The Internet:
Introduction
The internet is one of the most prominent technological reforms of our age. It would not be wrong to say that it revolutionized human beings’ way of living like never before. Succeeding the invention of the telegraph, the telephone, the radio, and the computer, the internet outshined its predecessors and changed our perspective on computers and communication forever.
It is a world-wide broadcasting capability, an apparatus to disseminate information, and an agency to interact and collaborate for individuals, all at once. The internet does not pay any regard to the geographical locations of a person. It reflects a triumphant example of the benefits of sustained research and investment and the evolution of information and communication infrastructure.
For all its positives and benefits, the internet has a grim side too. The availability of a considerable amount of information gives way to its misuse as well. Identity theft, where an individual pretends to be someone they are not, is also common. Hacking, spreading hate, and instigating terrorism, phishing, distribution of child pornography, and grooming are all forms of cybercrimes.[1]
Cybercrime is a criminal activity committed by either an organization or an individual that either uses or targets a computer, a computer network, or any device with a network connection. Cyber-criminals or hackers commit most cybercrime, but not all of them. Alternatively stated, any crime that involves a computer or a network is a cybercrime.[2]
Brief History of the Internet and Cyber Laws
J.C.R. Licklider of MIT, in August of 1962, wrote a series of memos through networking. He envisaged a globally interconnected set of computers through which each individual could have expeditious access to data or various programs from anywhere and any site. The internet, as of now, is something along the lines of what Licklider had in vision. Leonard Kleinrock’s paper on packet switching theory was another significant step in computer networking; however, it focused on using packets rather than circuits.[3]
The U.S. Department of Defense-funded the internet’s first functional prototype, known as Advanced Research Projects Agency Network, or ARPANET. Released in the late 1960s, the technology continued to grow in the 1970s.[4] Scientists Robert Kahn and Vinton Cerf developed Transmission Control Protocol and Internet Protocol, more commonly known as TCP/IP, that established a standard for how data could be transmitted between multiple networks.[5]
On January 1, 1983, ARPANET adopted TCP/IP, and soon after, researchers began to assemble the ‘network of networks’ that transformed into the internet that we now know. The internet and the online world took a more tangible and recognizable form when Tim Berners-Lee developed the World Wide Web in 1990.[6]
The adoption of the UN General Assembly’ resolution dated January 30, 1997, laid the basis for the Information Technology Act. The Department of Electronics (DoE) drafted the Bill in 1998 introduced in the House on December 16, 1999, when the recent IT Ministry was formed. It went through specific alterations on the commerce industry’s suggestions, which concerned e-commerce and the World Trade Organisation (WTO) obligations.[7]
After being presented before the Parliament, the Bill was referred to the Parliamentary Standing Committee to answer the demands and recommendations of its Members. One of the most basic and contested proposition was that a cyber cafe owner must record every individual who visits to keep a check on cybercrime and swiftly locate the cyber-criminal. However, in its final draft, the IT Ministry dropped the suggestion on account of being mocked for its privacy-invasive tendencies.[8]
Internet: A Legal Perspective
Information technology, the internet, access to online data, and online communication and networking are evolving rapidly and are considered attractive and appealing in most aspects of our lives. As essential as a computer and internet access is in our lives, people involved in cybercrimes are also a part of it, which cannot be ignored. Technical expertise and education are vital for our law enforcement to preserve their pace with various kinds of criminal elements.
One of the most prominent predicaments in this scenario arises when educating people on cyber laws and cybercrimes. There needs to be awareness and an unbiased understanding of cyber and security practices such as handling sensitive personal information online, securing banking transactions in online banking and e-commerce websites, implementing firewalls, and anti-virus software.[9]
Cyber laws, like any other regulation or policy, must be abided by in our everyday life. Cyber laws apply only to the internet and the technologies which concern it.[10] They are meant to maintain order, equity, and integrity in the cyber world. Cyberlaw provides legal protection to people, including regular citizens, organizations, authoritative bodies, an association of persons, and businesses, using the internet. A person must be mindful of the cyber laws of their country.
Cyber laws incorporate various areas such as scam or treachery, copyrighting issues that are predominant in the digital era, online insults and degradation, cyberbullying, gender-based violence that is also frequently given the internet provides unparalleled anonymity to a user, and online harassment and stalking.[11]
India’s Position Regarding Cyber Laws
Both houses of the Indian Parliament passed the Information Technology Bill in May 2000. The President signed the Bill in August 2000, and became known as the Information Technology Act, 2000 (hereinafter called as the IT Act). IT Act, and its Amendment set out cyber laws. The Act’s purpose is to provide the legal infrastructure for e-commerce in India. Furthermore, cyber-laws have a considerable influence on e-business and the digital economy in India. Therefore, it gets essential to understand the different viewpoints of the IT Act, 2000, and what it provides.
The Information Technology Act, 2000, also provides the legal framework so that legal sanctity is in accordance with all electronic records and other activities carried out by electronic means. The Act specifies that, unless otherwise accepted, the contract’s approval must be communicated by electronic means of communication and shall be legally binding and enforceable.
Satellite Communication
Introduction
In telecommunication, satellite communication is the employment of artificial satellites to provide links for communication between different points on Earth. At present, around 2000 artificial satellites orbiting Earth convey analog and digital signals that relay voice, videos, and other data from one or more locations anywhere in the world to others.
The two main components which form part of satellite communication are the ground segment and the space segment. The ground segment is made of fixed or mobile transmission, and reception and ancillary equipment. The space segment comprises of the satellite itself.
A standard satellite link involves the uplinking or transmission of a signal from an Earth station to a satellite. When the satellite receives this signal it amplifies it and transmits it back to the Earth where it is acquired and further amplified by the Earth stations and various terminals.
History of Satellite Communication
The idea to communicate through a satellite first appeared in Edward Everett Hale’s short story, ‘The Brick Moon,’ published in 1869-70. The first pragmatic concept of satellite communication was put forward by Arthur C. Clarke in 1945. He suggested that a satellite at an altitude of 35,786 km from the Earth’s surface would be moving at the same speed as Earth’s rotation.
On October 04, 1957, the first artificial satellite Sputnik 1 was launched by the Soviet Union. The launch sparked the commencement of the Space Race between the Soviet Union and the United States. However, it could transmit signals to the Earth for only 22 days before its battery ran out.
The U.S. Government’s Project ‘Signal Communication by Orbiting Relay Equipment’ (SCORE) was the first satellite to carry voice messages. This was followed by NASA’s establishment which led to the launch of satellites Echo 1 and Echo 2 in 1960 and 1964 respectively. The first active, two-way communication satellite was Telstar 1, developed by American engineer John Pierce of AT&T’s Bell Labs and his team. It could transmit live television images between North America and Europe and the first phone call via satellite. Syncom 3, the first satellite in the geostationary orbit, launched in 1964 broadcast that year’s Olympic Games from Tokyo, Japan, to the United States, and it was the first major sporting event to be broadcast through a satellite.[12]
The potential ability of a satellite for development and to reach remote regions drew the attention of other countries and led them to establish and manage their national satellite systems. After the Soviet Union and the US, Canada launched its communication satellite, Anik 1, in 1972, which was followed by Indonesia’s Palapa 1 in 1976.
Ariane Passenger Payload Experiment (APPLE) was India’s first communication satellite launched in 1981. It was used in various communication experiments including radio networking, and relaying TV programs.[13]
Legal Aspects of Satellite Communication
Indian Satellite Communication Policy
The Department of Space, in collaboration with the Department of Telecommunications and the Department of Science and Technology, developed the Satellite Communications Policy in 1997 (SATCOM Policy). Through the SATCOM policy, the government’s goal was to build a strong satellite communications service industry in India, and thus the focus of the policy was on (a) developing the satellite communications, launch vehicles, and ground equipment industry in India; (b) making the infrastructure developed through the Indian National Satellite System (INSAT) accessible to a larger segment of the economy; (c) encouraging the growth of the infrastructure.[14] The structure of the SATCOM policy also provided a road map to authorize INSAT capacity to be leased to non-government parties, to allow Indian parties to provide services such as TV linkage through Indian satellites, to authorize the Indian administration to notify and register satellite systems and networks, and to authorize the operation of foreign satellites from India.[15]
As the SATCOM policy did not define how the policy should be enforced, in 2000 the Department of Space formulated the requirements, guidelines, and procedures for the implementation of the SATCOM policy system. The standards and guidelines issued by the Department of Space centered on the use and growth of the INSAT network, the preferential treatment of Indian satellites, the allocation of capacity for the use of Indian satellites by private market players, etc.
However, both the SATCOM policy and the subsequent guidelines, following their initial hype, failed to generate private participation due to lack of transparency and government interference, including from the Indian Space Research Organization (ISRO).[16] Just a few applications for the establishment of Indian satellite systems have been submitted with ISRO and fewer breakthroughs. As a result, the Indian space industry continues to be entirely Government-controlled, managed, and run. Satellite contact is also regulated by the SATCOM Policy and the standards and guidelines set out in 2000.
International Space Law and Satellite Communication
International Space Law is a branch of the public international law that directly addresses the operation of a satellite in satellite communication. It comprises of a handful of treaties that originated in the UN and other essentially UN-derived legal developments.[17]
All human activities implemented in the outer space, whether it requires the presence of a human being in the outer space or not, are legally governed by whatever applicable rules, regulations, and obligations that these laws may provide. Certain treaties are most prominent in their governance of the international space law; these are:
1. The 1967 Outer Space Treaty
Article II of the Treaty states that outer space, including the Moon and other celestial bodies are not subject to appropriation by any claim of sovereignty by virtue of use or occupation, or by any other means. Therefore, outer space is a realm beyond national territorial jurisdiction, somewhat similar to the high seas.[18]
The Outer Space Treaty provides the imposition of limitations to any potential unrestricted freedom to act in outer space by necessitating that all space activities are carried out in accordance with general international law.[19] It also imposes limitations on military uses.[20]
The 1972 Liability Convention
The Liability Convention has taken almost five years to be concluded since the entry into force of the Outer Space Treaty and is ratified by as many as 92 Nations as of now.
It states that the ‘launching State’ shall be liable for the damage caused by any space object. A launching State includes:
- A State which launches or procures the launching of a space object; and
- A state from whose territory or facility a space object is launched.[21]
The application of the damage is limited to what is caused by the space object;[22] radio interference is not covered under the same, and hence is not compensable. The Liability Convention only addresses ‘international liability’ and does not engage in any damage that is caused to the nationals of the launching State. International liability involves one or more States on one side and one or more States on the other.[23]
The 1975 Registration Convention
The Convention necessitates the establishment of a national register for the registration of any space object of which they are the launching State.[24]
The State must then inform the UN-Secretary General of the constitution of such a national register. [25]Where two or more States qualify as the launching State of a space object, they shall decide which State will register the object.[26]
Conclusion
Both the Internet and satellite communication have brought about monumental changes in our lifestyle. It would be impossible to imagine a world now where we are not engaging with either the Internet or satellite communication. Technology, being evolved so rapidly, requires governance of the same. It is not wrong to say that not everything only has a favorable side, but that doesn’t imply that we disregard any technological reform. Governance of the same will help us adopt such reforms more efficiently.
Increasing complications, extension, and impact of the Internet and satellite communication in the present world, and the legal rules that apply to them stem from a variety of sources. The operators in these sectors must be aware of the law and ensure that they are operating within their boundaries.
References:
[1] Forms of Cybercrime, GOVERNMENT OF NETHERLANDS, https://www.government.nl/topics/cybercrime/forms-of-cybercrime.
[2] Tips on How to Protect Yourself Against Cybercrime, KASPERSKY, https://www.kaspersky.co.in/resource-center/threats/what-is-cybercrime
[3] Brief history of The Internet, INTERNET SOCIETY,https://www.internetsociety.org/internet/history-internet/brief-history-internet/
[4] Ibid.
[5] Evan Andrews, Who Invented The Internet?, HISTORY, https://www.history.com/news/who-invented-the-internet#:~:text=The%20first%20workable%20prototype%20of,Advanced%20Research%20Projects%20Agency%20Network.&text=ARPANET%20adopted%20TCP%2FIP%20on,that%20became%20the%20modern%20Internet.
[6] Ibid.
[7] Cyber Law in India: Meaning, Introduction, History, Need, Important Terms and Amendments, LEGAL DESIRE (April 13, 2020, 09:58 AM), https://legaldesire.com/cyber-law-in-india-meaning-introduction-history-need-important-terms-and-amendments/
[8] Ibid.
[9] Kratikala Academy, What is Cyber Law and Why Is It Important?, MEDIUM (March 26, 2020), https://medium.com/@kratikalacademy/what-is-cyber-law-and-why-it-is-important-e21d76d74f47
[10] Ayush Verma, Importance of Data Protection and Privacy Policies in Cyber Law, IPLEADERS (March 29, 2020), https://blog.ipleaders.in/data-protection-and-privacy-policies-in-cyber-law/
[11] Supra note 9.
[12] Virgil Labrador, Satellite Communication, BRITANNICA, https://www.britannica.com/technology/satellite-communication
[13] India’s First Communication Satellite – APPLE, ISRO, https://www.isro.gov.in/indian-first-communication-satellite-%E2%80%93-apple
[14] ISRO, https://www.isro.gov.in/sites/default/files/article-files/indias-space-policy-0/satcom-ngp.pdf.
[15] Seema Jhingan & Khyati Bhatia, Indian Satellite Communication Policy: The Recent Reforms, MONDAQ (Jul. 06, 2020), https://www.mondaq.com/india/constitutional-administrative-law/962230/indian-satellite-communication-policy-the-recent-reforms
[16] Ibid.
[17] Frans G. von der Dunk, Legal Aspects of Satellite Communication – A Mini Handbook, 4 JTBL 1, 4 (2015).
[18] See Arts 86-120, United Nations Convention on the Law of the Sea.
[19] The Outer Space Treaty, Art III.
[20] Ibid at Art IV.
[21] Liability Convention, Art I(c).
[22] Ibid. at Art II.
[23] Ibid at Art VII.
[24] The Registration Convention, Art II(1).
[25] Ibid.
[26] Supra note 24 at Art IV.
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