Cyber Law Explained: Key Regulations & Digital Rights You Should Know
Cyber law is any law that applies to the internet and internet-related technologies and is one of the newest areas of the legal system. 6 min read updated on September 17, 2024
Key Takeaways:
Cyber law or internet law is concerned with online privacy, data protection, intellectual property rights, and cybercrime.
Key regulations such as GDPR, COPPA, and CCPA ensure the privacy of users as they interact online.
Copyrights, patents and trademarks are crucial for protecting your content when you share them online.
Cyber law is concerned with many different branches–including e-Commerce and consumer protection.
As our society becomes more and more connected with the rise in digital technology and communication, understanding cyber law and your digital rights is crucial for law students, legal professionals and web users.
Cyber law–also known as internet law or digital law–is a legal framework that is concerned with how people interact with technology and the internet. It is not only limited to individuals, but is also concerned with how businesses and governments interact in the digital space–from data sharing, protecting intellectual property, preventing unethical behavior and fraudulence and much more.
Three Key Areas of Cyber Law You Should Know
Since cyber law concerns a wide range of activities and issues that could take place across the digital landscape, it can be difficult to narrow down the specific type of activities that fall under its jurisdiction.
To make it simple, there are three main branches of cyber law that you should know about:
Privacy and data protection laws: As the world becomes more and more digitally connected, vast amounts of data are also becoming available online. This raises concerns about the ethical use of such data, so that individuals can be protected from misuse of their personal information.
Intellectual Property: Alongside the need to protect personal information, the digitally connected world has increased the need to also protect intellectual property. As more and more content is shared online, the need to protect the rights of one’s content and property–including trademarks and patents–have also become increasingly necessary.
Cyber crime: With every digital innovation, the nature of crimes that can occur online also become more and more complex. Addressing and resolving cyber crimes is critical in order for us to enjoy the benefits of a digitally connected society.
Online Privacy And Data Protection: What Can You Control?
Knowing which cyber laws help to keep your data safe is crucial if you want to have control over your personal information. Some of the most important cyber laws around online privacy and data protection that you should know about are given below:
General Data Protection Regulation (GDPR)
Implemented by the European Union, the GDPR is one of the most comprehensive sets of cyber laws that aim to maximize data protection of individuals. Under the GDPR, individuals have major control over what personal information can be shared, and how they may be used.
For businesses that have any activity in Europe, non-compliance with GDPR can lead to significant fines and charges that could negatively impact their operations.
California Consumer Privacy Act (CCPA)
While GDPR is one of the more stricter cyber laws in Europe, the California Consumer Privacy Act (CCPA) is another set of comprehensive data privacy laws that are implemented in the U.S. While the CCPA may not be as strict as GDPR, it does allow residents of California substantial control over the use of their personal information, and the ability to delete their personal data upon request.
Children’s Online Privacy Protection Act (COPPA)
Since minors are particularly vulnerable to cyber crime, protecting their privacy is of utmost importance. The Children’s Online Privacy Protection Act (COPPA), which was implemented in the U.S. in 1998, aims to ensure the data privacy of minors and safeguarding them from unethical behavior.
Electronic Communications Privacy Act (ECPA)
Laws revolving around data privacy do not only apply to what is shared on the internet–but also on other digital mediums such as telephone conversations, text messages, etc. The Electronic Communications Privacy Act (ECPA) ensures that personal information that is transmitted through electronic communications is protected.
How To Protect Your Intellectual Property In The Digital Age?
As more and more content is shared online, it’s crucial to familiarize yourself with the laws around protecting intellectual property. Some of the key aspects of intellectual property protection are:
Copyright laws: These laws protect ownership of original works. It includes written works, musical, artistic works as well as digital content such as websites, blog posts, social media posts etc. Since it is quite challenging to fully control and monitor the sharing and distribution of digital content, cases of copyright infringement have led to many lawsuits and legal battles over the years.
Patents: Patent laws are primarily concerned with protecting both inventions and innovations across many industries, including software or technological inventions and innovations.
Trademarks: Trademarks prevent the unlawful use of a business’s logo, brand names, slogans in the digital space. Under cyber law regulations, trademark laws also include domain name disputes and issues of “cybersquatting”--where individuals register domain names of well-known businesses and misuse them.
Over the past few years, there have been many instances of legal disputes over intellectual property rights. In December 2023 for example, the New York Times sued OpenAI and Microsoft, an important investor of OpenAI, for copyright infringement. Another example can be of Coke Zero, and the legal battles that took place between Coca-Cola and Pepsi over the use of the trademark “Zero” for their products.
Cybercrime And Security: How To Protect Yourself Online
Aside from laws governing data protection and intellectual property protection, cyber security laws also exist to prevent crimes happening through the use of digital technology. These include preventing illegal activities such as hacking, phishing, identity theft, online fraud, etc. Some of these laws are given below.
Computer Fraud and Abuse Act (CFAA): The CFAA is a U.S. law that prohibits unauthorized access to computer systems. It aims to prevent a wide range of cyber crimes, from hacking, phishing, identity theft, unauthorized distribution of personal information, etc.
EU Cyber Resilience ACT (CRA): The CRA is a law that protects individuals and businesses who purchase any product or software containing digital components. It imposes cybersecurity requirements for the manufacturers and retailers of such products, and ensures that the protection extends throughout the product lifecycle.
The legal ramifications for non-compliance with cybersecurity laws can be severe. Penalties can range from hefty fines to imprisonment. It is therefore important to make sure your business activities are in compliance with such laws to avoid legal disputes and battles.
Some helpful tips for complying with cybersecurity laws are given below:
Conduct regular risk assessments.
Monitor and audit your digital environment for compliance.
Implement security controls such as data encryption, firewalls, etc.
Keep accurate data inventory and update as needed.
Form a team of experts to continuously assess the situation.
Laws Around E-Commerce And Consumer Protection
In addition to protecting data, intellectual property and preventing crimes, cyber laws also ensure consumer protection by passing regulations and laws around e-Commerce.
For example, under the Federal Trade Commission Act (FTCA), any kind of deceptive or unfair practices in commerce, including online transactions, are made unlawful. Similarly, the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) legally recognizes electronic signatures, and makes it possible to enforce contracts and agreements made online.
In addition to these, cyber laws around e-Commerce also require that online sellers are transparent in their advertising of products so consumers are not misled or deceived. All of these aims to ensure that consumers are protected when they interact with businesses in the digital marketplace.
With the way technology is evolving every day, cyber laws will also evolve to ensure continued protection of individuals and businesses as they interact with each other in the digital space. As a result, those in the legal profession should also aim to keep up with the changes in cyber laws and policies, so that the online world can remain a safe space for all.
If you need professional expertise in understanding cyber laws, or have concerns that fall under the jurisdiction of cyber laws, you can reach out to UpCounsel for support and assistance. From patent lawyers, copyright lawyers, intellectual property lawyers to internet lawyers, UpCounsel has the resources you need to learn how to navigate the laws in the digital world.
