Question

In Cybersecurity Law, what is are the similarities and differences between a narrow and broad view of the Digital Millennium Copyright Act? How is each court interpretation of the law different, but the same?

Answer 1

Cyber laws exist to protect people from online frauds and scams, these laws prevent any financial crimes and identity theft that happen online. The Internet is the source of multiple types of content, but it is not right to copy the hard work of any other person. Top cybercrimes are:

1. Phishing scams. Phishing is a practice of a cybercriminal or hacker attempting to obtain sensitive or personal information from a computer user. ...
2. Identity Theft scams. ...
3. Online Harassment. ...
4. Cyberstalking. ...
5. Invasion of privacy.

Information Technology is changing rapidly and gaining popularity in most of the aspects of our lives. Computer plays an important role in today’s era, but that also includes the people involving in the commission of crimes using computers. Our law enforcement must become more educated in the cyber sector just to be able to keep up with all these types of criminal elements. One of the major difficulties is about educating people on cyber laws and security practices, such as handling sensitive data, records, and transactions, and implementing robust security technology, such as firewalls, anti-virus software, intrusion detection tools, and authentication services on the computer systems. Therefore, this blog will work to explain a significant section of cybersecurity which is Cyber Law.

Cyberlaw is like any other legal rule or policy that should be followed in our day to day life to stay out of any kind of trouble. These laws are formed by keeping several issues into consideration such as our society, morals, computer ethics, etc. The only difference is that cyber law is applied to the internet and internet-related technologies only. Cyberlaw is formed to maintain discipline and justice in the cyber world. This area in the legal system is introduced because the crime related to computers and other technology was increasing rapidly. These types of crimes were not falling under the category of any existing legal category therefore a separate section was formed named Cyber Law. Cyberlaw provides legal protections to people using the internet including both businesses and regular citizens. It is important for anyone using the internet to be aware of the cyber laws of their country and local area so that, they know what activity is legal online and what is not. Also, if anything happens with them online, they know how they can act regarding that matter accordingly.

Areas Encompassing in Cyber Laws

These laws cover many areas & activities occurring online and serve a variety of purposes. Some laws are formed to protect to defend people online from malicious activities, some laws explain the policies if using computers and the internet in a company. All these wide categories fall under the cyber laws. Some of the wide range areas encompassing the cyber laws are:

Scam/ Treachery

Cyber laws exist to protect people from online frauds and scams, these laws prevent any financial crimes and identity theft that happen online.

Copyrighting Issues

The Internet is the source of multiple types of content, but it is not right to copy the hard work of any other person. There are strict policies in cyber laws against copyright that protects the creative work of companies and individuals.

Online Insults and Character Degradation

Online platforms like social media are the best platform to speak your mind freely but there is a thin line between the liberation of using the right to speak and defaming someone online. Cyber laws address issues like online insults, racism, gender targets to protect a person’s reputation.

Online Harassment and Stalking

Harassment is a violation of both civil and criminal laws. This crime is a major issue in cyberspace. The legal system has some strict laws to prohibit these despicable crimes.

Data Protection

People using the internet risk their privacy while being online and often rely on cyber laws and policies to protect their secrets. Also, companies should maintain the confidentiality of data of their users.

Importance of Cyber Laws

Cyber laws are important to punish criminals who commit serious crimes related to the computer such as hacking, online harassment, data theft, disrupting the online workflow of any enterprise, attacking another individual or website.

Cyber laws decide different forms of punishment depending on the type of law you broke, who you offended, where you violated the law, and where you live.

It is important to bring criminal behind the bars, as most cybercrimes do not enter the category of common crime and it may lead to denial of justice.

These crimes may endanger the confidentiality and financial security of a nation therefore these problems should be addressed lawfully.

On the other hand,

The DMCA includes provisions that make it illegal to hack technologies that copyright owners use to protect their works against infringement, such as encryption, password protection of other types of measures. These provisions are commonly referred to as the “Anti-Circumvention” provisions of the DMCA. The Digital Millennium Copyright Act. The DMCA was passed in 1998 as an anti-piracy statute effectively making it illegal to circumvent copy protection designed to prevent pirates from duplicating digital copyrighted works and selling or freely distributing them.

Among the vast number of issues addressed by the DMCA, two key sets of provisions have particular importance in the protection and access to artistic material on the Internet: the prohibition of unauthorized access to copyrighted works by technologies that circumvent protection systems and the limitation of copyright. The owner of the copyright has the exclusive right to reproduce, distribute, and, in the case of certain works, publicly perform or display the work; to prepare derivative works; in the case of sound recordings, to perform the work publicly by means of a digital audio transmission; or to license others to engage in the safety of the same.

If you used someone else's copyrighted material and commercially profited from that use, you may have to pay him monetary damages, and the court may prohibit you from further using his material without his consent. A federal judge may also impound your material and order you to immediately destroy it.

A DMCA strike is a penalty system used by online service providers against those who infringe on copyrights. Rather than banning an offender upon their first violation, the service provider will allow them a set number of violations (or "strikes") before they remove the individual's access to internet services.

The Digital Millennium Copyright Act ( DMCA ) is a U. S. law, and as such applies only to the United States. On the other hand, Copyright laws are international. Intellectual property is protected by the WIPO (World Intellectual Property Organization). WIPO treaties protect copyrighted material in nearly 200 countries.

Once you receive a DMCA notice — either directly or through your ISP — review and confirm the alleged copyright infringement listed on the takedown notice. If you can confirm that there is a copyright infringement, you should proceed with taking down the identified material.

However, in cybersecurity, courts should first consider the resources provided by two US-agency sponsored organizations: CISA. The Cybersecurity and Infrastructure Security Agency is a part of the US Department of Homeland Security. Their charter includes incident response services, assessment capabilities, and cybersecurity tools.NIST. The National Institute of Standards and Technology is a science lab devoted to standards of measurement for industry and science. NIST’s Cybersecurity Framework of standards, guidelines, and best practices can be applied to court organizations of any size or sophistication.