This article is written by Ms. Tanishka Nigam, a 3rd year student of Narsee Monjee Institute of Management Studies, Bangalore.

ABSTRACT

The article examines the crucial role of technology in combating the increasing menace of cyber piracy, with a specific emphasis on legal frameworks and practical implementations. This article adds to the continuing discussion on utilizing technology to protect digital domains. This highlights the importance of adapting legal frameworks to keep up with the ever-changing nature of cyber threats, while utilizing technical advancements to strengthen the ability of digital ecosystems to withstand the ongoing problem of cyber piracy. Advanced encryption, threat intelligence systems, and anomaly detection powered by artificial intelligence are crucial elements in strengthening digital defenses. The essay also discusses the ethical aspects and privacy issues related to the implementation of modern technology in the fight against cyber piracy.

INTRODUCTION

The surge in cyber and digital piracy has had a severe influence on the interconnected nature of global technology and trade, which has occurred in the middle of the rapid progress of digital environments. As the technical skills of criminals continue to expand, it is becoming increasingly necessary to have a comprehensive understanding of the ways in which technology may be utilised to prevent and deal with cyber dangers. The purpose of this article is to investigate the link between legal frameworks and practical applications in the context of preventing and responding to piracy, particularly in the area of cyber and digital piracy. It places an emphasis on the part that technology plays in this endeavor. 

Cyber piracy, an umbrella term for a range of illicit activities including data breaches and the misappropriation of digital intellectual property, has emerged as a constant concern for governments, organisations, and individuals alike. The traditional legal frameworks are struggling to match the agility and astuteness of cyber attackers in a constantly evolving environment. Therefore, it is necessary to promptly examine and revise current legal systems in order to effectively combat cyber piracy, while also embracing innovative technological solutions.

It should come as no surprise that cyber resilience is becoming increasingly important, which calls for legislative modifications as well as the seamless implementation of technological solutions. By conducting an in-depth investigation of these multifaceted aspects, the purpose of this study is to contribute to the ongoing conversation about safeguarding our digital future from persistent and emerging cyber and digital piracy vulnerabilities.

PIRACY AS A MAJOR ISSUE

The importance of international law in the realm of cyberspace has grown more important as a result of the increased attention of nations on the administration of cyberspace, both in terms of the technological infrastructure of cyberspace and the manner in which it is exploited by governments, industry, and users. . Lack of clear norms; (ii) basic differences; (iii) difficulties with interpretation; (iv) establishing responsibility; and (v) guaranteeing accountability are the five main areas where international law is applied to cyberspace.

 When there aren’t any cyber-specific treaties in place, the enforcement of international law must rely on the principles of customary international law, which are the accepted norms and practices of nations. Because governments did not communicate with one another for a long time, it was hard to comprehend their cyber acts and how they interpreted international law.

A growing number of states have made their voices heard on the matter in the last several years. United States policymakers have been making public statements outlining their views in a series of speeches and proclamations since 2012. In 2018, the UK’s Attorney General made a landmark statement outlining the country’s stance. Later on, more (mostly European) nations began to offer their own in-depth perspectives; they included the Netherlands, France, Germany, Estonia, and Finland. A growing number of nations are expressing their opinions on cyber law through current UN and regional forum efforts, such as the Organisation of American States (OAS). However, the vast majority of countries have been mum on the matter.

Accountability continues to pose a difficulty, notwithstanding the growing frequency of attributions of cyber actions that are supported or owned by states. Governments seldom invoke international law when accusing other nations of engaging in damaging cyber activities. The absence of terminology pertaining to international law may create the perception that the activity is permissible, yet being undesired. Moreover, the accused’s behaviour has not undergone substantial changes as a result of the public exposure and condemnation. However, this situation may shed insight on how international law is defined and implemented in the realm of internet. Several governments have been endeavouring to establish coalitions in order to strengthen accountability through collaborative accusations and sanctions. So far, however, these efforts have not given priority to implementing the criteria for measuring malicious cyber behaviour or the tools (such as countermeasures) for addressing its violation that are specified in international law.

FIGHTING PIRACY IN DIGITAL AGE: LATEST TECHNOLOGIES AND STRATEGIES

When it comes to the fight against movie piracy, technological gadgets are very necessary, just as legal methods. Methods that are under development to combat illegal video downloading The term “digital rights management” (DRM) refers to a method that is employed to protect digital information that is protected by copyright from being copied and distributed without authorization. In order to restrict access to material and discourage users from creating unauthorised duplicates, digital rights management (DRM) systems make use of encryption.
In order to determine who the owner of a video is, a technique known as watermarking is utilised. This technique includes the incorporation of an invisible digital mark into the video. The owners of content now have the capacity to track the spread of unauthorised copies of their work and determine where those copies originated.  Identifying content with the use of techniques: Web sites that allow users to share videos make use of content identification algorithms in order to automatically recognise and delete content that is prohibited. In order to identify any instances of resemblance between the films that have been uploaded and a database of content that is protected by intellectual property rights, these systems make use of complex algorithms.

Software that prevents piracy: P2P file-sharing networks are monitored by anti-piracy software in order to identify individuals or groups that are involved in the illicit distribution of information that is protected by intellectual property rights.  In the context of the internet, geoblocking refers to a technique that restricts access to content depending on the user’s geographical location. The usage of this can be put to use to prevent people from accessing content that is illegal in areas where it is prohibited. Pirates are constantly modifying their technical tools in order to combat different techniques of circumvention that are developing. Those who are responsible for the production and distribution of material have a responsibility to ensure that their work is adequately protected by staying current with the evolution of technology.

LEGAL PERSECTIVE FOR COUNTERING PIRACY

Navigating the complex landscape of laws, treaties, and cooperation agreements is necessary to address internet piracy from a legal perspective on a worldwide basis. The commerce-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is a treaty that addresses the preservation and enforcement of IP rights in cross-border commerce. The World Trade Organisation (WTO) enforces the TRIPS agreement, which defines the fundamental standards for many forms of IP, including copyrights. Every country that is a part of the World Trade Organisation (WTO) has a responsibility to follow the TRIPS Agreement. Berne Convention for the Protection of Literary and Creative Works lays out some ground rules for protecting writers’ rights. The concept of “national treatment” is put in place, which means that all member states must provide writers from other member nations the same rights as them. The challenges of the digital environment have been addressed by the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, which set modern worldwide standards for copyright protection in the digital age. Acts passed by the federal government It is imperative that countries pass robust domestic legislation that criminalises internet piracy, sets clear penalties, and creates efficient systems to protect intellectual property. Unauthorised duplication, distribution, and public display of copyrighted works should all be covered under the rule. 

Express your endorsement for the Anti-Counterfeiting Trade Agreement (ACTA) and other industry-specific groups and initiatives that strive to combat online piracy. Facilitating collaborations across non-governmental organisations (NGOs), government agencies, and industry groupings is crucial for the development and implementation of impactful programmes. The efficacy of these measures is contingent upon the willingness of nations to collaborate and the allocation of resources towards enforcement endeavours. International cooperation is essential in tackling the cross-border nature of internet piracy.

CONCLUSION

The intricate correlation between legislation and emerging technology is a pivotal determinant in the battle against cyber piracy, an escalating issue of utmost gravity. This essay explores the significance of technology in safeguarding digital domains, as well as the imperative need for adaptable legal frameworks to address evolving cyber threats. Efforts to strengthen digital defences are being enhanced through research on threat intelligence systems, anomaly detection driven by artificial intelligence, and advanced encryption techniques. The phenomenon of cyber piracy poses substantial challenges, and there is an increasing demand for international collaboration. Upon examining the TRIPS Agreement, the Berne Convention, and the WIPO Treaties, among other relevant documents, it becomes evident that there exists a global endeavour to establish fundamental criteria for safeguarding intellectual property. Furthermore, the issue of national legislation underscores the necessity for robust domestic statutes that criminalise piracy and establish effective mechanisms for enforcement.This study examines the ethical implications and privacy concerns that arise from the utilisation of cutting-edge technology to combat cyber piracy, given the constantly evolving landscape of cyber law. To develop comprehensive policies, it is crucial to strike a balance between safeguarding individual rights and promoting technological advancement.

The article also recognises the involvement of NGOs, government agencies, and corporate groups, as well as industry-specific initiatives such as the Anti-Counterfeiting Trade Agreement (ACTA), in collaborative efforts. The allocation of money for enforcement endeavours and the execution of successful projects rely on these cooperation. This post contributes to the ongoing discussion on safeguarding our digital future amidst the emergence of both new and existing cyber threats. The challenges posed by cyber and digital piracy can be effectively addressed via the integration of legal acumen and technological proficiency. In order to effectively address the worldwide scope of internet piracy and establish a resilient digital future capable of overcoming any obstacles, it is imperative that we collaborate as a global community.

REFERENCES

• • This article was originally written by Danilo Almeida, published on dtv.nagra.com. the link for the same is herein https://dtv.nagra.com/fighting-piracy-requires-technological-solutions

• This article was originally published by Manish Jindal, published on bytescare.com. the link for the same is herein https://bytescare.com/blog/anti-piracy-technology-platform

• This article was originally written by Nathan Reiff, published on Investopedia.com. the link for the same is herein https://www.investopedia.com/tech/how-blockchain-can-fight-piracy/

• This article was originally written by Jon Samsel, published on verimatrix.com. the link for the same is herein https://www.verimatrix.com/blog/online-piracy-why-anti-piracy-measures-are-essential/

• This article was originally written by Raslin Saluja, published on blog.ipleader.in. the link for the same is herein https://blog.ipleaders.in/piracy-law-national-approaches-international-legislative-norm/

• This article was originally written by Suksheetha Adulla, published on revidd.com. the link for the same is herein https://www.revidd.com/blogs/fighting-piracy-in-digital-age-latest-technologies-and-strategies

• Professional Life: defending intellectual property rights and thwarting cyber piracy, McCoy Frank, ISBN ISBN : 978-92-3-100081-2, vol.36.
• Cybercrime theory and discerning if there is a crime: the case of digital piracy, Bernat, Frances P., and David Makin, ISBN: 612518527, vol. 23
• The Customary International Law of Cyberspace, Brown, Gary, and Keira Poellet. ISBN: 9780833042996, vol. 6, no. 3
• The Law of Cyber-Attack., Hathaway, Oona A., Rebecca Crootof, Philip Levitz, Haley Nix, Aileen Nowlan, William Perdue, and Julia Spiege, ISBN: 100081-2, vol. 100.