Tackling Cyber Threats: Insights from Cyber Law Veteran Bivas Chatterjee

Cyber law and cybercrime are crucial facets of today's interconnected digital world. Cyber law refers to the legal framework that governs online activities, transactions, and interactions. It encompasses various issues, including data protection, intellectual property rights, online privacy, and electronic commerce regulations. With the rapid growth of the internet and technology, cyber law plays a pivotal role in ensuring a secure and fair digital environment.

A distinguished legal expert, an authority in the realm of cybersecurity and cyber law, with an impressive career spanning over two decades as a Practising Advocate at the prestigious Calcutta High Court, various other courts across West Bengal and India, Bivas Chatterjee has exemplified excellence in the legal profession, especially in application of digital/electronic evidence in every sphere of the legal field.

1. What is the significance of cyber laws today, given how fast-paced the digital landscape is changing? 

Law, which governs cyber/virtual world, is cyber law in common parlance, as cyber world has taken an unprecedented proportion. From 1995, ARPANET to present day's Artificial Intelligence, especially its beloved and over-hyped ChatGPT, everywhere this law has application. In fact, for countries like India, where nearly 100 crores of people are connected to the internet or are glued to the virtual world now and then, cyber law is the most important legal instrument in the present day. Justice Brayer long ago envisaged that technology would have a permanent sit in our courtroom. In defining privacy to be included in the cherished list of fundamental rights, Hon'ble Court clarified that it is more data privacy. Now people have two-fold identity, physical and virtual identity. In one of my cases, I even endeavoured to coin the term "virtual rape" in case of assault of a woman in virtual world.

2. What prompted you to pick up cyberlaw as a subject?

In 2010, when I represented a telecom company in a website defacement case initiated by Kolkata Cyber P.S, I could realise potential of this subject and its future. I used to advocate the significance of cyberworld and application of electronic evidence, but in early days, when I used to say about its importance in future, people simply ridiculed at me with utter indifference, but things have changed considerably.

3. What are some of the cybercrimes that take place in India? 

India has been witnessing all types of cybercrime and it has increased manifold, staggering figures will be evident from NCRB or other sources. Followings are some examples of crimes:

1. Identity Theft 

2. Spam and Cyber Stalking 

3. Infringement of privacy 

4. Hacking, including multiple types of Hacktivism 

5. Cyberterrorism 

6. Child Pornography

7. Cyber Squatting 

8. Economic Espionage 

9. Software Piracy and other Copyright Violations 

10. Virus/worm attacks

11. Ransomware

12. Phishing

13. Defamation, Hate Speech,Xenophobic Propaganda

14. Online Gambling 

4. What kind of cybercrime cases have recently been taken up?

Primarily dealing with cybercrime incidences and electronic evidence on behalf of the prosecution, I got a better opportunity to experiment with various ways of application of cyber world phenomena in Court accepted by our judicial system. I strongly believe electronic evidence never tells a lie dehors people manipulate. Working as a special public prosecutor since 2013, I have seen changes taking in this field, in my own eyes as an ever-learning student of law and technology. The field is a perfect blend of both law and technology. It is hard to bridge between law and technology because their philosophy is not same, but every day for last 13 to 14 years, I have been experimenting with technology in Court; for example, any offender, after committing crime, searched intensely Google for some facts related to crimes; the evidence of his Google search history can be used to prove his conduct, prior or after, commission ofcrime.

5. How does India fare when it comes to cybercrimes? 

Data shows pile of cases reported before police stations. Every year, arithmetic shows a huge hike in number of crimes, but in case of trial, there are substantial pending cases relating to cybercrimes. When India is in nearing second position on the number of netizens, only a few fractions of cases are registered as FIR. In our investigation, we need to depend more on data to be provided by various "Intermediaries," but on many occasions, they simply did not care to provide, showing MLAT or any other formalities. Again, majority of investigating and prosecuting agencies are not adept and adaptive to present cyber world phenomena or various resources. Finally, because of menacing effect of digital dark age (today's data may not be readable after lapse of time), our criminal trial relating to cyber world needs expeditious disposal, which is near to impossibility. Above dismal situations grossly encourage cyber criminals todare to cheat us in virtual world. They have become dauntless and so daring that they know they will never be punished, relentlessly attacking us in virtual world with full impunity.

6. Key reasons behind the spurt in cybercrimes?

i) Ever-increasing gap between skill of criminals and knowledge of investigator.

ii) Lacking of infrastructure.

iii) Rare rate of conviction.

iv) Lackluster attitude of Intermediaries to providedata for investigator.

v) Lack of awareness of people makes them vulnerable.

vi) Lack of state-central joint effort to nab and wipe out deep-rooted pocket like Jamtara, etc. 

vii) Lack of trained investigator or prosecutors. 

viii) Improper KYC verification.

ix) Many more other reasons.

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