Why Ethical Hacking is Legal?

Everyone knows that our lives in the digital age alternate between cyber dangers and cyber security. Hacking is a sad truth of the modern century in which an unauthorized person uses his computer knowledge and skills to gain access to a computer or a network. A hacker, black hat hacker, or cracker is someone who engages in such activity with the intent of causing unlawful loss to others. Ethical hacking, like diamond cutting, is a preventative activity for hacking, and the person who conducts it is known as an ethical hacker. Theoretically, both are the same because the core idea is to access another's computer data, but the distinction is in the aim and authorization.

Understanding of Concepts

Ethical hacking is a field of research in which computer security specialists discover a system's vulnerabilities and weaknesses with the permission of the system's owner, who is responsible for repairing the problem. As a result, it can be referred to as "good hacking," as it identifies any potential vulnerability in the system and patches them before it is hacked by black-hat hackers. It can also be interpreted as a proactive measure taken by the system's original owner.

"Ethical hacking" has long been a divisive term. Many individuals doubt the term's existence because the concepts of ethics and hacking are mutually exclusive. At the end of the day, hacking is an unauthorized incursion, which has a negative connotation and is seldom seen as an ethical act; hence the phrase is frequently questioned. Penetration testing, intrusion testing, and red teaming are all terms used to describe ethical hacking, but it is not confined to penetration testing.

Trespassing on a computer system, which is an intangible asset, is referred to as hacking. Physical intrusion and physical injury are not always relevant when determining trespass culpability. Computer systems, software, and websites are all considered property nowadays. In the online world, terminology like "homepage," "visiting a website," "domain, or "navigating to a site" is used, implying that websites are owned. As a result, any unauthorized entry onto their property with the intent to harm them may be considered criminal trespass. Because ethical hacking lacks all of the necessary elements, such as the intent to commit an offence or to intimidate, insult, or annoy, it is legal and does not carry any risk.

As a profession, ethical hacking

Cyber security and networking are two of the world's hottest industries right now. Every country in the world strives to make the best use of the Internet. Businesses use the Internet to run and manage their operations. The use of the internet has simplified the work of such organizations, but it also poses a threat to them. As a result, ethical hacking is a relatively young profession that is rapidly expanding. Because India strives to make the most of the Internet, the ideal of a digital country enhances the need for ethical hacking.

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Conclusion

There is no legal definition of ethical hacking in India. Its legitimacy can only be determined after a thorough grasp of the rules governing hacking. Men’s rea, the primary justification for rendering any conduct illegal, is absent in ethical hacking. One of the reasons why ethical hacking is not prohibited in India is because of this. After putting ethical hacking to the test using both civil and criminal law factors, it may be established that ethical hacking is permissible in India.

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