Dept. of Law & Justice               LLB(Hons)- ProgramCourse Title: Media Information and Technology Law             Cour...
Sayef Amin+8801924122222   Assignment On    Cyber Law                 2
Introduction to Cyber Law:Cyber law is a term that encapsulates the legal issues related to use ofcommunicative transactio...
Electronic signature & Digital signature:2."Electronic signature" means an electronic or digital method ofidentification t...
In order to maintain harmony and co-existence of people in the cyberspace,there is a need for a legal program called as – ...
cost. Economics by Park in and Bade give a useful introduction to the differencebetween economic efficiency and technologi...
security, but hacking exists in many other forms, such as phone hacking, brainhacking, etc. and its not limited to either ...
by resending itself as an e-mail attachment or as part of a network message isknown as a worm.Cyberspace handles gigantic ...
the Internet worldwide, including the client devices (such as computers and cellphones) that access Web content. The WWW i...
to the electronic certificate itself, to the Commission or to the Customsauthorities as soon as the product or shipment it...
The gathering and use of demographic data through Web contacts      Electronic Data Interchange (EDI), the business-to-bus...
17. Internet:The internet in simple terms is a network of the interlinked computernetworking worldwide, which is accessibl...
Stalking can involve threats or sexual innuendo and the stalker generally tries tointimidate or induce fear in the person ...
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Cyber law

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Cyber law

  1. 1. Dept. of Law & Justice LLB(Hons)- ProgramCourse Title: Media Information and Technology Law Course Code: LLBH 4213 Date of Submission: 23-04-2012
  2. 2. Sayef Amin+8801924122222 Assignment On Cyber Law 2
  3. 3. Introduction to Cyber Law:Cyber law is a term that encapsulates the legal issues related to use ofcommunicative transactional and distributive aspects of networked informationdevices and technologies. It is the law governing cyber space. Cyber space is avery wide term and includes computers, networks, software, data storagedevices (such as hard disks, USB disks etc), the Internet, websites, emails andeven electronic devices such as cell phones, ATM machines etc.Cyber space:1.The term "cyberspace" stands for the global network of interdependentinformation technology infrastructures, telecommunications networks andcomputer processing systems. 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. Cyberspace is the electronic medium ofcomputer networks, in which online communication takes place."Cyberspace is the `place` where a telephone conversation appears to occur.Not inside your actual phone, the plastic device on your desk. Not inside theother persons phone, in some other city. The place between the phones, theindefinite place out there, where the two of you, human beings, actually meetand communicate."The word "cyberspace" was coined by the science fiction author, WilliamGibson 1984, when he sought a name to describe his vision of a globalcomputer network, linking all people, machines and sources of information inthe world, and through which one could move or "navigate" as through a virtualspace.Cyber law is the governing cyber space. Cyber space is a very wide term andincludes computers, networks, software, data storage devices (such as harddisks, USB disks etc), the internet websites, emails and even electronic devicessuch as cell phone, ATM machines etc. 3
  4. 4. Electronic signature & Digital signature:2."Electronic signature" means an electronic or digital method ofidentification that is executed or adopted by a person with the intent to be boundby or to authenticate a record."Digital signature" means a type of electronic signature that transforms amessage through the use of an asymmetric cryptosystem.Account to Section 2(1) of the Information & Communication TechnologyAct, 2006. : "digital signature" means data in an electronic form, which--(a) is related with any other electronic data directly or logically; and(b) is able to satisfy the following conditions for validating the digital signature--(i) affixing with the signatory uniquely;(ii) capable to identify the signatory;(iii) created in safe manner or using a means under the sole control of thesignatory; and(iv) related with the attached data in such a manner that is capable to identifyany alteration made in the data thereafter.“A digital signature” (not to be confused with a digital certificate) is anelectronic signature that can be used to authenticate the identity of the senderof a message or the signer of a document, and possibly to ensure that theoriginal content of the message or document that has been sent is unchanged.Digital signatures are easily transportable, cannot be imitated by someone else,and can be automatically time-stamped. The ability to ensure that the originalsigned message arrived means that the sender cannot easily repudiate it later.Electronic signature: Identification data in electronic form which is attached toor logically associated with other electronic data to serve as a method ofauthentication.Information Technology is encapsulating all the aspects of life across the world.It has brought transition from paper to the paperless world. With the increasingusage of internet in the world, the criminals are also increasing in the field ofinformation technology. The cyber criminals are able to use the software bycreating it themselves and manipulating it for their own benefits. It is happeningonly because of the simplicity of crimes. 4
  5. 5. In order to maintain harmony and co-existence of people in the cyberspace,there is a need for a legal program called as – Cyber Laws. Cyber laws arebasic laws of a society and therefore, have implications on each aspect of cybersociety such as business, governance, entertainment, crimes, education,information delivery, etc. The cyber crime is no longer limited to time, space ora group of people. Hence, there is a need of cyber laws.Cyberspace is an intangible dimension and therefore, it is impossible toregulate and govern it using conventional law. As the internet is worldwide, itgoes across borders and is not visible. In cyberspace, there are many caseswhere so called conventional crimes are done using the computers or theinternet such as criminal threats delivered through e-mail, spreading ofpornographic material, websites that defame someone, etc. In these types ofcases, the computer is merely a tool used to commit the crime.Cyberspace has complete disrespect for jurisdictional boundaries. A personin Bangladesh could break into a bank’s electronic vault hosted on acomputer in USA and transfer millions of Dollars to another bank inSwitzerland, all within minutes. All he would need is a laptop computer, a cellphone and some talent.Cyberspace is absolutely open to participation by all. A ten-year-old inBhutan can have a live chat session with an eight-year-old in Bali without anyregard for the distance or the anonymity between them.Definition of Economic EfficiencyA broad term that implies an economic state in which every resource isoptimally allocated to serve each person in the best way while minimizing wasteand inefficiency. When an economy is economically efficient, any changesmade to assist one person would harm another. In terms of production, goodsare produced at their lowest possible cost, as are the variable inputs ofproduction. Some terms that encompass phases of economic efficiency includeallocation efficiency, production efficiency and Pareto efficiency.Explains Economic Efficiency3.“Economic efficiency” is a term typically used in microeconomics whendiscussing product. Production of a unit of good is considered to beeconomically efficient when that unit of good is produced at the lowest possible 5
  6. 6. cost. Economics by Park in and Bade give a useful introduction to the differencebetween economic efficiency and technological efficiencyA state of economic efficiency is essentially just a theoretical one; a limit thatcan be approached but never reached. Instead, economists look at the amount ofwaste (or loss) between pure efficiency and reality to see how efficiently aneconomy is functioning. Measuring economic efficiency is often subjective,relying on assumptions about the social good created and how well that servesconsumers. Basic market forces like the level of prices, employment rates andinterest rates can be analyzed to determine the relative improvements madetoward economic efficiency from one point in time to another.Need for Cyber Law:  Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law.  Cyberspace has complete disrespect for jurisdictional boundaries.  Cyberspace handles gigantic traffic volumes every second.  Cyberspace is absolutely open to participation by all.  Cyberspace offers enormous potential for anonymity to its members.  Cyberspace offers never-seen-before economic efficiency.  Electronic information has become the main object of cyber crime. It is characterized by extreme mobility, which exceeds by far the mobility of persons, goods or other services.  A software source code worth cores of rupees or a movie can be pirated across the globe within hours of their release.  Theft of corporeal information (e.g. Books, papers, CD, ROMs, floppy disks) is easily covered by traditional penal provisions.4. “CD-ROMs” (Compact Disc, read-only-memory) is an adaptation of theCD that is designed to store computer data in the form of text and graphics, aswell as hi-fi stereo sound. The original data format standard was defined byPhilips and Sony in the 1983 Yellow Book.What is hacking?5. Hacking is the practice of modifying the features of a system, in order toaccomplish a goal outside of the creators original purpose. The person who isconsistently engaging in hacking activities, and has accepted hacking as alifestyle and philosophy of their choice, is called a hacker. Computer hacking isthe most popular form of hacking nowadays, especially in the field of computer 6
  7. 7. security, but hacking exists in many other forms, such as phone hacking, brainhacking, etc. and its not limited to either of them.Due to the mass attention given to black hat hackers from the media, the wholehacking term is often mistaken for any security related cyber crime. Thisdamages the reputation of all hackers, and is very cruel and unfair to the lawabiding ones of them, from who the term itself originated. The goal of thiswebsite is to introduce people the true philosophy and ethics of hackers,hopefully clearing their name and giving them the social status they deserve.5. Computer crime:Cyberspace also brings together every service and facility imaginable toexpedite money laundering. One can purchase anonymous credit cards, bankaccounts, encrypted global mobile telephones, and false passports. From thereone can pay professional advisors to set up IBCs (International BusinessCorporations, or corporations with anonymous ownership) or similar structuresin OFCs (Offshore Financial Centers). Such advisors are loath to ask anypenetrating questions about the wealth and activities of their clients, since theaverage fees criminals pay them to launder their money can be as much as 20percent.6. Virus Introduction:In computers, a virus is a program or programming code that replicates bybeing copied or initiating its copying to another program, computer boot sectoror document. Viruses can be transmitted as attachments to an e-mail note or in adownloaded file, or be present on a diskette or CD. The immediate source of thee-mail note, downloaded file, or diskette youve received is usually unaware thatit contains a virus. Some viruses wreak their effect as soon as their code isexecuted; other viruses lie dormant until circumstances cause their code to beexecuted by the computer. Some viruses are benign or playful in intent andeffect ("Happy Birthday, Ludwig!") and some can be quite harmful, erasing dataor causing your hard disk to require reformatting. A virus that replicates itself 7
  8. 8. by resending itself as an e-mail attachment or as part of a network message isknown as a worm.Cyberspace handles gigantic traffic volumes every second. Billions of emailsare crisscrossing the globe even as we read this, millions of websites are beingaccessed every minute and billions of dollars are electronically transferredaround the world by banks every day.7. Electronic records:Electronic, or machine-readable records, are records on electronic storage mediaElectronic record, as defined regulations means any information that is recordedin a form that only a computer can process and that satisfies the definition of aFederal record per the Federal Records Act definition supplied above. Federalelectronic records are not necessarily kept in a "recordkeeping system" but mayreside in a generic electronic information system or are produced by anapplication such as word processing or electronic mail.2(7) of ICT Act 2006 "electronic record" means data, record or datagenerated, image or sound stored, received or sent in an electronic form ormicrofilm or computer generated microfiche;8. Electronic Filing:In its simplest form, electronic filing is the substitution of an electronicdocument for a traditional paper document. With the evolution of Internettechnology, electronic filing has become a highly secure and reliable method forsending, receiving, and managing legal documents and case information.9. IP (Internet Protocol) is the primary network protocol used on the Internet,developed in the 1970s. On the Internet and many other networks, IP is oftenused together with the Transport Control Protocol (TCP) and referred tointerchangeably as TCP/IP. IP supports unique addressing for computers on anetwork. Most networks use the Internet Protocol version 4 (IPv4) standardsthat features IP addresses four bytes (32 bits) in length. The newer InternetProtocol version 6 (IPv6) standard features addresses 16 bytes (128 bits) inlength.Data on an Internet Protocol network is organized into packets. Each IP packetincludes both a header (that specifies source, destination, and other informationabout the data) and the message data itself.10. Www: The term WWW refers to the World Wide Web or simply theWeb. The World Wide Web consists of all the public Web sites connected to 8
  9. 9. the Internet worldwide, including the client devices (such as computers and cellphones) that access Web content. The WWW is just one of many applicationsof the Internet and computer networks.11. Definition of HTTP: The Hyper Text Transfer Protocol provides astandard for Web browsers and servers to communicate. The definition ofHTTP is a technical specification of a network protocol that software mustimplement. HTTP is an application layer network protocol built on top of TCP.HTTP clients (such as Web browsers) and servers communicate via HTTPrequest and response messages. The three main HTTP message types are GET,POST, and HEAD. HTTP utilizes TCP port 80 by default, though other portssuch as 8080 can alternatively be used.12.Web Page:A web page or webpage is a document or information resource that is suitablefor the World Wide Web and can be accessed through a web browser anddisplayed on a monitor or mobile device. This information is usually in HTMLor XHTML format, and may provide navigation to other web pages viahypertext links. Web pages frequently subsume other resources such as stylesheets, scripts and images into their final presentation.Web pages may be retrieved from a local computer or from a remote webserver. The web server may restrict access only to a private network, e.g. acorporate intranet, or it may publish pages on the World Wide Web. Web pagesare requested and served from web servers using Hypertext Transfer Protocol(HTTP).13. Electronic Transaction:An electronic transaction is the sale or purchase of goods or services whetherbetween business, households, individuals, governments and other public orprivate organizations conducted over computer mediated networks. The goodsand services are ordered over those networks, but the payment and the ultimatedelivery of goods or service may be conducted on or off-line.14. An electronic certificate:An electronic certificate satisfies the ―accompany‖ requirement if the certificateis identified by a unique identifier and can be accessed via a World Wide WebURL or other electronic means, provided the URL or other electronic means andthe unique identifier are created in advance and are available, along with access 9
  10. 10. to the electronic certificate itself, to the Commission or to the Customsauthorities as soon as the product or shipment itself is available for inspection.Section 36 of ICT Act 2006 : Issue of certificate.—The Certifying Authoritymay issue a certificate to a prospective subscriber only after the CertifyingAuthority—(a) has received an application in the prescribed form requesting for issuance ofa certificate from the prospective subscriber;(b) if it has a certification practice statement, complied with all of the practicesand procedures set forth in such certification practice(c) if the prospective subscriber is the person to be listed in the certificate to beissued;(d) if all information in the certificate to be issued is correct; and(e) Whether the prospective subscriber paid such fees as may be prescribed forissuance of certificate.15. Electronic commerce or e-commerce:Electronic commerce or e-commerce refers to a wide range of online businessactivities for products and services. It also pertains to ―any form of businesstransaction in which the parties interact electronically rather than by physicalexchanges or direct physical contact.‖Electronic commerce, commonly known as e-commerce or e-comm., refers tothe buying and selling of products or services over electronic systems such asthe Internet and other computer networks. Electronic commerce draws on suchtechnologies as electronic funds transfer, supply chain management, Internetmarketing, online transaction processing, electronic data interchange (EDI),inventory management systems, and automated data collection systems. Modernelectronic commerce typically uses the World Wide Web at least at one point inthe transactions life-cycle, although it may encompass a wider range oftechnologies such as e-mail, mobile devices and telephones as well. Electronic commerce is generally considered to be the sales aspect of e- business. It also consists of the exchange of data to facilitate the financing and payment aspects of business transactions.E-commerce can be divided into: E-tailing or "virtual storefronts" on Web sites with online catalogs, sometimes gathered into a "virtual mall" 10
  11. 11. The gathering and use of demographic data through Web contacts Electronic Data Interchange (EDI), the business-to-business exchange of data E-mail and fax and their use as media for reaching prospects and established customers (for example, with newsletters) Business-to-business buying and selling The security of business transactions16. An e-form (electronic form) is a computer program version of a paperform. Aside from eliminating the cost of printing, storing, and distributing pre-printed forms, and the wastage of obsolete forms, e-forms can be filled outfaster because the programming associated with them can automatically format,calculate, look up, and validate information for the user. With digital signaturesand routing via e-mail, approval cycle times can be significantly reduced. Withelectronic submission of completed forms, you can eliminate the cost ofrekeying data and the associated errors.2(5) of ICT, 2006 "electronic form" with reference to information means anyinformation generated, sent, received or stored in media, magnetic, optical,computer memory, microfilm, computer generated microfiche or similar deviceor technology;Forgery is the process of making, adapting, or imitating objects, statistics, ordocuments with the intent to deceive. Copies, studio replicas, and reproductionsare not considered forgeries, though they may later become forgeries throughknowing and willful misrepresentations. Forging money or currency is moreoften called counterfeiting. But consumer goods may also be counterfeits if theyare not manufactured or produced by the designated manufacture or producergiven on the label or flagged by the trademark symbol. When the object forgedis a record or document it is often called a false document.This usage of "forgery" does not derive from metalwork done at a forge, but ithas a parallel history. A sense of "to counterfeit" is already in the Anglo-Frenchverb forger, meaning "falsify."A forgery is essentially concerned with a produced or altered object. Where theprime concern of a forgery is less focused on the object itself – what it is worthor what it "proves" – than on a tacit statement of criticism that is revealed by thereactions the object provokes in others, then the larger process is a hoax. In ahoax, a rumor or a genuine object planted in a concocted situation, maysubstitute for a forged physical object. The similar crime of fraud is the crime ofdeceiving another, including through the use of objects obtained throughforgery. Forgery is one of the techniques of fraud, including identity theft.Forgery is one of the threats addressed by security engineering. 11
  12. 12. 17. Internet:The internet in simple terms is a network of the interlinked computernetworking worldwide, which is accessible to the general public. Theseinterconnected computers work by transmitting data through a special type ofpacket switching which is known as the IP or the internet protocol.Internet is such a huge network of several different interlinked networks relatingto the business, government, academic, and even smaller domestic networks,therefore internet is known as the network of all the other networks. Thesenetworks enable the internet to be used for various important functions whichinclude the several means of communications like the file transfer, the onlinechat and even the sharing of the documents and web sites on the WWW, or theWorld Wide Web.It is always mistaken said that the internet and the World Wide Web are boththe same terms, or are synonymous. Actually there is a very significantdifference between the two which has to be clear to understand both the terms.The internet and World Wide Web are both the networks yet; the internet is thenetwork of the several different computers which are connected through thelinkage of the accessories like the copper wires, the fiber optics and even thelatest wireless connections. However, the World Wide Web consists of theinterlinked collection of the information and documents which are taken as theresource by the general public. These are then linked by the website URLs andthe hyperlinks. Therefore World Wide Web is one of the services offered by thewhole complicated and huge network of the internet.The use of IP in the Internet is the integral part of the network, as they providethe services of the internet, through different layers organization through the IPdata packets. There are other protocols that are the sub-classes of the IP itself,like the TCP, and the HTTP.18. Stalking is a crime. Under the Crime (Domestic and Personal Violence)Act 2007, stalking includes the following of a person about or the watching orfrequenting of the vicinity of, or an approach to a person’s place of residence,business or work or any place that a person frequents for the purposes of anyactivityStalking involves a persistent course of conduct or actions by a person whichare intended to maintain contact with, or exercise power and control overanother person. These actions cause distress, loss of control, fear or harassmentto another person and occur more than once. 12
  13. 13. Stalking can involve threats or sexual innuendo and the stalker generally tries tointimidate or induce fear in the person they are stalking. The person beingstalked may only realize they are being stalked once they identify a pattern ofstrange or suspicious incidents occurring, such as: phone calls text messages messages left on social networking sites (My Space, Face book) notes left on their car flowers left at their home an awareness that they are being followed being continually stared at by another person.The person being stalked often develops a sense of loss of control over theirlives and is forced into changing their life routine and behaviors’.Stalking is committed when a person: Intentionally and persistently Without legitimate reason Engages in a course of conduct directed at another specific person Against their will This causes the other person to develop fear, or to believe that harm would come to themPaper:A substance in the form of thin sheets or leaves intended to be written or printedon, or to be used in wrapping. It is made of rags, straw, bark, wood, or otherfibrous material, which is first reduced to pulp, then molded, pressed, and dried.A book is a set of written, printed, illustrated, or blank sheets, made of ink,paper, parchment, or other materials, usually fastened together to hinge at oneside. A single sheet within a book is called a leaf, and each side of a leaf iscalled a page. A book produced in electronic format is known as an electronicbook (e-book).Books may also refer to works of literature, or a main division of such a work.In library and information science, a book is called a monograph, to distinguishit from serial periodicals such as magazines, journals or newspapers. The bodyof all written works including books is literature. 13

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