National Journal of Cyber Security Law

Digital Constitutionalism: An Emerging Dimension of Cyber Law

2025-01-17T07:07:05+00:00

Fundamental values and principles of constitutionalism have changed over time. The translation of modern constitutional values into a digital environment is digital constitutionalism. Digital constitutionalism, instead of defining the normative remedies to the problems presented by digital technology embodies the set of values and principles that underpins and directs them. They go beyond the constitutionally permissible tools and include new instruments created in the transnational dimension of private actors and global entities. The idea of basic structure is the judiciary's most effective instrument for upholding the checks and balances and the power necessary for a democracy to run smoothly. It is becoming urgent that constitutional principles need to be examined in the light of digital technology. People now have never-before-seen opportunities to exercise their fundamental
rights, but new threats have also surfaced. All parties involved are required to respond to the negative effects of digital technology, and digital constitutionalism offers the goals, values, and guiding principles that should direct this constitutional reaction. This study will finally suggest a novel method of mapping the constitutional responses that have so far been developed to address the difficulties posed by digital technology in the context of constitutional definitions. Because of how the current constitutional framework is responding to these digital challenges, the present might be characterized as a constitutional moment. To address the challenges, a number of balancing regulative reactions have been emerged. Specifically, it will incorporate both new mechanisms developed in the transnational sphere involving private actors and the constitutional tools created in the state-centric context. It will then propose a new organization of the theoretical framework surrounding digital constitutionalism and illustrate how digital constitutionalism can address cyber challenges.

Navigating the Crossroads: Harmonizing Privacy and Security in Cyber Crime Legislation in the Digital Age

2025-01-17T06:40:38+00:00

As we all know how much privacy matters for all of us as in this digital world as we share so many personal facts about ourselves online, like our bank account information, mobile number, and email address. which are being abused by gathering and keeping this data in order to improve the effectiveness of machine learning (ML) and artificial intelligence (AI). Four categories of data are
being gathered and sold: (i) personal information such as name, credit card number, and birth date; (ii) Behavioral information such as links visited; (iii) Transnational information such as purchases or transactions; and (iv) Technical information such as device type and IP address. Every digital connection we have is a significant and vital source of information about our interests and identities, which helps businesses better target their intended customer base. For instance, if someone searches for a certain shoe, he would see advertisements for that shoe and others that are comparable to it. Some companies even use Whats App messaging to market their product to the user by offering discounts and other alluring rewards. In order to strike a balance between data breaches and privacy, this paper examines the difficulties both customers and cyber security face. As cyber crime increases, governments throughout the globe are under pressure to enact strict laws that will preserve sensitive data, defend
national security, and uphold public confidence. The paper explores the complex relationship that exists between security and privacy in the context of current cyber crime laws. It looks at how legislative choices, legal decisions, and technical developments have shaped this delicate dynamic. The report explores important topics including encryption, data protection legislation, mass surveillance, and the function of international collaboration in combating cyber crime. It is possible to forge a path that safeguards people's digital freedoms as well as the safety of the larger community with the aid of solid security measures, a legal framework that can change in line with technological advancements, and transparent and liable procedures for battling cyber crime.

Harassement and Child Abuse in Metaverse: Threat Beyond Genders

2025-01-21T06:58:51+00:00

Virtual Reality is a strange concept. Imagine experiencing something which is indistinguishable with your reality, perhaps with better pixels, defined characteristics and sharp features. It is intriguing because this reality is not restricted to gaming but has a wide range of domains to exploit like social interactions, fitness, entertainment and even workspaces. It is relatively new but is grabbing the attention of every human being. Metaverse is a persistent, immersive digital universe with solid advantages and scary disadvantages, it benefits in similar ways, how Artificial Intelligence does. Apart from the fact metaverse does not run on its own and cannot harm anyone as it is a social platform but let me tell you, it stands in the same realm of threatening individuals in its reality.

Navigating the Nexus of Creativity and Imitation: IP Conundrums in Video Game Cloning Under Copyright

2025-01-17T07:01:02+00:00

“Such enormous growth in the video game industry throws tremendous legal challenges, especially about copyright protection. The nuances of copyright law applied to video games is, therefore, a topic followed in two sections by the legal frameworks prevalent in India and the United States. Video games, as with any other form of art, may comprise audiovisual elements, such as plot, characters, scenarios, etc., and underlying software, both of which may come under certain heads of copyright. There is protection for individual components of game works in India's distributive classification system, but U.S. law provides greater and more uniform copyright protections. The paper examines key doctrines-the "idea-expression dichotomy," the "merger doctrine," and "scène à faire"-that are used to distinguish protectable and unprotectable elements when game cloning occurs. Finally, it
explores the economic and creative effects brought about by game cloning and proposes appropriate legal and technological steps that could be taken by game developers to protect their rights. From the comparative perspective, this research work discusses the challenges and solutions available for video game content protection in a fast-paced age of digital progress.”

The Legal Landscape of Online Gambling: An Analysis of Cyber Law and Its Regulatory Challenges

2025-01-17T06:30:28+00:00

Online gambling has experienced rapid growth due to the various and constant advancements in technology and has managed to capture global reach across the Internet. This paper aims to focus on the significant legal and regulatory challenges as well as the ethical and social concerns that online gambling has managed to give rise to, particularly with respect to cyber law. The laws regulating online gambling have been subject to continuous upgradations leading to a battle between the role of the State and the law. In addition to the above, online gambling carries along with it, its own share of threats and vulnerabilities which mandate the importance of encryption and other security measures to protect such threats and cybersecurity breaches. This paper highlights the legal responsibilities of online gambling operators in user data protection. A developing activity such as online gambling must of course be regulated in order to prevent the misuse of platforms providing access to the same. The role of
regulatory authorities and the compliances that operators are required to adhere to are also discussed in this paper. As far as cyber law is concerned, the application, challenges and the intersection of cyber law and consumer protection is also a significant consideration that sections of this paper touch upon. The online gambling platforms too have certain intellectual property issues that must be dealt with. Online gambling is not restricted to one jurisdiction and has presence across borders due to which the
jurisdiction of any disputes arising out of this must be understood. Furthermore, although there may exist a basic idea of law in relation to online gambling, its effective enforcement is necessary. Therefore, this paper aims to shed light on these issues and provide a comprehensive idea of the legality surrounding online gambling, both at present and in the near future.