Cyber laws - Ritu Gautam

Cyber laws
By:
Ritu Gautam
Assistant professor
Noida International university

Ritu Gautam
What is cyber space?

• Cyberspace is "the notional environment in which
communication over computer networks occurs.
• The parent term of cyberspace is "cybernetics",
derived from the Ancient Greek κυβερνήτης
• a word introduced by Norbert Wiener for his
pioneering work in electronic communication and
control science
• This word first appeared in the novel Neuromancer
by William Gibson (Page 4, Phantasia Press Edition,
Bloomfield, MI, 1986), one of the first cyberpunk
hardbacks published.
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As a social experience, individuals can
interact, exchange ideas, share information,
provide social support, conduct business,
direct actions, create artistic media, play
games, engage in political discussion, and so
on, using this global network. They are
sometimes referred to as cybernauts. The
term cyberspace has become a conventional
means to describe anything associated with
the Internetand the diverse Internet culture.
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Fundamentals of cyber laws
• Inventions, discoveries, and new technologies
widen the scientific horizon but pose new
challenges for the legal world. The information
technology (brought about by computers, Internet
and cyberspace) has opened new dimensions but
has also created problems in all aspects of law. We
are finding solutions for them. These
solutions―statutory or otherwise―providing
answers to the problems are loosely referred to as
‘Computer Laws’ or ‘Information Technology Laws’
or simply ‘cyber Laws’.
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Jurisprudence of Cyber Law
Jurisprudence studies the concepts of law and
the effect of social norms and regulations on
the development of law.
Jurisprudence refers to two different things.
• 1. The philosophy of law, or legal theory
• 2. Case Law
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Legal theory studies questions such as
1. What is law and legal system?
2. What is the relationship between law and power?
3. What is the relationship between law and justice or
morality?
4. Does every society have a legal system?
5. How should we understand concepts like legal rights
and legal obligations or duties?
6. What is the proper function of law?
7. What sort of acts should be subject to punishment, and
what sort of punishments should be permitted?
8. What rights do we have?
9. What value does the rule of law have?
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Case Law
Case law is the law that is established
through the decisions of the courts and
other officials.
Case law assumes even greater significance
when the wordings of a particular law are
ambiguous. The interpretation of the Courts
helps clarify the real objectives and meaning
of such laws.
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Need for Cyber Law?
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Evolution of Key Terms and
Concepts
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UNCITRAL Model Law
UNCITRAL Model Law
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E-commerce and Modern-era
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What is Commerce
• According to Dictionary.com
• Commerce is a division of trade or
production which deals with the exchange
of goods and services from producer to final
consumer
• It comprises the trading of something of
economic value such as goods, services,
information, or money between two or
more entities.
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What is E-Commerce
• Commonly known as Electronic Marketing.
• “It consist of buying and selling goods and
services over an electronic systems Such as the
internet and other computer networks.”
• “E-commerce is the purchasing, selling and
exchanging goods and services over computer
networks (internet) through which transaction
or terms of sale are performed Electronically.
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TRADITIONAL BUSINESS
DIRECT SELLING
MANF. UNIT
20%
DISTRIBUTOR
10%
WHOLESALER
10%
RETAILER
10%
CUSTOMER
100%
ADVERTISEMENT
50%
CUSTOMERCOMPANY
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Why
Use
E-Commerce
…….?
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• LOW ENTRY COST
• REDUCES TRANSACTION COSTS
• ACCESS TO THE GLOBAL MARKET
• SECURE MARKET SHARE
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Brief
History
Of
E-Commerce
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• 1970s: Electronic Funds Transfer (EFT)
– Used by the banking industry to exchange account
information over secured networks
• Late 1970s and early 1980s: Electronic Data
Interchange (EDI) for e-commerce within
companies
– Used by businesses to transmit data from one business
to another
• 1990s: the World Wide Web on the Internet
provides easy-to-use technology for information
publishing and dissemination
– Cheaper to do business (economies of scale)
– Enable diverse business activities (economies of scope
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The Process
Of
E-Commerce
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• A consumer uses Web browser to connect to
the home page of a merchant's Web site on the
Internet.
• The consumer browses the catalog of products
featured on the site and selects items to
purchase. The selected items are placed in the
electronic equivalent of a shopping cart.
• When the consumer is ready to complete the
purchase of selected items, she provides a bill-
to and ship-to address for purchase and
delivery
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• When the merchant's Web server receives
this information, it computes the total cost
of the order--including tax, shipping, and
handling charges--and then displays the
total to the customer.
• The customer can now provide payment
information, such as a credit card number,
and then submit the order.
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• When the credit card number is validated
and the order is completed at the Commerce
Server site, the merchant's site displays a
receipt confirming the customer's purchase.
• The Commerce Server site then forwards
the order to a Processing Network for
payment processing and fulfillment.
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Types
Of
E-Commerce
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Business-to-business (B2B)
B2B stands for Business to Business. It consists of
largest form of Ecommerce. This model defines that
Buyer and seller are two different entities. It is
similar to manufacturer issuing goods to the retailer
or wholesaler.
E.g.:-Dell deals computers and other associated accessories
online but it is does not make up all those products. So, in
govern to deal those products, first step is to purchases
them from unlike businesses i.e. the producers of those
products. Ritu Gautam

Business-to-consumer (B2C):
• It is the model taking businesses and
consumers interaction. The basic concept
of this model is to sell the product online
to the consumers.
• B2c is the direct trade between the
company and consumers. It provides
direct selling through online. For example:
if you want to sell goods and services to
customer so that anybody can purchase
any products directly from supplier’s
website.
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Business-to-Employee (B2E)
(B2E) electroniccommerce uses an
intrabusiness network which allows
companies to provide products
and/or services to their employees.
Typically, companies use B2E
networks to automate employee-
related corporate processes.
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Consumer-to-consumer (C2C)
• There are many sites
offering free classifieds,
auctions, and forums where
individuals can buy and sell
thanks to online payment
systems like PayPal where
people can send and receive
money online with ease.
eBay's auction service is a
great example of where
person-to-person
transactions take place
everyday since 1995.
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PROS AND CONS
OF
E-COMMERCE
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• No checkout queues
• Reduce prices
• You can shop anywhere in the world
• Easy access 24 hours a day
• Wide selection to cater for all consumers
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• Unable to examine products personally
• Not everyone is connected to the Internet
• There is the possibility of credit card
number theft
• On average only 1/9th of stock is available
on the net
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Future of E-commerce in India
• According to business world estimate near
about Sixty thousand new jobs will be
created for the internet world alone in the
next two years
• e-Commerce transactions are expected to
cross the Rs. 3500 crore milestone in
2010-11, a jump of around 350 percent
from the 2008-09 figure of Rs. 1000 crore
• eBay said that consumers were trading
goods worth almost three crore rupees
everyday, across the globe.
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What is E-Governance?
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Introduction
• India is a vast country and the need of good
governance for India’s development is widely accepted.
The challenges are to look for ways to achieve it
• E-Governance can turn out to be the significant enabler
for this endeavor
Q : What is Governance ?
The term governance may be described as the process by
which society steers itself.
Q : What is E – Governance ?
The above mentioned process is conditioned and
modified through the influence of Information and
Communication Technologies (ICTs).
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Continue..
• In past humans were employed to do the jobs that now a days
computers are doing (Calculations, Assessments, keeping
records, communications etc.)
• Then came mechanical machines like typewriters and
calculators followed by a number of electronic computers,
mainframe computers, minicomputers, and supercomputers
• The release of personal computer (PC) (with MS-DOS operating
system) by IBM in 1981 brought the computer within the reach
of individuals
• India joined the select club of U.S., Japan, Israel and China
when it launched Param Padma series of supercomputers on
January 1, 2003, indigenously developed by its Pune-based
Centre for Advanced Computing (C-DAC)
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Continue..
• Fast and reliable means of communication connecting distant places have
always been important to governments worldwide
• The Internet, the global interconnected network of computer networks,
was invented as the Advanced Research Projects Agency Network
(ARPANET) in the U.S. in 1969
• Internet was made available to public in India on August 14, 1995
Definitions:
World Bank :- It is the use of ICT to improve the efficiency,
effectiveness, transparency, and accountability of government.
Wikipedia :- The use of information and communications
technologies by governments to enhance the range and quality of
information and services provided to citizens, businesses, civil
society organizations, and other government agencies.
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Emergence of E-Governance in India
• Recognizing the increasing importance of electronics,
the Government of India established the Department
of Electronics in 1970
• National Informatics center (NIc) in 1977 was the first
major step towards e-Governance in India followed by
launching of NIcNET in 1987.
• AKSHAYA was the first venture of e-Governance in
India which started in Kerala
• Countries which are in the race of e-governance
implementation are UK, USA, New Zealand, Brazil etc
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4 Pillars of E-Governance
• Connectivity
• Knowledge
• Data Content
• Capital
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4 Models of E-Governance
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G2C G2E
G2B G2G

E- Governance from Rural to Urban
India
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E- Governance in Rural India
• Agriculture
• Land Record Management
• Disaster management
• Local information
• Panchayat
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E-Governance in Urban India
• Transportation
• Online Payments and Taxations
• Information and Public Relation Key
Services
• Municipal Services
• Roads and Traffic Management
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Phases of E-Governance
• Gartner, an international consultancy firm, has
formulated four-phase e-governance model
• The design and purpose of each step would have to
serve the relevant needs of all G2C, G2B, G2E and G2G
sectors
 Phase I – Presence
 Phase II – Interaction
 Phase III – Transaction
 Phase IV – Transformation
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Implementation of E-Governance
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Challenges in E-Governance
Technical
Challenges
• Interoperabilit
y
• Privacy
• Security
• Multiservice
Interaction
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Organizational
Challenges
• Lack of
Integrated
Services
• Lack of Key
Persons
• Population
• Different
Languages
Economical
Challenges
• Cost
• Maintainabili
ty
• Reusability
• Portability

Case Study: Suwidha
• State wide project implemented in
Punjab
• Objectives
– Provide friendly and efficient interface
between government and citizens
– Provide transparency in government
operations
– Provide timely and efficient service delivery
– Improve quality of government services
• Falls in the government to citizensRitu Gautam

Continue..
• A citizen's concerns
– Different branches for different services
– Not familiar with the procedures
– Unaware of the schemes being implemented
– Not aware of source of information
– Has to frequently visit the branch to ensure
movement of the case and to enquire the status
– Services are not delivered as scheduled
– Has to visit many offices for a single service
– Small payments require visiting banks for services
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Continue..
• Solution in the form of Suwidha
– The citizen approaches SUWIDHA Queue Counter and gets
the Queue Token number.
– On his turn at SUWIDHA Service Counter, he files his
application.
– She/he is issued a receipt cum token number, which
specifies the date of delivery of services. Each type of
service has a pre-defined delivery time and system
automatically calculates the service delivery date.
– All kind of payments for the fees etc can be made at the
SUWIDHA counter.
– The application/case is then sent to the branch for action.
– In between the citizen can track the case with the help of
SUWIDHA Token number through DialCITI (which is IVR
based system) or website.
– The delivery of documents/processed case is made on the
specified date. The delivery of the documents is also from
SUWIDHA Delivery Counter.Ritu Gautam

Continue..
• Other Suwidha features
– On the spot photograph capture wherever
required
– Information on schemes and procedures
– Application forms available
– Provision of on the spot delivery of services
in cases where verification can be ensured
based on the data available in the databases
– Implemented in all 17 DC offices and 54 SDM
offices of Punjab
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Continue..
Q : Why Suwidha succeeded?
• Government process re-engineering
– Increased accountability
– Power through information
– Ease of access
– Localization
• http://suwidha.nic.in
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Future Scopes
• To make E-Governance more efficient
and powerful, two technologies can be
boon to it. These technologies are Open
Source Software and Cloud Computing.
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Open Source System in E- Governance
• Open Source Software (OSS) is software
made available in both source code and
binary form, under a license which
allows users to freely use, modify and
redistribute the software without the
need to pay royalties to the original
software author
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Open Source System in E- Governance
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Cloud Computing in E- Governance
• Cloud computing allows computer e-
governance users to conveniently rent access
to fully featured applications. Cloud computing
also provides software development and
deployment environments, and computing
infrastructure assets such as network-
accessible data storage and processing model
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Cloud Computing in E- Governance
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National Portal of E-Governance
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Metropolitan Transport Corporation
(Chennai) Ltd.
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Odisha State Disaster Management
Authority
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UNIT-II
INFORMATION TECHNOLOGY
ACT,2000
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INFORMATION TECHNOLOGY
ACT,2000
Cyber
Contravention
Cyber Crimes
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CYBER LAW IN INDIA
• In India, cyber laws are contained in the Information
Technology Act, 2000 ("IT Act") which came into force on
October 17, 2000.
• The main purpose of the Act is to provide legal recognition to
electronic commerce and to facilitate filing of electronic
records with the Government.
The following Act, Rules and Regulations are covered under
cyber laws:
• 1. Information Technology Act, 2000
• 2. Information Technology (Certifying Authorities) Rules,
2000
• 3. Information Technology (Security Procedure) Rules, 2004Ritu Gautam

Information Technology Act, 2000
• Information Technology Act, 2000 is India’s
mother legislation regulating the use of
computers, computer systems and
computer networks as also data and
information in the electronic format. This
legislation has touched varied aspects
pertaining to electronic authentication,
digital (electronic) signatures, cyber crimes
and liability of network service providers.
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• The Preamble to the Act states that it aims
at providing legal recognition for
transactions carried out by means of
electronic data interchange and other
means of electronic communication,
commonly referred to as "electronic
commerce", which involve the use of
alternatives to paper-based methods of
communication and storage of information
and aims at facilitating electronic filing of
documents with the Government agencies.
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• This Act was amended by Information
Technology Amendment Bill, 2008 which
was passed in Lok Sabha on 22nd December,
2008 and in Rajya Sabha on 23rd December,
2008. It received the assent of the President
on 5th February 2009 and was notified with
effect from 27/10/2009.
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Amendments-2008
• A major amendment was made in 2008. It introduced the
Section 66A which penalised sending of "offensive
messages".
• It also introduced the Section 69, which gave authorities
the power of "interception or monitoring or decryption of
any information through any computer resource“.
• It also introduced penalties for child porn, cyber
terrorism andvoyeurism.
• It was passed on 22 December 2008 without any debate in
Lok Sabha. The next day it was passed by the Rajya Sabha.
It was signed by the then President (Pratibha Patil) on 5
February 2009
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• Crime committed using a computer and the internet to steal
a person’s identity or illegal imports or malicious programs.
Cybercrime is nothing but where the computer used as an
object or subject of crime.

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• The first recorded cyber crime took place in the year 1820
That is not surprising considering the fact that the abacus,
which is thought to be the earliest form of a computer, has
been around since 3500 B.C.

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• The Computer as a Target : using a computer to attack
other computers.
• The computer as a weapon : using a computer to
commit real world crimes.

Classification of cyber crime
• Cyber crime can be further classified into
the following categories:-
• Crime Against Individuals
• Crime Against Society
• Crime Against Government
• Crime Against Companies
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Types of Cyber attacks, by percentage (source-
FBI)
– Financial fraud:
– Sabotage of data/networks:
– Theft of proprietary information:
– System penetration from the outside:
– Denial of service:
– Unauthorized access by insiders:
– Employee abuse of internet privileges
– Viruses:

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• “ If you experienced computer system intrusions
by someone from outside your organization,
indicate the type of activity performed by the
intruder.”
 Manipulate data integrity
 Installed a sniffer
 Stole password files
 Proving/scanning systems
 Trojan logons
 IP spoofing
 Introduced virus
 Denied use of services
CYBER CRIME

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• PHISHING
• CYBER STALKING
• VISHING
• HACKING
• CHILD PORNOGRAPHY
• DENIAL OF SERVICE ATTACK
• VIRUS DISSEMINITION
• COMPUTER VANDALISM
• CYBER TERRORISM
• SOFTWARE PIRACY
• OTHERS

Phishing is a Offence ,when someone
with the intetion to defraud other for
money or any other benifit on
Internet. Phishing refers to the receipt
of unsolicited emails by customers of
Financial Institutions, requesting
them to enter their Username,
Password or other personal
information to access their Account
for some reason.
The fraudster then has access to the
customer's online bank account and
to the funds contained in that account.Ritu Gautam

Cyber Stalking is use of the
Internet or other electronic means
to stalk someone. This term is used
interchangeably with online
harassment and online abuse.
Stalking generally involves
harassing or threatening behaviour
that an individual engages in
repeatedly, such as following a
person, appearing at a person's
home or place of business, making
harassing phone calls, leaving
written messages or objects, or
vandalizing a person's property.Ritu Gautam

Vishing is the criminal practice of using
social engineering and Voice over IP
(VoIP) to gain access to private personal
and financial information from the
public for the purpose of financial
reward. The term is a combination of
“Voice" and phishing. Vishing exploits
the public's trust in landline telephone
services.
Vishing is typically used to steal credit
card numbers or other information
used in identity theft schemes from
individuals.
VISHING
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• Hacking in simple terms
means an illegal intrusion
into a computer system
and/or network. It is also
known as CRACKING.
Government websites are
the hot targets of the
hackers due to the press
coverage, it receives.
Hackers enjoy the media
coverage.

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• The Internet is being highly used by its abusers to reach and
abuse children sexually, worldwide. As more homes have
access to internet, more children would be using the internet
and more are the chances of falling victim to the aggression of
pedophiles.

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• This is an act by the criminal, who floods the bandwidth of the
victims network or fills his e-mail box with spam mail
depriving him of the services he is entitled to access or
provide

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• Malicious software that attaches itself to other software or
computer system and then propagates itself to other
computers via networks or disks. (virus, worms, Trojan Horse,
web jacking, e-mail bombing etc)

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• Damaging or destroying data rather than stealing or
misusing them is called cyber vandalism. Transmitting virus:
These are programs that attach themselves to a file and then
circulate .

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Terrorist attacks on the Internet is by distributed denial of
service attacks, hate websites and hate emails, attacks on
sensitive computer networks, etc. Technology savvy terrorists
are using 512-bit encryption, which is impossible to decrypt.

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Theft of software through the illegal copying of genuine
programs or the counterfeiting and distribution of products
intended to pass for the original.

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• Internet security is a branch
of computer security specifically
related to the Internet.
• It's objective is to establish rules
and measure to use against attacks
over the Internet.

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• Use antivirus software’s
• insert firewalls
• uninstall unnecessary software
• maintain backup
• check security settings
• Stay anonymous - choose a genderless screen name
• Never give your full name or address to strangers

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• Learn ‘Etiquette' - follow it and expect it from others
• Don't respond to harassing or negative messages
(flames)
• Get out of uncomfortable or hostile situations quickly
• Save offending messages
• Learn more about Internet privacy

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• The cyber security will defend us from critical attacks.
• It helps us to browse the safe website.
• Internet security process all the incoming and outgoing data
on our computer.

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• Security will defend from hacks and virus.
• The application of cyber security used in our PC needs update
every week.
• The security developers will update their database every
week once. Hence the new virus also deleted

“Technology is like a fish. The longer it
stays on the shelf, the less desirable it
becomes.”
Technology is destructive only in the hands
of people who do not realize that they are
one and the same process as the universe.
Alan Watts
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UNIT-III
ADJUDICATION
AND PENALTIES

Under section 43
• Destroys, Deletes or Alters any Information residing in a computer
resource or diminishes its value or utility or affects it injuriously
by any means;
• Steals, conceals, destroys or alters or causes any person to steal,
conceal, destroy or alter any computer source code used for a
computer resource with an intention to cause damage;
• “If any person, dishonestly, or fraudulently, does any act referred
to in section 43, he shall be punishable with imprisonment for a
term which may extend to two three years or with fine which may
extend to five lakh rupees or with both.” [S.66]
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Section 65. Tampering with computer
source documents:
•
Whoever knowingly or intentionally conceals, destroys
or alters or intentionally or knowingly causes another
to conceal, destroy or alter any computer source code
used for a computer, computer Programme, computer
system or computer network, when the computer
source code is required to be kept or maintained by
law for the being time in force, shall be punishable
with imprisonment up to three year, or with fine
which may extend up to two lakh rupees, or with
both.
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Section66. Hacking with the computer
system:
(1) Whoever with the intent to cause or
knowing that he is likely to cause wrongful loss
or damage to the public or any person destroys
or deletes or alters any information residing in
a computer resource or diminishes its value or
utility or affects it injuriously by any means,
commits hacking.
(2) Whoever commits hacking shall be
punished with imprisonment up to three years,
or with fine which may extend up to two lakh
rupees, or with both.
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Under section 66(A)
• S.66A - Punishment for sending offensive messages through
communication service, etc
 Any person who sends, by means of a computer resource or a
communication device;
 Any information that is grossly offensive or has menacing character; or
 Any information which he knows to be false, but for the purpose of
causing annoyance, inconvenience, danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred, or ill will, persistently makes by
making use of such computer resource or a communication device
 Any electronic mail or electronic mail message for the purpose of
causing annoyance or inconvenience or to deceive or to mislead the
addressee or recipient about the origin of such messages
• Shall be punishable with imprisonment for a term which may extend to
three years and with fine.
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• S. 66C - Punishment for identity theft
• “Whoever, fraudulently or dishonestly make use of the electronic
signature, password or any other unique identification feature of any
other person, shall be punished with imprisonment of either description
for a term which may extend to three years and shall also be liable to fine
which may extend to rupees one lakh”
• S. 66D - Punishment for cheating by personation by using computer
resource
• “Whoever, by means of any communication device or computer
resource cheats by personation, shall be punished with imprisonment of
either description for a term which may extend to three years and shall
also be liable to fine which may extend to one lakh rupees. “
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• S. 66C - Punishment for identity theft
• “Whoever, fraudulently or dishonestly make use of the electronic
signature, password or any other unique identification feature of any
other person, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also
be liable to fine which may extend to rupees one lakh”
• S. 66D - Punishment for cheating by personation by using
computer resource
• “Whoever, by means of any communication device or computer
resource cheats by personation, shall be punished with imprisonment
of either description for a term which may extend to three years and
shall also be liable to fine which may extend to one lakh rupees. “
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S. 66E - Punishment for violation of privacy.
“Whoever, intentionally or knowingly captures, publishes or transmits the
image of a private area of any person without his or her consent, under
circumstances violating the privacy of that person, shall be punished with
imprisonment which may extend to three years or with fine not exceeding
two lakh rupees, or with both”
S. 67 A - Punishment for publishing or transmitting of material
containing sexually explicit act, etc. in electronic form
“Whoever publishes or transmits or causes to be published or transmitted in
the electronic form any material which contains sexually explicit act or
conduct shall be punished on first conviction with imprisonment of either
description for a term which may extend to five years and with fine which
may extend to ten lakh rupees”
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Section 67. Publishing of obscene
information in electronic form:
•
Whoever publishes or transmits or causes to be published
in the electronic form, any material which is lascivious or
appeals to the prurient interest or if its effect is such as to
tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstance, to read see or hear the
matter contained or embodied in it, shall be punished on
first conviction with imprisonment of either description for
a term which may extend to five years and with fine which
may extend to one lakh rupees and in the event of a second
or subsequent conviction with imprisonment of either
description for a term which may extend to ten years and
also with fine which may extend to two lakh rupees.
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S. 67 C - Preservation and Retention of information by
intermediaries.
“(1) Intermediary shall preserve and retain such information as
may be specified for such duration and in such manner and
format as the Central Government may prescribe.
(2) Any intermediary who intentionally or knowingly
contravenes the provisions of sub section (1) shall be punished
with an imprisonment for a term which may extend to three
years and shall also be liable to fine.”
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Cyber Appellate
tribunal
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Establishment
• Cyber Appellate Tribunal has been established under the
Information Technology Act, 2000.
• The first and the only Cyber Appellate Tribunal in the country
have been established by the Central Government in accordance
with the provisions contained under Section 48(1) of the
Information Technology Act, 2000.
• The Tribunal initially known as the Cyber Regulations Appellate
Tribunal (C.R.A.T.), started functioning from October 2006 in a
portion of the D.I.T. building at C.G.O. Complex, Lodhi Road, New
Delhi. At present the Tribunal is functioning at the Jeevan Bharti
(L.I.C.) Building, Connaught Place, New Delhi.
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Purpose
• The Cyber Appellate Tribunal has, for the purposes of
discharging its functions under the I.T. Act, the same powers as
are vested in a civil court under the Code of Civil Procedure,
1908. However, the procedure laid down by the Code of Civil
Procedure, 1908 applies but at the same time the Tribunal is
guided by the principles of natural justice.
• The Cyber Appellate Tribunal has powers to regulate its own
procedure including the place at which it has its sittings. Every
proceeding before the Cyber Appellate Tribunal shall be deemed
to be a judicial proceeding within the meaning of sections 193
and 228, and for the purposes of section 196 of the Indian Penal
Code and the Cyber Appellate Tribunal shall be deemed to be a
civil court for the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973.
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Composition of cyber Appellate
Tribunal (49)
• Clause (1)
The Cyber Appellate Tribunal shall consist of a
Chairperson and such number of other Members, as the
Central Government may, by notification in the Official
Gazette, appoint: Provided that the person appointed as
the Presiding Officer of the Cyber Appellate Tribunal
under the provisions of this Act immediately before the
commencement of the Information Technology
(Amendment) Act, 2008 shall be deemed to have been
appointed as the Chairperson of the said Cyber Appellate
Tribunal under the provisions of this Act as amended by
the Information Technology (Amendment) Act, 2008.
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Clause (2)
• (2) The selection of Chairperson and
Members of the Cyber Appellate Tribunal
shall be made by the Central Government in
consultation with the Chief Justice of India.
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Clause (3)
• Subject to
• (a) the jurisdiction, powers and authority of the Cyber Appellate
Tribunal may be exercised by the Benches thereof;
• (b) a Bench may be constituted by the Chairperson of the Cyber
Appellate Tribunal with one or two Members of such Tribunal as
the Chairperson may deem fit;
• (c) the Benches of the Cyber Appellate Tribunal shall sit at New
Delhi and at such other places as the Central Government may, in
consultation with the Chairperson of the Cyber Appellate
Tribunal, by notification in the Official Gazette, specify;
• (d) the Central Government shall, by notification in the Official
Gazette, specify the areas in relation to which each Bench of the
Cyber Appellate Tribunal may exercise its jurisdiction
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Clause (4)
• Notwithstanding anything contained in sub-
section (3), the Chairperson of the Cyber
Appellate Tribunal may transfer a Member
of such Tribunal from one Bench to another
Bench.
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Clause(5)
• If at any stage of the hearing of any case or matter it
appears to the Chairperson or a Member of the
Cyber Appellate Tribunal that the case or matter is
of such a nature that it ought to be heard by a Bench
consisting of more Members, the case or matter may
be transferred by the Chairperson to such Bench as
the Chairperson may deem fit. ] "49. Composition of
Cyber Appellate Tribunal. -A Cyber Appellate
Tribunal shall consist of one person only
(hereinafter referred to as the Presiding Officer of
the Cyber Appellate Tribunal) to be appointed, by
notification, by the Central Government.
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Procedure and powers of the Cyber
Appellate Tribunal (U/S 58)
• (1) The Cyber Appellate Tribunal shall not be
bound by the procedure laid down by the Code of
Civil Procedure, 1908 (5 of 1908), but shall be
guided by the principles of natural justice and,
subject to the other provisions of this Act and of
any rules, the Cyber Appellate Tribunal shall have
powers to regulate its own procedure including
the place at which it shall have its sittings.
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• 2) The Cyber Appellate Tribunal shall have, for the
purposes of discharging its functions under this Act,
the same powers as are vested in a civil court under
the Code of Civil Procedure, 1908 (5 of 1908), while
trying a suit, in respect of the following matters,
namely:
• (a) summoning and enforcing the attendance of any
person and examining him on oath;
• (b) requiring the discovery and production of
documents or other electronic records;
• (c) receiving evidence on affidavits;
• (d) issuing commissions for the examination of
witnesses or documents;
• (e) reviewing its decisions;
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• f) dismissing an application for default or deciding it
ex parte;
• (g) any other matter which may be prescribed.
• (3) Every proceeding before the Cyber
Appellate Tribunal shall be deemed to be a
judicial proceeding within the meaning of
section 193 and 228, and for the purposes of
section 196 of the Indian Penal Code(45 of
1860) and the Cyber Appellate Tribunal shall
be deemed to be a civil court for the purposes
of section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of 1974).
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Unit –IV
INTERNATIONAL PERSPECTIVE
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International Conventions on Cyber
Law
• Budapest Convention
• Convention on Cybercrime (CET)
• 185Signed
• 23 November 2001
• Location- Budapest
• Effective- 1 July 2004
• Ratification by - 3 Council of Europe States
• Signatories 50 Parties
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Objective
• The Convention is the first international
treaty on crimes committed via the Internet
and other computer networks, dealing
particularly with infringements of
copyright, computer-related fraud, child
pornography, hate crimes, and violations
of network security.[6] It also contains a
series of powers and procedures such as the
search of computer networks and lawful
interception.
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Unit-V
IPR & cyber space
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Intellectual Property Right
What is an IPR ?
 Intellectual property (IP) is a legal term that refers to
creations of the mind.
 IPR are legal rights, which result from intellectual activity in
industrial, scientific, literary and artistic fields etc.
 Protected IP rights like other property can be a matter of trade,
which can be owned, sold or bought
Types / Tools of IPRs :-
1. Patents
2. Copy right and related rights
3. Trademark
4. Industrial designs
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Copy right and related rights
 Copyright is protected through Copyright Act,
1957 as amended in by the Department of Higher
Education.
 Copyright includes: literary works such as
novels, poems, plays, newspaper and computer
programs, database, films, musical compositions,
and artistic works etc.
 No action is required to establish a copyright,
although authors may indicate copyright with the
Use © to warn others against copying . For e.g.©
2008 John Doe
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Ownership of rights
• Literary – author
• Drama – Dramatist
• Music – Composer
• Artistic work – Artist e.g. Painter, Sculptor,
Architect
• Photograph – Photographer
• Author of Computer Programmer – Person who
causes the work to
be created
• Cinematograph film – producer
• Sound Recording - producer
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Duration of copyright
• Literary, Dramatic, Musical and Artistic Works
published during life time of author . Life + 60 years
• All Other Works: 60 years from date of publication
– Posthumous, Anonymous Works
– Works of Government and Organizations
– Cinema and Sound Recording
– Photograph
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Patent
• What is a Patent ?
• Patent is protected through the Patents Act, 1970 (amended
in 1999, 2002, 2005) amended in by the Industrial Policy &
Promotion .
• A patent is an exclusive right granted for an invention,
which is a product or a process that provides a new way of
doing something, or offers a new technical solution to a
problem.
• It provides protection for the invention to the owner of the
patent.
• The protection is granted for a limited period, i.e. 20 years.
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Continue…
• Patent protection means that the invention can not be commercially made,
used, distributed or sold without the patent owner’s consent.
• The patent owner may give permission to, or license, other parties to use
the invention on mutually agreed terms.
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GRANT OF PATENT
Patents are granted by national patent offices
after publication and substantial examination
of the applications.
In India provisions exist for pre-grant and post
grant opposition by others.
They are valid within the territorial limits of
the country.
Foreigners can also apply for patents.
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What is not registrable?
• A design which is not new or original.
• A design which has been disclosed to the public
anywhere in the world prior to the filing.
• A design which is not significantly distinguishable
from known designs or combination of known
designs.
• A design which comprises or contains scandalous or
obscene matter.
• A design which is contrary to public order or
morality
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Trademark
A trademark is a distinctive sign that
identifies certain goods or services as those produced
or provided by a specific person or enterprise.
• It may be one or a combination of words, letters, and
numerals.
• Registration of trademark is prima facie proof of
its ownership giving statutory right to the proprietor.
• Trademark rights may be held in perpetuity.
E.g., LUX, Godrej, TVS , Coca Cola,555, APPLE,
etc.
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Continue…
• What can be protected as a trademark ?
– Names (such as company names, product names)
– Domain names if they label a product or service
– Images
– Symbols
– Logos
– Slogans or phrases
– Product design
– Product packaging (known as trade dress)
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Registration of trademark
• Trademarks are registered by national
trademark registries and are valid in that
country
• Registration is made after examination
and publication
• Period of registration is for 10 years but
can be renewed indefinitely
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Trademark
• Service Marks include banking, education,
finance, insurance, real estate ,entertainment,
repairs, transport, conveying news and
information, advertising etc.
• Certification Trade marks: Certified by the
Proprietor as having characteristics like
geographical origin, ingredients, quality e.g.
AGMARK, WOOLMARK Certification mark
cannot be used as a trade mark.
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Domain name
• Domain Name System (DNS), in computer communications, a method
of translating Internet addresses so that computers connected in the
Internet can find each other. A DNS server translates a numerical
address assigned to a computer (such as 207.46.228.91) into a
sequence of words, and vice versa.
• A domain name, written in lowercase letters with words separated by
periods, takes the form of username@computer.zonename (for
example: president@whitehouse.gov).
• Username is the name or account number used to log on. The
hostname (Whitehouse in the example above) is the name of the
computer or Internet provider; it may consist of several parts.
Zonename indicates the type of organization. Common zone names
include com (commercial organization), edu (educational), gov
(government), and net (networking organization).
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Difference between Domain name and
Trademark
• Trademark Infringement Issues
—Cyber squatting /Typo squatting
—How is the domain name used? What is the
posted content?
—Domain Name Watch Services Available
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Uniform domain name dispute
resolution policy
• URDP is a policy adopted by ICANN that provides a
mechanism for trademark owners to obtain domain
names from cyber squatters.
• All domain name registrars have the power to grant
“.com”, “.net”, and “.org” generic generic top-level
domains domains must follow the UDRP.
•
• Domain name registrar will cancel, suspend, or
transfer a domain name that is the subject of a
trademark-based dispute, it must have an agreement
signed by the parties, a court order.
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Cyber Squatting
• It is a malicious practice of registering and
acquiring for domain name(s) those names that are
associated or linked with other people’s interests,
such as trade marks or personal names.
• Cyber squatter acquire those names for variety of
reasons, including:
• – Blocking a business competitor/rival from
acquiring certain names for their domain name.
• – Disrupting other’s business
• – Confusing public by representing a website that
may look like originating from other people.
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Cyber laws - Ritu Gautam

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