeting space systems

Space sector systems enable numerous critical functions and are often integrated into existing telecommunications infrastructure to enhance network connectivity coverage and capacity. Amid escalating cyber threats, this paper examines the application of international law to cyber operations targeting space infrastructure, addressing a critical gap in discourse. While declarations by global entities affirm the applicability of international law to cyberattacks, the complexities of cyberspace, compounded by the unique aspects of space infrastructure, pose challenges in implementation. Recognizing the absence of global cyber law and a lack of customary international law regarding cyber operations on space infrastructure, this study provides one of the first legal examinations via case analysis of cyberattacks on space infrastructures, both terrestrial and orbital, through the lens of international humanitarian law, the law of armed conflict, and outer space law. This paper adopts a comprehensive approach, considering perspectives from differing national stances as we review three main principles of international law: the general principle of sovereignty, the prohibition of intervention, and the prohibition of the use of force. Based on our analysis of three hypothetical but realistic cyber operation scenarios, international law can apply to cyberattacks on space infrastructure, and violations can occur if all conditions of a given law are met and attribution can be made to a state actor. Yet, applying these laws in a cyber context has proven to cause some complexities and disagreements, and it would be a mistake to ignore the reality that there is still significant ambiguity and varying interpretations, which could impede the unequivocal enforcement and application of these laws in such scenarios.

Digitalization: Legal Concepts and Constructions, Narratives and Terms and their Features (certain remarks as per General Legal Theory and International Law aspects)

The article deals with both topical and not always clearly visible legal problems caused by modern processes that occur in the material world and its comprehension, as a result of the so-called “IV Industrial Revolution” and the fifth and sixth “technological orders” (which are mostly enclosed within the framework of technical/technological transformations in the economy, industry, agriculture, science and society in whole, and their outcome — digitalization, robotization, “artificial intelligence”, platforms and “platform law”, digital technologies, “network law” / cyber law, “electronic identity”, etc.). In the course of the research, the author’s gaze focuses on sometimes oppositely charged, with a multidirectional force of effect and various facets available in the very essence or the consequences of the phenomena under consideration, including the wide and rapid proliferation of the concepts and the theories of “accelerated speed of changes in the material world”, “the laws of disruption” and the impact thereof on the law.

Cyber Law and Cyber Security Policies in Pakistan: A Comparative Study with USA, Canada and Australia

This study evaluates cyber-law and security policies in Pakistan, the USA, Canada, and Australia, exploring how each country's geopolitical and socioeconomic context influences its cyber-defense and lawful measures against cyber threats. It compares their policies to find out best practices and gaps, aiming to guide the creation of stronger, more adaptable cyber-policies. The research emphasizes the importance of comprehensive legal frameworks to protect against emerging cyber threats and the vital role of international collaboration in enhancing global cyber resilience.

Sociological Impact of Cyber Laws on Media: Virtue Community and Controversies

This study aims to delve into the sociological dimensions and repercussions of cyber law on cyber-based mass media and social media freedoms in Indonesia while shedding light on questionable aspects of the country’s cyber laws. Employing qualitative research methods encompassing theoretical and investigative perspectives, the study combines normative juridical research with a legal, sociological approach and an observational survey approach. Data collection involved an examination of legal materials on information technology alongside interviews with cyber-policymaking bodies, stakeholders, cyber-media houses, journalists, bloggers, and social media influencers. The collected data were scrutinized through descriptive analysis to clarify the sociological and legal impacts of Indonesia’s cyber law on media and social media. The findings reveal that implementing cyber law in Indonesia carries substantial sociological implications for both the media and society. It highlights questionable aspects of the existing cyber laws, as they pose challenges to upholding the rule of law and safeguarding social and media freedoms in the country. The insights derived from this study hold relevance for research endeavors focusing on the sociological aspects of cyber law in developing countries. This study contributes to a deeper understanding of the evolving digital landscape and emphasizes the need to address pertinent issues while balancing legal regulations and societal freedoms. Doi: 10.28991/HIJ-2024-05-01-04 Full Text: PDF

Report: India To Replace Information Technology Act With The Proposed Digital India Act: Out With The Old, In With The New?

India is still in its nascent stage where cyber laws are concerned. However, the Indian government has ambitious plans to overhaul the cyber framework and bring it in line with global best practices. The nucleus of this framework in the proposed Digital India Act (DIA) which is intended to replace the existing Information Technology Act, 2000 (IT Act). The government has noted that the IT Act is unable to adapt with the rapidly evolving cyber sector and intends to overcome these shortcomings with the DIA. The governments, through the DIA, intents to bring about enhanced safety, classification of intermediaries, fair and open internet and increased accountability. While the DIA is a step in the right direction to ensure that India stays current, it has the potential to considerably impact Big Tech and their balance sheets. Privacy, Data Protection, Cyber Security, Intermediary, Safety, Global, News, India, Big Tech

AI and Cyber Security with Reference to Information Technology Act, 2000 and other Laws in India

Abstract: The term artificial intelligence (AI) is prominent in today’s world of technology. In so many ways, it is still a developing science considering the problems presented by the twenty-first century. AI use has been established in daily life. Since AI has such a significant influence on human existence now, it is difficult to comprehend a world without it. Simply define, artificial intelligence (AI) is the study of how people think, work, learn, and decide in every situation in life, whether it is connected to problem-solving, learning something new, thinking logically, or coming up with a solution, etc. If Artificial Intelligence mostly connected with the daily life of the human being it must be protect the relationship between the human being and society people and there should be remedy to the peoples in case of violation of laws by AI machines. Cyber security and cyber law already new concept in the development of modern laws of the country. Cybercrimes are becoming common and frequently reported in the news. It is a global challenge, not simply one that affects one nation. AI is meaningless without strong security measures since it may be readily accessible by outsiders. Governments, banks, and global corporations now face a serious threat because of cyber security threats. Hackers use a lot of private and business data to their advantage, which poses a serious threat to the online community

Confronting Cybercrimes Under the Provisions of Public International Law

This study emphasizes the urgent necessity for constant updates and improvements to the international legal instruments so that they can cope up with the sophisticated and dynamic nature of the cyber threats. A major emphasis is given to the importance of the international cooperation and the harmonizing of the law enforcement practices across the world by under- standing the fact that the cybercrime has the transnational character and would be ineffective if competed by a nation in isolation. This study mentioned the ethical issues and the privacy concern when cyber law enforcement is being mentioned. It emphasizes on the need for bal- ancing the security measures and the protection of rights of individuals and their privacy as a huge concern and the approach for the authorities on the gathering data of individual to the organization recommended to be balanced. It recommended on the legal framework which are transparent, clear and proportionate with the surveillances and the data gathering, the framework can also imply with the oversight to prevent any abusive and malicious use of the approval and data gathering. Looking forward, the future for the international law that com- bats the crime such as the cybercrime in the cyberspace is yet and will continuously evolve, as the threat evolving, the legal response and the mechanism of the cooperation will need to remain in place. The paper also restated that the adaptability and the ethical consideration and the cooperation by the international community are the spectrum of the way to ensure the legal strategies to protect the cyberspace and the rule of law and human rights in digital age.

Correlation of Cyber Law with Civil Law: Theoretical and Practical Studies

This research aims to examine the correlation and relationship between Cyberlaw and Civil Law with a theoretical and practical approach. This research uses qualitative methods, which specifically examine normative juridical matters regarding Cyber Law and examine its technical aspects. With in-depth study, shows that Cyber Law and Civil Law have a very close relationship, both individuals and institutions, which includes aspects of security and protection of personal identity, proof and accountability in the eyes of the law, and concludes that electronic documents and their technical use have not been regulated, so it is necessary strengthening and improving the law, so that there is no legal vacuum or uncertainty.

Juridical Reviewcyber Law On Developmentfintech In Indonesia

Objective: Technological developments in the digital era are something that cannot be avoided. These significant changes have occurred in the financial industry throughout the world, including in Indonesia. Financial technology or in another language equivalent is financial technology (Fintech) as a result of exposure to technology is a new thing in Indonesia that continues to develop rapidly. This is because financial technology makes it easier for people to carry out transactions safely and more efficiently. In connection with these benefits, there are also other negative things, one of which is related to cybercrime (cyberlaw). Methods: By using normative juridical methods with secondary sources, this paper concludes that the government does not yet have a separate law related to financial technology regulations, but the substance regarding technological developments can be found scattered in other regulations and an approach to introducing cyber law is needed. towards business people and the wider community so as to create a legal function, namely as legal certainty and justice. Results: This development is accompanied by the development of the world of crime in the world of technology, namely cybercrime. This crime is a transnational crime and requires a more comprehensive approach to tackling this crime. In positive law, regulations related to cybercrime are regulated in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronics and updated in Law No. 1 of 2023 concerning the Criminal Code. However, the provisions regarding cybercrime in this law are not accommodated holistically. Suggestions: It is necessary to create a separate law regarding fintech which regulates cybercrime. It is necessary to regulate consumer protection accompanied by criminal sanctions whose elements regulate from upstream to downstream related to financial technology. Regulations at the statutory level provide legal certainty because in theory the hierarchy of statutory regulations has a higher status than regulations regarding fintech which are only regulated at the institutional regulatory level. Regulations at the statutory level also avoid overlapping regulations between state institutions, thereby creating legal certainty for fintech business actors.

The Major Role of Cyber Law in Ensuring Privacy of Netizens: A Case Study of Bangladesh Perspective

This article is based on cyber-crime and legal analysis only. To know about cyber-crime and types of cyber-crime, cause for cyber-crime, actual role of cyber law in ensuring privacy of netizens, Which laws and regulations were in place to stop the cyber-crimes included in this article. This research article focuses on the privacy of netizens and restraint all cyber related crime according to provisions of Bangladesh. While Bangladesh have The Information and Communication Technology Act, 2006; The Pornography Control Act, 2012; The Cyber Security Act, 2023; Bangladesh Telecommunication Regulatory Commission Act, 2001; provisions that is for cyber-crime. Apart from that, other general provisions like, Cyber Jurisdiction; The Constitution of the People’s Republic of Bangladesh, Bangladesh Penal Code, 1860, Copyright Act, 2005; is also included as a case analytical study. In this study, many famous case references of Bangladesh are included as case studies of cyber-crime which sets a precedent in cyber-crime control. Besides, some challenges of the government in implementing cyber-crime have been highlighted in this article.

Combating Cybercrime: A Study on Problems, Preventions and Cyber Laws of India

Combating Cybercrime: A Study on Problems, Preventions and Cyber Laws of India

Securing the Kingdom’s e-commerce frontier: Evaluation of Saudi Arabia’s cybersecurity legal frameworks

The rapid growth of e-commerce in Saudi Arabia has underscored significant cybersecurity challenges, undermined the integrity of online transactions, and diminished consumer trust. This study conducts a comprehensive analysis of Saudi Arabia’s cybersecurity legal frameworks to assess their effectiveness in countering emerging threats to the digital commerce sector. Through a qualitative research approach, it thoroughly examines statutes, regulations, and judicial rulings to evaluate the current cybersecurity governance’s scope, effectiveness, and shortcomings. The findings reveal considerable advancements in formulating cybersecurity laws in Saudi, yet underscore substantial gaps in enforcement, technological adaptability, and international cooperation. The research underlines the need for flexible legal frameworks that align with the dynamic nature of the digital marketplace, calling for enhanced regulatory mechanisms and greater international legal alignment to protect the e-commerce environment. By offering a contemporary, evidence-based review of Saudi Arabia’s cybersecurity legislation, this study contributes valuable insights to the academic dialogue, with significant implications for policymakers and the global cyber law and e-commerce discourse.

Combating the Macau Scam in Malaysia: Strategies for Mitigation and Resolution from Civil Law and Sharī'ah Perspectives

The phenomenon of cybercrime fraud that occurs in Malaysia has now become a hot topic of discussion. The financial loss and psychological distress experienced by the scam victims has brought attention to the Macau Scam problem in Malaysia. Due to the frequency of people who are too easily deceived by this syndicate’s modus operandi, Macau Scam every day becomes headlines in the newspaper. This causes people frustrated as fraud can happen to anyone if the public is not exposed or is not aware of this matter. There are various awareness campaigns that have been carried out by the authorities to reduce the risk of victim involvement in this fraud syndicate but there are still many more involved and show no reduction. To prevent people from being victims of this form of fraud and to maintain justice to stop this issue from getting worse, Malaysian law provides several protections and remedies. Therefore, the objective of this study is to identify the issues of Macau Scams in Malaysia and to investigate the adequacy of the existing Malaysian Cybers Laws in providing the protection and remedies to the affected victims from the perspective of Civil Law and Sharīah perspectives. In terms of methodology, researchers use a qualitative approach method consisting of document analysis where all information and data are obtained from primary and secondary sources which consist of various Acts, Enactments, journal articles, books, newspapers, and many others. As a result of document analysis, researchers found that several cyber laws that can be used to overcome this problem such as Anti-Money Laundering and Terrorist Financing Act [Act 613], Section 420 of the Penal Code [Act 574], the Communications and Multimedia Act 1998 [Act 588], Computer Crime Act 1997 [Act 563], Electronic Commerce Act 2006 [658], Personal Data Protection Act 2010 [709] and Consumer Protection Act 1999 [Act 599] (Amendment 2010) while the level of awareness among the public is one of the leading causes of this scam issue.

Effect of Cyber Crimes in Education: Need for Specific Legal Framework

Of all the significant advances made by mankind, probably the most important is the development of internet. The real power of today's internet is that it is available to anyone with a computer, mobile phone, etc. Initially when internet was developed, the founding fathers hardly had any inclination that it could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are a number of crimes committed in cyberspace due to the anonymous nature of the internet. Hence, the need for stringent cyber laws

РЕФОРМИРОВАНИЕ ОСНОВ СРАВНИТЕЛЬНОГО ПРАВОВЕДЕНИЯ В ЦИФРОВУЮ ЭРУ: НОВЫЕ ПРИНЦИПЫ И ПОДХОДЫ

Digitalization is radically transforming the classical postulates of comparative legal theory formed in the 20th century. Global information technologies are changing the fundamental principles of state power organization, erasing the boundaries between the state and business spheres, and leading to their convergence in common areas such as cyber law. The updated methodology of comparative legal analysis makes it possible to compare the traditional and modern principles of comparativistics, identify risks for the classical theory from the digital transformation, and substantiate the need to modernize the foundations of comparative jurisprudence through an integrated digital governance concept based on advanced IT tools. The strategic role of the renewed methodology in shaping effective analytical approaches to studying the global phenomena of the digital transformation of legal systems and developing an optimal strategy for their adaptation to the new technological reality is emphasized.

The Analysis of Public Service Management in Kota Serang. The Study of the online Application “RABEG” (Reaksi atas Berita Warga)

The application of RABEG, is one of the media used to improve the services for people in Kota Serang. Howerver, its implementation has many problems, as reflected in the responses and assessments from users on the playstore platform, regarding the Rabeg application. The assessment given to this application was low, only 1.6 on a scale of 5. This research aimed to analyse the public service management in Kota Serang, focusing on the online Rabeg application. The research used descriptive qualitative approach, referred to the theoretical framework from Indrajit. It identified six important indicators; content development, competency building, connectivity, cyber law, citizen interface and capital. The data source were literature from books, mass media, official government documents, official website, the play store platform, and related journals. The findings of the research showed that the management of public services of Rabeg application was face with several obstacles and shortcomings. So the optimizing of public services from this application had not fully achieved.

HACKING AS A CHALLENGE FOR CHANGE AND THE DEVELOPMENT OF CYBER LAW IN INDONESIA

This research explores the legal provisions for hacking as a cyber crime in Indonesia with a focus on the legal framework for hacking, criminal acts of hacking, and the challenges faced in dealing with changes and developments in cyber law. Indonesia's hacking legal framework, which primarily consists of the Information and Electronic Transactions Law (UU ITE), creates an important legal foundation for dealing with hacking. However, there are shortcomings in legal provisions that must be updated regularly to keep up with technological developments and increasingly sophisticated hacking tactics. This research aims to analyze the legal provisions that regulate hacking as a cyber crime in Indonesia. This includes an understanding of relevant legislation, the implementation of the law, as well as the obstacles faced in law enforcement related to hacking. This research uses normative legal research methods. By understanding the legal framework for hacking, criminal acts of hacking, and the challenges of changing cyber law in Indonesia, this research aims to provide deeper insight into how this country faces the threat of hacking in an increasingly complex digital era. With ongoing improvements in the legal framework, increased law enforcement capacity, and better public awareness, Indonesia can be more effective in protecting its society and digital infrastructure from the threat of cybercrime.

The trans-national cybercrime court: towards a new harmonisation of cyber law regime in ASEAN

The trans-national cybercrime court: towards a new harmonisation of cyber law regime in ASEAN

Reframing China’s Territory and Sovereignty in Cyberspace: Exploring Conceptual Territorialization and Claims of Cyber Sovereignty

The Chinese government has implemented a range of cyberspace management policies in recent years in an effort to claim what it refers to as its “cyber sovereignty.” Beijing bases this on its understanding of cyberspace as an additional geographical battlefield. This paper investigates how cyberspace may be regarded from this perspective and discusses how the Chinese government endeavors to manage its cyberspace and legitimizes this control through the adoption of cyber laws. The analysis shows that China’s sovereignty claims over cyberspace can be supported by four recognized factors of territorialization. These include authority, cyber culture, functional borders, and individuals. This study illustrates that these sovereignty claims can indeed be justified despite China’s current inability to completely explain them. The territorialization of cyberspace is a complex and evolving issue, however, and finding a way forward will require cooperation and understanding among all the stakeholders.

How to punish cyber criminals: A study to investigate the target and consequence based punishments for malware attacks in UK, USA, China, Ethiopia & Pakistan

Numerous research studies have highlighted the exponential growth of malware attacks worldwide, posing a significant threat to society. Cybercriminals are becoming increasingly merciless and show no signs of pity towards individuals or organizations. It is evident that cyber criminals will stop at nothing to gain unauthorized access to confidential information. To effectively combat malware attacks, strict cyber laws are necessary, and the use of malware is punishable in many countries. However, the literature has not addressed whether these penalties create deterrence or not. This research article has addressed this gap. In this study, the effectiveness of criminal laws related to malware-related crimes in various jurisdictions was analyzed using the doctrinal research methodology. The cyber laws of the USA, UK, Ethiopia, Pakistan, and China were examined to determine whether the penalties imposed for these crimes are appropriate given the severity of the harm caused. The study concludes that malware penalties should take into account the creation or use of malicious code, targeting individuals or organizations, and the magnitude of consequences, regardless of whether mens rea is present or not.