Legal Articles


Virtual Application Of The
Rule Of Law In The Governance Of Cyber Society

Today in the technological world the practical application of  global law and administration of netizens around the virtual space has also became a major challenge before the state authorities. Therefore  it is important to use the constitutional perspective i.e.., the rule of law which consists of a number of different strands, none of which can be universally or directly applied to the governance of virtual communities, but each of which serve to highlight potential shortcoming in private governance.

The constitutional perspective is useful in order to understand what the appropriate limits to the power of private actor. The law is shaped by the people but law shapes the behaviour of people, we need to get used to-and practice-the law is shaped by technology and technology is shaped by the law. Technology may have expanded the factual premises created by the constitutional framers, thus there can be no all pervasive, powerful and decisive technology, whether the internet or artificial intelligence, which is not subject to the rules set by democracy in law.

The fact that cyberspace is marked by less governance and poor rule of law, such as the international transmission of a large number of data drive-by attackers using key loggers on social media to other countries where cybercrime law was nascent and non-existent or not easily enforceable, is part of the internet’s fascinating character. Although the severity of cybercrime has been recognized by countries around the globe and many of them have taken legislative measures to assist greybeard and offenders, not all have a legal structure to facilitate cyber criminals’ prosecution.

Globally many developed and developing countries have also reviewed their respective domestic criminal legislation to avoid computer and cyber-related crimes in order to address the challenges raised by emerging forms of cybercrime and criminal profiles. The government also makes regulations ensuring that internet policies and security solutions are in place for any enterprise from a large corporation to mid-size and small ones. In view of the dynamic and rapidly changing technology, there are often new types of threats. Cyber attacks, though, are moving at a high speed that law enforcement will not capture the day in the latest pattern, then corporate individuals will begin to think twice about using social network sites and the Internet.

Ayush Saran
Ph.D. Scholar, N.L.I.U, Bhopal.
LL.M, P.G.D Cyber Law, Cert. Intenet Crime Investigator,
Founder- Cyber Safe Space India

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