The primary theme of cybersecurity, or in other words Information technology (IT) security, is the practice of protecting critical systems and sensitive data from digital attacks. The expansive nature of Internet development has provoked the establishment of a Cyber legislature for the purpose to ensure cybersecurity. As of early 2021, the number of people that use the internet is over 4.66 billion and this index is rising by around 7% annually, which consequently means that this number is increasing by approximately 8,75,000 new users every day. Given this proportional rapid increase in the use of Cyberspace, implementation and the usage of severe cyber rules promotes the launch of a secure and safe environment for the users.
Cyber law is one of the most recent additions to the legal system. The Cyber law definition constitutes that it is a legal system implemented to deal with computing, cyberspace, and related legal issues surrounding the internet by providing protection. The evolving cyber-crime landscape and resulting skills gaps are an important challenge for law enforcement agencies and prosecutors.
Cyber law includes the aspects of intellectual property, contract, jurisdiction, data protection laws, privacy, and freedom of expression. It interconnects to the digital circulation of software, information, online security, and e-commerce. Some areas in cyber law enjoy more regard than others, mainly Net neutrality, free speech, and censorship on the internet. Net neutrality is a principle that adjusts the infrastructure of the Internet. It constitutes that Internet service providers need to treat all Internet communication equally and they cannot discriminate based on the user, content, platform, equipment, source address, or method of communication. According to this principle, Internet service providers are forbidden from intentionally blocking, slowing down service, or charging for specific content. Article 19 of the Universal Declaration of Human Rights demands freedom of expression in any form of media. While the majority of people respectfully use this freedom, there are still several cases that have challenged it. Obscene internet posts, libel, slander, and the distribution of illegal content have all debriefed the limits of freedom of speech on the internet. Additionally, Internet censorship refers to what can be accessed, published, or seen on the internet. Internet users can get censored for several reasons: moral, business, intimidation, and fear of legal consequences.
The volume to which nations censor citizens’ Internet access differs from country to country. Most democratic nations have only moderate scopes of censorship. However, there are ample restrictions that limit the amount of information its citizens can access, in other states, such as China, with the most advanced and sophisticated internet censorship structure. The main aim of this type of internet censorship is to limit discussion between citizens on issues regarding the government. The UN Security Council has failed to reach a consensus on the rules and behaviour of states in cyberspace, which speaks scopes. These countries are demanding greater control over their cyberspace to underpin their national security and economic interests in cybersecurity.
Taking into consideration the dynamic, structured, and interactive nature of cyberspace, legislative approaches to this field are constructive. In the context of International Cyber Law, there should be highlighted several deficiencies related to methods of approach. For instance, because technological development is a swiftly evolving sphere, standard implementations may be very much behind technological advancement. Additionally, when we are claiming the premise that the internet is wide open and has no physical boundaries, conflicts of laws, statutory or legal issues occur, specifically about the significance and definitions of privacy and freedom of speech, when the law is enforced at a national level. It should also be noted that the scope of framework limitations can weaken the international collaboration process, because of the suffering from lack of laws or agreements on specific aspects of specific issues, often within the same jurisdiction. Even though, the main challenge regarding International Cyber Law remains the fact that binding and well-directed international law does not often apply effectively to states that are granted access to challenges that take place outside the spheres of public international law in terms of jurisdiction, arbitration, legal instruments, and jurisprudence. For instance, international law in cyberspace is nowadays backward in the scope of what it obliges on state actors.
Following statistics published by the United Nations Conference on Trade and Development, Europe has the highest adoption rate of cyber legislation (93 percent), while Asia and the Pacific have the lowest adoption rate (55 percent). 154 countries (79 percent) have enacted cybercrime legislation, 5% of countries have draft-level legislation, 13% of countries don’t have legislative approaches at all, while we have no information regarding 2% of the countries.