Monday, 30 January 2017 17:56

Emerging Global Trends and Developments in Cyber Law : A Growing Challenge to the Governments.

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Introduction :

Cyber law is the law governing cyberspace. Cyberspace jurisprudence is evolving rapidly with various technological developments. Due to immense increase in the use of computers and other communication devices, there has been increase in cyber crimes worldwide. It has also given rise to various challenges dealing with the legal aspects of cyber law to the governments across the world.

The unprecedented rate of technological change has cropped up many challenges and problems, especially the problem of governance, formulation of new laws and amendments of the existing ones from time to time. Cyberspace has no limitations as to geographical boundaries which has given rise to many transnational crimes, which may affect any country across the globe.

It is likely that various challenges might arise in future due to such rapid increase in the information technology. There is a need for nations to enter into multi-lateral international agreements to establish new and uniform rules applicable to cyberspace. Also there is a need for creating an international organization to deal with problems relating to cyberspace.

Emerging global trends and developments in Cyber Law :

Globally, Various trends and challenges are likely to arise with the development and evolution of cyber law jurisprudence. Following are few of the Trends and challenges in cyberspace which has emerged in last few years and needs a serious attention of the governments across the world.

Trends in Mobile Laws :

The increased usage of mobile devices, cell phones, smart phones, personal digital assistants and all other kinds of communication devices in different parts of the world are becoming an integral part of day –to-day existence in life. This has widened the scope of Mobile Ecosystem and is likely to give rise to various complex legal issues and challenges across the world

In countries like India and China, wherein the usage of mobile devices is exceedingly high, the area of mobile law is emerging and different complicated legal, regulatory and policy challenges concerning the usage of mobile devices and  communication devices are coming to the forefront ,and it is expected that these countries would contribute towards the growth and development of Mobile law.

Also the increased usage of mobile devices is likely to give rise to more mobile related crimes. It is need of an hour for the governments to adopt direct legislations pertaining to mobile law as the existing laws, regulations and rules in different countries which have an impact on legal issues pertaining to mobile laws are applicable in an indirect manner.

It is expected that with increased usage of mobile devices across the world, mobile law would emerge as an distinct area of jurisprudence. There is a need for appropriate enabling frameworks for the governments across the world that will help, protect and preserve the rule of law in mobile ecosystem.

The growth of mobile law jurisprudence has led to the legal issues connected with it. Mobile crime is likely to increase leaps and bounds in the coming years. Increased usage of mobile apps, which majorly consists of an individuals private and personal information, are likely to bring up various legal issues which will need appropriate consideration in order to ensure mobile protection and privacy .With more and more mobile apps emerging the personal information of the user needs to be protected.

Social Media and Challenges :

One of the biggest problem cyber law is encountering is related to development of jurisprudence relating to social networking. Increased adoption and usage of social media are likely to bring various legal, policy and regulatory issues. Social media crimes are increasingly gaining attention of relevant stake holders. Misuse of information, other criminal and unwanted activities on social networking platforms and social media are raising significant legal issues and challenges. There is a need for the countries across the world to ensure that rule of law prevails on social media. Social media legal issues continues to be significant. In order to avoid social media crimes and protect the privacy related to social media, it is a challenge for cyber law makers across the world to not only provide appropriate legislative and regulatory mechanisms but also provide for effective remedies for redressal to the victims of various unauthorized, unwanted criminal activities done in cyber space and social media.

Cyber security and related issues :

With the growing activities of cyber crime across the world, there is a need for enacting a appropriate legislative, regulatory and policy framework pertaining to cyber security. The International Conference on Cyber law, Cyber crime and Cyber security which took place in November 2014 in India highlighted significant issues affecting cyber security and came up with various recommendations for international stakeholders. It is likely that countries of the world have to deal with issues pertaining to attacks and intrusions into computer systems and networks from location outside the territorial boundaries of the country. It has the potential of prejudicially impacting the sovereignty, integrity and security of the country. Thus there is a need for the nations across the world to amend their existing IT legislations which would help the protection, preservation and promotion of cyber security in the use of computers and communication devices.

Cloud Computing and Challenges:

Another important challenge in cyber space is the evolution and development of legal responses to the complicated legal challenges poised and raised by cloud computing and virtualization. Cloud computing being a popular phenomenon among corporate is likely to bring forth issues like data protection and data confidentiality. The relevant stakeholders including lawmakers and governments across the globe need to provide appropriate legal, policy and regulatory framework pertaining to legal aspects concerning cloud computing.

Spam Laws :

In the initial years, spam seemed to be targeted at computers but has now also targeted mobile phones. Email spam is the most common form of spamming, Mobile phone spam and instant messaging spam also exist. In majority of the countries there is no such anti spam law, which has led to the further growth of spam. There is an increased need for the countries to come up with regulatory and legal framework for spam as many countries have already become hotspots for generating spam.

Conclusion:

The aforesaid are some of the more significant and important cyber law trends which will have bearing on the growth and further evolution of international Cyber law ecosystem. The aforesaid list is only illustrative in nature and by no means exhaustive. With the tremendous growth in information technology worldwide, the society being more and more dependant on technology,  crimes related to computer, computer systems and electronic devices are bound to increase and the law makers have to go the extra mile to maintain the rule of law in the cyberspace ecosystem. What may happen in the future no one can predict due to the fast pace of technological growth. There lies a duty not only on lawmakers and governments, but also on the users at large, to understand their responsibility towards ensuring a safe and healthy technological development and that it is used for legal and ethical purposes to the utmost benefit of mankind.

Author : Sonia Tulse

Source : https://www.linkedin.com/pulse/emerging-global-trends-developments-cyber-law-growing-sonia-tulse

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