CYBERSECURITY AND ITS LEGAL FRAMEWORK
INTRODUCTION
With everything being digital today, cybersecurity needs no introduction as it concerns
individuals, corporations, and governments. The rapid advancement of technology and the
internet has introduced comfort to life, while it also posed challenges in terms of a myriad of
cyber threats-hacking, data breaches, ransomware, and phishing. To put things into perspective,
Cybersecurity Ventures (2021) stated that the cumulative cost of global cybercrime might reach
$10.5 trillion a year by 2025, warranting the immediate need for strong security assurances. To
counter these threats, many nations have started formulating legal statutes to provide protection
for digital property and accountability in cyberspace. For instance, the General Data Protection
Regulation (GDPR) of the European Union sets stringent rules for data protection and privacy,
while the Cybersecurity Information Sharing Act (CISA) in the United States promotes the
exchange of cyber threat information between the private and public sectors. The IT Act of India,
2000, also confers legal recognition on all transactions considered electronic while at the same
time addressing cybercrimes. These regimes strengthen security in the digital environment
through compliance, punishment, and protection of stakeholders. This article discusses the
fluctuations in the world of cybersecurity and the legal framework that surrounds it in various
jurisdictions to provide a thorough analysis of the countermeasures being put in place against the
rising threat of cybercrime.1
HISTORY OF CYBER SECURITY
Cybercrime has been something that existed back in the day. Security threats existed already
when computer systems appeared. Thus, some hackers or rather criminals must have come along
a long time ago. Cyber attacks were almost impossible to undertake for nearly the next 20 years
1 Government of India. (2000). The Information Technology Act, 2000. Retrieved from
https://www.meity.gov.in
after the conception of the first electronic digital computer in 1943. Very few groups of humans
had access to these mammoth computers which were not interconnected and whose functional
intricacies were theoretically known only to very few people, thereby rendering the threat null
and void.2
It is somewhat amusing to think that computer pioneer John von Neumann first
brought up the possibility of a computer program reproducing itself in 1949, the launching of a
theory behind computer viruses. It is said that by the late 1950s, phone phreaking became quite a
significant fascination for amateurs and professionals in the field. Up until the middle of the
1960s, most computers were large mainframes kept in restrictive environments and operated by
temperature control. The four walls of the installation were free for entry, but secure unless you
were a mainframe program. The price issue restricted access even for programmers. Most of the
alleged hacking activity of this decade happened in the 60s. It did not originally involve
computers but rather some individuals’ proven violation of the high-tech train sets owned by the
MIT Tech Model Railroad Club for structural and design change.3 Nonetheless hacking into
these early systems did not appear to be a “big business.” The aim of these early hacking
incidents was chiefly to get unauthorized system access. There were no ways to exploit any
political or pecuniary gains from hacking. Hacking in its early stages was largely about opening
up the lines of communication between differing parties.4
RELEVANCE
Cybersecurity protects internet-connected devices and data against unauthorized access,
destruction, or modification. Cyber threats like phishing, ransomware, and identity theft pose a
big danger to the populace. Cyber threats recognize no national borders. It may originate in one
2 BhadwalShare, A. and Bhadwal, A. (2022) The history of cyber security: A detailed guide [updated],
knowledgehut. Available at: https://www.knowledgehut.com/blog/security/history-of-cyber-security
(Accessed: 25 January 2025).
3 Cybersecurity history: Hacking & Data breaches (no date) Monroe University. Available at:
https://www.monroecollege.edu/news/cybersecurity-history-hacking-data-breaches (Accessed: 25 January 2025).
4 Smith, K. (2024) A history of cybersecurity and Cyber Threats, Coro Cybersecurity. Available at:
https://www.coro.net/blog/history-of-cybersecurity-and-cyber-threats (Accessed: 25 January 2025).
part of the globe and target thousands of miles away. Cybersecurity, in its broadest sense, is all
about guarding connected devices and data from unauthorized access, destruction, or alteration.
There are threats posed by phishers, ransomware criminals, and identity theft. Cybercrime
follows no national boundaries. Digital assaults can easily travel across continents.5
Components of global cybersecurity law:
The General Data Protection Regulation [GDPR]: started by the EU, the GDPR has become a
paradigm for data protection around the world.
California Consumer Privacy Act [CCPA]: Being an American-born statute with such
comprehensive scope; therefore, many businesses were encouraged to adopt CCPA principles in
order to have a uniform set of data protection practices.6
Emerging regional regulations: These regulations are characterized, on top of the local
idiosyncrasies, by the differing paths pursued by governments in their attempt to counter
challenges ushered into being by the digital age. While the UN articulates norms and principles
for responsible behavior of states in cyberspace, the UN urges member states to comply with the
agreed-upon principles, including respecting the sovereignty of other states and refraining from
acts that will undermine the integrity of cyberspace.
5. (No date) Cybersecurity andNew Technologies. Available at:
https://www.un.org/counterterrorism/sites/www.un.org.counterterrorism/files/unoct_establi
shing_legislative_framework_web.pdf (Accessed: 30 January 2025).
6. BhadwalShare, A. and Bhadwal, A. (2022) The history of cyber security: A detailed guide
[updated], knowledgehut. Available at:
https://www.knowledgehut.com/blog/security/history-of-cyber-security (Accessed: 25
January 2025).
Compliance strategies:
The digital environment is likened to a continuously shifting battlefield with the emergence of
new forms of threats as the days go by, thus, in a bid to stay ahead; organizations must
periodically carry out cybersecurity audits and assessments. 7
Establishing strong cyber security: A strong cybersecurity policy constitutes the backbone of an
organization’s defense against cyber threats. It defines the guidelines, procedural steps and
assignable responsibilities necessary for the protection of sensitive information and for
compliance with worldwide cybersecurity legislation.
Case law: A landmark move wherein the U.S. Securities and Exchange Commission charged
solar Winds with fraud, together with its former Chief Information Security Officer Timothy
Brown, for violations of acceptance of the company’s cybersecurity practices leading to the2010
cyber attack.8
CONCLUSION
Cybersecurity has turned into a lifeline of sorts in this digitalized age, driving everything from
communication to commerce to governance. Cyber threats have become frequent and
sophisticated enough those individuals, organizations, and governments must now adopt a
watchful and proactive approach. Laws such as the GDPR, CCPA, or the Information
Technology Act in India, along with multi-national initiatives, become indispensable in the
7 Brands, M. (2023) Cybersecurity Laws & Regulations, ConnectWise. Available at:
https://www.connectwise.com/blog/cybersecurity/cybersecurity-laws-and-legislation
(Accessed: 30 January 2025).
8 Malaguti, M.C. (no date) Legal framework for cybersecurity in the Financial Sector : A
comparative study on existing domestic or regional legislation on cybersecurity, World
Bank. Available at: https://documents.worldbank.org/en/publication/documentsreports/documentdetail/099735005172232846/p1647700ca3dbe0b30a3680c806c4563a93
(Accessed: 30 January 2025).
protection of the digital ecosystem and the assignment of responsibilities for malicious activities
in cyberspace. As the digital environment continues to change, abiding by international laws on
cybersecurity, conducting periodic security audits, and formulating strong cybersecurity policies
are three key strategies in combating risks. Cases like SEC v. Solar Winds are illustrating the
growing trend toward holding corporations accountable for their negligence in cybersecurity
practices. To complement the creation of a secure cyberspace, collaboration should be ongoing
among states, private parties, and international non-governmental organizations. Enhancing the
legal framework, advancing best practice, and fostering a culture of cyber-awareness give
society the tools to navigate the architectonics of the digital age and have a safer cyberspace for
posterity.
Written by Priti Pandey; Anamika Sahay.
