On the virtual trail: Cyber lawyers help in online crime investigation by collecting and analysing digital evidence

H acking e-mails, spoofing attacks, cyber sabotage, online financial fraud, tracking the author of malicious code, tracking a terrorist, online lottery fraud — thanks to the explosive growth of the Net, we are faced with thorny legal questions. Thus, we need qualified professionals to tackle this problem. Cyber law covers issues such as copyright, trademark, intellectual property defamation, cyber porn, privacy breach and software piracy among other things.

Cyber law thus encompasses a wide variety of legal issues related to the use of communications technology. It includes use of the Internet as well as any other form of computer or digital processing devices.

What do i have to do?

Cyber laws came into being with the advent of the Internet in order to regulate, control and facilitate electronic communication and commerce. Cyber law refers to imaginary space that is created when electronic devices communicate, for instance, a network of computers, mobiles, etc.

Cyber law has recently come up as a specialised field for lawyers and is also a field in which netizens can be monitored, as it affects and governs their rights. Digital signatures and e-contracts are fast replacing conventional methods of transacting business. Cyber laws are laws relating to data protection, cyber crimes, e-governance, intellectual property and digital signature.

Some of the services provided by cyber lawyers include :

• software licensing and sub-licensing,

• copyright protection and infringement,

• franchising and distribution agreements,

• trade mark registration, protection and infringement,

• partnering, joint venture and joint development agreements,

• drafting shareholders’ agreements, special resolutions and other corporate matters,

• brand and image rights protection,

• data protection and privacy law issues,

• guidance on confidential information.

Cyber lawyers assist the police in cyber crime investigation. Cyber crime investigation involves the collection, analysis and investigation of digital evidence and cyber trails. This digital evidence and cyber trail may be found on computer hard disks, cell phones, CDs, DVDs, floppies, computer networks, the Internet, etc.

What should i study?

To study most of the courses, you should be a graduate in any field or an LLB from a recognised university.

What next?

Cyber lawyers are required to educate netizens and e-traders on the various laws and acts passed by a country to govern the cyber world as well as punishments for the violation of those laws.

Cyber lawyers can work independently as consultants or in legal consulting and arbitration firms for providing assistance to advocates in cases related to cyber crimes. They can also work with large corporates or companies, which largely depend on the Internet for commercial activities, to keep a watch on any possible infringement.

As Internet-based applications in government departments, banks, telemarketing and online stock trading is growing, responsibilities of cyber lawyers are bound to increase in proportion. Career prospects are bright for these professionals due to the limited availability of trained and educated experts on the subject.

With adequate experience as a cyber lawyer, you can provide the best techno-legal remedies to your clients, represent multi-million dollar cases before a court of law or adjudicating officers, provide expert opinion in cyber crime cases in court, draft e-commercial contracts, agreements, disclaimers and establish security policies for clients, independently conduct cyber crime investigations for corporate organisations and conduct cyber-legal audits.

In legal process outsourcing (LPO), the work done is mostly of a secretarial nature and includes patent drafting, legal research, contract review and monitoring. It’s an emerging field and not many legal firms in India have experimented with it so far.

If you are academically inclined, you can opt for higher studies in law and join academics.

The scope for cyber law professionals is great. However, you need to market yourself and your law degree to reap the benefits.

WHERE TO STUDY

• NALSAR University of Law, Department of Proximate Education, Hyderabad.
• The Indian Law Institute (Deemed University), New Delhi.
• Asian School of Cyber Laws, Senapati Bapat Road, Pune.
• Symbiosis Society’s Law College, Senapati Bapat Road, Pune.
• Cyber Law College, Bangalore.