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The Boons and Banes of ‘Digital Duniya’ 


Dr. Jaydev Misra1​ ​, Dr. Priyadarshini Mallick2​ ​ and Pratyusha 
Mukherjee3 ​
 
1. Assistant  Professor  of  Economics,  Dhruba  Chand  Halder  College,  South  24 
Parganas, West Bengal 
2. Assistant Professor of Microbiology, Asutosh College, Kolkata, West Bengal 
3. Research Assistant, University of Calcutta, West Bengal 
 

INTRODUCTION​:

The greatest creation of God is human beings and the greatest creation of
human is technology. We are living in a world where we are encompassed
by gadgets and machines. ​The creation of artificial intelligence is the most
appreciable invention of human being till date. The journey towards this
destination was started when the great mathematician, Charles Babbage
invented the computer, a device having its own brain and memory. It is a
great combination of hardware and software which is capable of
multitasking.

Thereafter, various inventions in this field made remarkable contributions


to the mankind by making our lives easier, effortless and time saving.
Another gem was added to the crown of human achievement when human
being invented the ‘internet’. It spread out its web worldwide and brought
the entire globe in the grab through the modern computers and smart
phones. ​Standing in this era we can hardly imagine our daily activities
without internet and web services.

The ample benefits of internet cannot be described by making some


scratches of ink on some papers as the benefits and utility of this invention
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in our daily life are undoubtedly indispensable. Like food, cloth and shelter
internet has also become one of our basic necessities of life.

In recent times, the Digital India movement has achieved immense


popularity, due to which the globe has come within the viable reach via
smart phones. In order to reduce paper work, save time and save man
power the concept of Digital India was introduced on July 1st, 2015 by the
Government of India. Amongst many other facilities of Digital India, ‘Digital
Locker’ stands in the first row. It digitally stores the important documents
of an individual like PAN details, passport, testimonials and Aadhaar
details. It also provides access to the documents issued by the Government.
E-mail, e-application form, e-attendance, e-signature, e-education,
e-shopping, e-services have already announced the inception of the digital
era. This 21​st century can be truly regarded as digital era, where starting
from net banking to online shopping, from Aadhaar-linking to all our
personal information are accessible by clicking the mobile phone.

Thus the contributions of digitalization in our lives are un-doubtable. ​We


all admire the bright side of the moon but it also has a dark side which we
cannot witness with our open eyes. Likewise, every inventions and great
efforts of science have a positive aspect as well as a negative aspect. That’s
why a million dollar question arises in this context that how far we are safe
today? How far our personal information is within safe hands? To what
extent they are safe? Do we have any digital threat?

The present penman would like to accentuate the issues of Conflicts, War,
Peace and Social Security under the lime light of Juridical Science. Efforts
shall be made to highlight the legal implications of future of humans
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becoming inclined towards ‘Digital Duniya’ (World); causes and effects


of indulgence and proliferation of cyber crimes; need of cyber protection by
focusing to some of the recent researches and surveys undertaken by
eminent scholars and jurists. Overall analysis of Information Technology
Act, 2000 and highlighting the problem as of why we need to have more
stringent laws in regards to the same to fight these upcoming cyber
threats.

Causes and effects

The main motto is to ensure each facility that government provides us to be


accessible digitally through e – governance i.e. creating universal digital
literacy. In the rural sectors education, hospitals, healthcare, banking these
facilities are harder to be availed by citizens due to lack to knowledge,
resort, information, poverty, illiteracy and middleman. As a result of which
there was a huge gap between urban and rural development. Digitalization
has made it easier to access their services.

The use of mobiles specially smart phones are highly useful for generating
knowledge creating awareness and to easily avail services-education can
easily eradicate the illiteracy due to unavailability of physical infrastructure
in rural and remote areas. Mobile and Internet banking can save time
harassment quick easily accessible and it lead to financial inclusion as well.
Online shopping bill payments tax payment digital currency has made the
economic transactions more fluent efficient and cost and time effective.
DIGITAL INDIA MISSION is ready to gift us a paperless environment
cashless economy and a queue-less future.
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Conflicts​, ​War​, ​Peace ​and​ Social Security

In the recent past we have heard the name of ​Edward Joseph Snowden
many times. ​Some call him a hero some call him a traitor and others know
him as a whistle blower. He disclosed and revealed various global
surveillance programmes that used to be conducted by the National
Security Agency (NSA) and the Five Eyes Intelligence Alliance with the
cooperation and assistance of Telecommunication Companies.

Snowden being a former member of Central Intelligence Agency (CIA) came


to know about those illegal and immoral activities of United States of
America. He disclosed that USA was actually keeping surveillance on each
and every individual of the Earth especially political leaders and diplomats
of foreign countries.

After the 9/11 Attack USA became more desperate to cover every single
inch of the world under their surveillance. In view of which many secret
information and extremely confidential data came to their knowledge. Such
malpractices conducted by the USA were highly criticized in the United
Nations but the damage which was caused due to the lost of secrecy could
not be restored.

Thus the incident of Snowden can be a true lesson for our future generation
that how far they can actually feel safe in the digital era under the
surveillance of the Government or a Super Power.

Proliferation of cyber crimes​ ​&​ ​need of cyber protection​:


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The complex technological mechanism of a computer system is itself a


disadvantage to provide four-corner safeguards of data. Hackers can steal
and tamper access codes, retina images, advanced voice recorders etc and
can easily make fool any biometric systems. Moreover, the data related to a
cyber crime can be easily destroyed by the criminals. That’s why the loss of
proper evidence has become a problem which creates hindrance in the path
of investigation of cyber-crime. Some people with gifted brains are actually
taking the advantage of this crippled system for their wrongful gain. Thus
human future in digital era is going to be encompassed mainly with the
following types of offences:

➢ Identity theft: It commonly refers to a host of frauds, thefts, forgeries,


false statements and impersonations involving the use of another
person’s information in order to commit various crimes like going on
spending sprees under the under the victim’s name, hacking victim’s
bank account ,opening new accounts, applying for loans in victim’s
name.

➢ Cyber stalking: It generally involves harassing or threatening


behavior that an individual engages in repeatedly following a
person’s movement across the internet by posting messages,
threatening on the social profile of the victims.

➢ Hacking: It is a planned unauthorized access with computer system


and penetration to networks with the intent to cause wrongful loss or
damage to the public, destroying or deleting or altering any
information residing in computer resources or diminishes its value or
utility and affects it injuriously by any means.
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➢ Virus or other malicious program: It is a malicious program that


infects the other software program by corrupting or deleting the data
by which the original program becomes malfunctions.

➢ Computer sabotage: It is the process of the input, alterations, erasure


or suppression of computer data or computer program, or other
interference with the computer systems, with the intent to hinder the
functioning of a computer or telecommunication system.

➢ Internet or computer fraud: It implies the input, alterations, erasure


or suppression of computer data or computer programs or other
interference with the course of data processing thereby causing
economic and possessory loss of property of another person with the
intent of procuring economic gain.

➢ Cyber squatting: It is the process by which unscrupulous persons


generally block the site names and then start trading for monetary
benefits.

➢ Cyber terrorism: According to the Federal Management Agency


(FEMA) cyber terrorism are an unlawful attacks and threats of
attacks against computers, networks, and the information stored
therein when done to intimidate or coerce a government or its people
in furtherance of political or social objectives.

➢ Cyber pornography: It refers to the stimulating sexual or other erotic


activities over the Internet including pornographic websites,
pornographic magazines produced using computers to publish print
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the material and the internet to download and transmit pornographic


pictures, photos, writings etc.

➢ Digital or computer forgery: It is the process by which counterfeit


currency notes, postage and revenue stamps, mark sheets, academic
certificates, passports, visas, Cheque etc are made using sophisticated
technologies by criminals.

➢ Data diddling: It refers to illegal or unauthorized raw data alterations


just before it is processed by a computer and changing it back after
the processing is completed.

➢ Cyber defamation: It occurs when the defamation takes place with


the help of computers and internet.

➢ Spoofing: It is used to gain unauthorized access to computers or


networks from outside by pretending to be an authorized and trusted
device inside the penetrated network.

➢ Computer or economic espionage: As warned by Union Home


Secretary Rajiv Gupta India is most vulnerable to cyber espionage it
is a crime which implies the acquisition by improper means or the
disclosure, transfer or use of a trade or commercial secret without
any right or legal justification with the intent to cause economic loss
to the person entitled to the secret or to obtain an unlawful economic
advantage. These crimes take place to get trade secrets of an
organization by hacking their networks.

➢ Salami attacks: These attacks are used for the commission of financial
crimes.
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➢ Spamming: It is the unsolicited e-mail on the internet is the internet


version of “junk mail”. It is an attempt to deliver a message over the
Internet to someone who would not otherwise choose to receive it.

➢ Steganography: The process of hiding one message or file inside


another message or file is called steganography.

Analysis of Information Technology Act, 2000​

Information Technology Act, 2000 also known as IT Act deals with cyber
crime and e-commerce. It defines cyber crimes and prescribes penalties for
them. It also contains a provision for a Cyber Appellate Tribunal to resolve
disputes arising out of information technologies.

Initially the Act contained 94 sections but thereafter it was amended in


order to spread its scope for meeting the very need of the society. A major
amendment was made in the year 2008 where offences related with child
porn, cyber terrorism and voyeurism and its respective punishment were
laid down.

According to Section 66E of the IT Act if a person captures, transmits or


publishes images of a person's private parts without his/her consent or
knowledge he shall be punished with imprisonment up to three years,
or/and with fine up to ​Rs.​ 2,00,000/-.

Section 66F of the IT Act states that if a person denies access to an


authorised personnel to a computer resource, accesses a protected system
or introduces contaminant into a system, with the intention of threatening
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the unity, integrity, sovereignty or security of India, then he commits cyber


terrorism and shall be punished with life imprisonment.

Section 67B states that if a person captures, publishes or transmits images


of a child in a sexually explicit act or conduct or if a person induces a child
into a sexual act (A child is defined as anyone under 18 years) he shall be
punished with imprisonment up to five years, or/and with fine up to ​Rs.
10,00,000/- on first conviction. (Imprisonment up to seven years, or/and
with fine up to ​Rs.​ 10,00,000 on second conviction.)

Thus the IT Act contains various provisions in order to combat the misuse
of information technologies and in future it shall be again amended, if so
required, to protect the society from the ill effects of cyber crime.

Conclusion:

The ‘Kalash of Amrito’ (immortality) cannot be achieved without


experiencing the torment of ‘Kalash of Bish’ (poison). The verses of
scriptures explicates that the way towards boon opens up after crossing the
path of curse. Thus the ‘human future in digital era’ is a compilation of both
privilege and punishment.

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