IT (4).pdf

My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad. Abdul Kareem, 7799224814
pg. 1
Law Students Federation
LL.B. Notes
6th
Semester
Information and Technology
My Fair Garden, Flat # 103, Beside Ohris, Petrol Bunk, Hyderabad.
Abdul Kareem, 7799224814

pg. 2
vh
The information technology law.
1. Define concept of information technology and scope of various juridications in it.
Information includes data , messages , text , images , sound , codes , computer , programmes , software
, and data base resources and micro film.
Communication devices means all phones and any devices to send or transmit any text , video,
audio, image.
Computer means electronic, magnetic, optical data processing, device or system and computer
network means the inter-connection of one or more computers through satellite, Microsoft , wire,
wireless or other communication media. Computer resources includes computer system, computer
network, data, computer database or software.
Cyberspace is the electronic medium of computer networks in which online medium of
computer network in which of “cyberspaces” stands for the global network of independent information
tele communications network and computer processing systems.
2. INTERNET.
It is social setting that exists purely within a space of and communication. It exists entirely within a
computer space distrubated across and other countries.
2.VIRTUAL ENVIRONMENT.
There is integration of a number of cababilities such as sensors, signals, connections, transmissions,
processors and controllers. It generate a virtual interactive experiences that is accessible regardless of
geographic location.
3. CYBERSPACE AND INTERNET.
The term cyberspaces often used to refer to objection and identification that exists largely
within the objects and identification that exists largely within the communications network
itself , so that is website. Events taking place on the internet are not Happening in the location
where participants or servers are located, cyberspace describes the flow of digital data through
the network of inter connected computers, cyberspace is a new media art.
4.CYBERCRIMES.
Cybercrimes are being committed by criminals. It brings together every services
including money launching one can service including money laundering one can purchase on
anonymous credit cards, bank accounts, global mobile telephones and false passports, cyber
space is a big network of networks. The increased computer and network technologies have
paved the ways to the different kinds of cyber crimes such as hacking, poronography , cyber

pg. 3
stalking, privacy, denial of services attack credit /debit cards towards not extortion, cyber
terrorosim and so on.
5.COMPUTER CRIME MAPPING.
Crime mapping is used by analysts in law enforcement agencies to map visualize and
analyse crime incident patterns, it is key component of crime analysis satergy, mapping crime,
using geographic information systems G.I.S allows crime analysis to identity crime hit spots
along with others trends and patterns.
INFORMATION TECHNOLOGY INTERGRATION (ITC)
The law enforcement authorities such as ploice ITC allows the police personnel to apply computer and
technology skills to all kinds of crimes, including cyber crimes. It has received as much as attention as
crime mapping advances in information technology hold out. The promise that all information creative
uses of information technology have the potential to increase the capacity and effectiveness of the laws
enforcement authorities or departments in fulfilling its complex mission today.
7. THE THEORY OF THE UPLOADER AND THE DOWNLOADER.
Public interacts with cyberspace in two ways and these are :
i. Either putting information into cyberspace
ii. Taking information out of cyberspace.
There are two actors and these are uploader and downloader. None of the both are aware of each
other’s identity. In both civil and criminal law, most actions taken by uploaders and downloaders
present no jurisdictional difficulties. A state can therefore forbid anyone from uploading a gambling or
as obscene site from its territory. It can forbid anyone within its territory from downloading or
interacting with a gambling or an obscene site in cyberspace.
8.INTERNATIONAL JURISDICTION.
There is international exposure of internet connections, Information on websites therein is
targeted solely to users in a particular jurisdiction
9.TYPES OF JURIDICTION IN TRADITIONAL INTERNATIONAL LAW.
There are 3 types of jurisdictions generally recognized in public international law and
these are
1. Jurisdiction to prescribe.
2. Jurisdiction to enforce
3. Jurisdiction to adjudicate.

pg. 4
The jurisdiction to prescribe is the right of the state to make its law applicable to the
activities relation or the interest of persons. The jurisdiction to enforce is the right of a
state to enforce its law applicable to the activities and relation.
Information technology have contact through internet or online, Websites , e-
mail etc . There are also various goats in addition to e-commerce, online commercial
activities and there are to protect people from cyber crimes or internet crimes which are
increasing day by day in all the countries, any person committing crime in any country
should not escape from clutches of law. Therefore vast jurisdictions have been provided
to the countries to ensure safety along with progress. It includes following points.
1. To reduce crime and create safer communication .
2. Promote proactive community involvement.
3. Anticipate resource allocation needs
4. Establish adequate legal machinery for redressal
5. Increase management and officer accountability
6. To deploy officers when and where they are needed
7. Unprecedented information for management.
8. Shared problem solving information .
9. Information integration to massage offender flow through the criminal the criminal
justice system.
10. Accountability of the relevant officers’
There is much utilization of information technology resources through out the
world. It is also necessary to increase and effectiveness of law enforcement
authorities /departments in fulfilling its complex mission. It also increase
challenges to tackle cyber crimes which are relate to information technology.
Therefore it has been given vast jurisdictions at national and international level.
Hence information and technology is a boon and bane for development
of progress of countries and people .
2. BRIEFLY EXPLAI N OBJECTIS OF INFORMATION AND TECHNOLOGY ACT 2000 AND VARIOUS ASPECTS
COVERED IN IT AND POWRES OF POLICCE UNDER THE ACT ?
New communications systems and digital technology have made significant changes in the life
In every country business man and consumers are increasingly using computers to create transmit and
advantages are as follows.
1. It is cheaper , easier to store and speeder to communicate
2. International trade through the medium of e-commerce is growing rapidly in past few years .
many countries have switched to e-commerce.
3.

pg. 5
4. WTO (World trade organization) is likely to form a work programme to handle its work in this
area including multi national trade through medium of e-commerce.
5. There is proposal to provide legal recognition to electronic records and digital signatures, such
contracts will create rights and obligations through the electronic medium.
6. It is proposed to provide for the use and acceptance of electronic records and digital signatures
in government offices.
7. It is also proposed to amend reserve bank of India Act 1935 to facilitate electronic fund
transfers between the financial institution and the banks.
VARIOUS ASPECTS COVERED UNDER I.T Act 2000
ELECTRONIC GOVERNANCE Sections 4 to 10 .
1. There is legal recognition of electronic records, such information can be made available in an
electronic form, it is accessible so as to be useful for a subsequent reference.
2. Legal recognition of electronic signature such information of any matter shall be authenticated
by affixing the signature or any document shall be signed or bear the signature of relevant
person then such requirement shall be deemed to have been satisfied.
3. Use of electronic records and electronic signatures in government offices are treated as reliable
documents such as filling of any form, application , grant of license, permit, receipt of payment
of money such records shall be filled, created , issued.
4. Delivery of services by service provider to the public through electronic means. Govt. authorize
by order any service provider to set up , maintain and upgrade the computerized facilities and
perform such other services. Ex: there are various e-seva centers who are accepting payments
of electricity water supply telephone bills and also taxes and issues receipts of payments.
5. Retention of electronic records or information is treated as documentary evidence to prove the
facts in govt. office or courts. The electronic record is retained in the format in which it was
originally generated, sent or received and it has reliability and evidentiary value.
6. Audit of documents are also maintained in electronic form, electronic documents should be
accepted in electronic form.
7. There is validity of contracts formed through electronic means. All stock exchange contracts and
transactions are in electronic form.
Therefore major trade, business, contracts transactions are performed and regulated through e-
governance.
ELECTRONIC RECORDS SECTION 11- 13
1. Electronic records can be sent by the originator himself or by a person who have authority to act
on behalf of originator.

pg. 6
2. Acknowledgement of receipt of electronic record be given in a particular form. Any
communication of addressee sufficient to indicate in electronic records ex: communication
done by e-mail, fax, have also reliability and authenticity.
3. Time and place of dispatch of electronic records receipt , document is also part of electronic
record. Addressee has designated a computer resource for the purpose receiving electronic
record. Receipt occurs at the time when the electronic record enters the designated computer
resources. In such process electronic record is deemed to be received at the place where
addressee has his place of business.
4. Where any security procedure has been applied to an electronic record at a specific point of
time, then such record shall be deemed to be a secure record form such point of time for
verifications.
5. An electronic signature shall be deemed to e a secure electronic signature. The signature
creation data, at the time of affixing signature, was under exclusive control of signatory and no
other person.
OFFENCES
There are various kinds of offences specified from sections 65-78 of information technology act 2000.
These are called as computer related offences.
On complaint of effected person police can book the cases and take appropriate steps such as arrests
producing in the court , custody, interrogation and investigation. There are separate punishments
depend on nature of criminal act.
1. Punishment for sending offensive messages through communication service is 3yrs
imprisonment and fine.
2. Any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience danger, obstruction, insult, injury, criminal intimidation enmity , hatred ill will by
making use of such computer resource or a communication device have also same punishment.
3. Any electronic mail message for the purpose of causing insult, to deceive or to commit fraud
have 3 yrs.
4. Punishment for dishonestly receiving stolen computer resources or communication device with
dishonest intention have 3yrs imprisonment or fine upto one lakh or both.
5. Punishment for cheating by personation by using computer resource is also 3yrs or fine upto 2
lakh
6. Punishment for violation of privacy is 3 yrs imprisonment or fine upto 2 lakh or both
7. Punishment for cyber terrorism such as threatening unity, integrity or sovereignty of india or
strike terror among the people, denial of access to computer resource or to penetrate computer
resource without authorization or introducing any computer contaminant is life imprisonment.
8. Punishment for publishing or transmitting obsence material in electronic form is 2 yrs
imprisonment
9. Punishment for publishing or transmitting material containing sexual explicit act in electronic
form is 7 yrs imprisonment and fine or both.

pg. 7
10. Punishment for publishing , transmitting of material depicting children in sexually explicit act is 7
yrs imprisonment and fine upto 10 lakh .
Therefore make offences relating information technology have been specified under the Act which
are punishable. Police have all the powers under this Act also as dealing with any other criminal Act
procedural laws such as cr.p.c .,, evidence act is also enforceable in dealing with such crimes.
There is separate courts constituted to deal with cyber crimes called as cyber appellate tribunal under
section 48-64 of IT Act 2000.
This court have all powers of criminal court to deal with cyber crimes and punish the offender according
to provisions of law. Appeal from cyber Appellate Tribunal is allowed to H.C and lastly to S.C . H.C has
power to confirm , alter, set aside decision of cyber appellate tribunal.
3Q EXPLAIN SALIENT FEATURES OF E-COMMERCE AND ITS LEGAL ASPECTS.
Commerce means trade and business and e-commerce means electronic commerce or electronic
business. E-commerce means the buying and selling of goods or services over electronic systems such
as the internet and other computer net works. E- commerce also includes the entire online process of
developing and marketing selling delivering servicing and paying for products and services.
Modern electronic commerce is based on the world wide web (www). Such as e-mail, mobile services
and mobile phones. www. Is a system of interlinked hypertext documents accessed via internet. Web
pages that may contain text images videos and other multimedia.
A website must have a valid domain name. every domain name starts with www or www2 or www3and
it is a common convention.
The airline reservations system (ARS) and computer reservations system (CRS) global distribution system
(GDS) is also e- commerce , online banking services is also e- commerce.
There is also united nations commission on international trade related association Law (UNCITRAL)
established to promote e- commerce. It hold conventions and make model laws, legal and legislative
guides updated information, technical assistance in projects and encourage regional and national
seminars. It also promote international arbitration and conciliation. In 1996 UNICITRAL made and
promoted model law on electronic commerce.
SCOPE OF E-COMMERCE.
1. E-TAXATION.
in recent period IT has created E-governance E-taxation is very specific. E-
taxation means trans-organizational processes with data transfer and it is
upload and download between IT systems of the professional and those of
the tax authorities. It is service oriented process.

pg. 8
E-taxation Has also support of tax authority processes. Tax inspectors
need support of checking the accounting data of tax payers.
Globalization has enabled a large number of multinational corporations
to grow faster in many countries including India.
E-governance means the electronic delivery of government services. It
includes on-line filing and assessment of tax returns. Electronic funds
transfer to enable taxes to be paid and refunds to be issued across the
internet. Different government departments sharing information on tax
assessments to support comprehensive policy decision making. Web-based
information portals foe use in educating tax payers and publishing
information.
E-payment facilities payment of direct taxes online by tax payers. To
avail this facility the tax payer is required to have net-banking account with
any of the authorized banks. There is PAN (PERNEMANT ACCOUNT
NUMBER) which is basic number between the banks financial institutions
etc on another side there is facility of electronic payments of TDS/TCS.
2. E-BANKING.
Online banking facilities offered by various banking institutions have
many features it includes
1 .viewing account balances.
2.viewing recent transactions
3. downloading bank statements.
4.viewing images of paid cheques.
5.ordering cheque books.
6.funds transfers between the customers linked accounts .
7.paying third parties such as bill payments and telegraphic transfers.
8.investment purchase or sale.
9.loan applicable and transactions such as repayment.
10. financial institution administration.

pg. 9
11. transaction approved processes in which message comes by SMS.
Some financial institutions offer unique banking services such as
importing data into personal accounting software. Security ofna
customers financial information is very important. There is use of
financial information is very important. There is use of website. There is
also single password authentication. There is PIN/TAN system where
the PIN represents the password authentication. The most secure
stored in the security taken and have a unique secret stored in the
security taken. TAN is valid only for short period of time. Many banks
have adopted “SMS’ service as it is considered very secure .
The signature based online banking where all transactions are
signed and encrypted digitally. The keys for the signature generation
and encryption can be stored on smart cards generation or any memory
medium , depending on the concrete implementation.
3. ONLINE PUBLISHING.
Online publishing is also referred to as electronic publishing or e- publishing or
digital publishing or web publishing. It includes the digital publication of e-book
and electronic articles. It is also becoming common to distribute books ,
magazines and newspapers to consumers through tablet reading devices. There
are online vendors and this market is growing every year.
Electronic publishing is also being used in the field of test preparation.
Electronic publishing is increasingly popular in works of fiction as well as with
scientific articles. It does not include using an offset printing press. It avoids the
distribution of a physical product, it may be distributed over the internet and
through electronic book stones.
Electronic publishing provide wider, dissemination . it includes E-book, electronic journal online
magazine online newspaper, blog digital publication mobile applications online advertising online
distribution etc.
4. CREDIT CARD PAYMENT
A credit card is a small plastic card issued by users as a system of payment. It allows its holders to buy
goods and services based on the holder’s promise to pay for these goods and services. The issuer of
card creates a revolving account and grants a line of credit to the consumer or the user from which user
can borrow money for payment to a merchant.
A credit card is different from debit card. Debit card requires the blance to be paid in full each month.
Credit cards allow the consumers a continuing balance of debt, subject to interest being charged. A

pg. 10
credit card also differs from a cash card. Which can be used like currency by the owner of the card. Most
credit cards are issued by banks or credit card.
Banks also issue ATM cards to account on their request. Bank provide secret pin code number to ATM
card holder. By using Pin number and ATM card a customer can draw amount from any ATM machine
of respective bank or other bank to certain limit. This is electronic payment to consumer and this facility
is available round the clock which is important feature of e- commerce.
5. EMPLOYMENT CONTRACTS
A contract of employment usually defined as contract of service . the companies offer the better offers
to the well educated and trained persons. Employers are providing information relating to terms and
conditions of employment , pay packages, qualifications, experience procedure of recruitment on
internet or their website. Interested candidates can provide information and offer their candidature
and upload it. Employer can download it and make selections of candidates in suitable jobs. Interviews
are also conducted online. There e- commerce have made it convenient for employers to select
candidates according to their requirements in jobs and candidates can also seek opportunities in
suitable jobs. E- commerce is also playing important role in employment market and placement for
proper utilization of human resources.
6. SELLER AND DISTRUBUTOR AGREEMENTS
There are various contracts between seller and distributor /buyer relating to various goods. E-
commerce or IT technology has made significant contribution in promoting sales of goods agreements.
It includes following points.
1. Word processing machines and electronic type writer
2. Electronic calculators
3. Computer systems
4. Uninterrupted power supplies
5. Electrical apparatus for line telephone sets
6. Multimedia speakers and phone voice recorders
7. Telephone answering machines
8. Printed circuits
9. Fax machines to dispatch documents
10. E-mails
Proforma information of agreements is also available on internet and websites. There’s also detail
about terms and conditions and warranties. Buyers or seller can et required information and draft
agreements based on terms and conditions which they have agreed.
Agreement can be dispatched by FAX on the address on buyer or seller. Electronic document have legal
authenticity. Therefore e-commerce is also promoting sale and purchase of goods.
7. COMPUTER ONLINE APPLICATIONS

pg. 11
May govt. and public departments. Universities are providing online proforma applications. They upload
it and candidate can download and obtain it, even hall tickers are also provided to candidates by upload
and download procedure which is e-commerce . it saves time, money of both the parties. Some
interview and examinations are held online.
8. ONLINE BOOKING
Now a days many institutions companies are providing various online facilities such as
1. Online booking of railway tickets
2. Online booking of cinema tickets.
3. Online booking of gas cylinders
4. Online payments of electricity bill telephone bill insurance premiums etc by banks on request of
customers
5. Immediate information given by bankers to customer on his mobile about transactions in his
account and honour or dishonor of cheques.
By all above points and various types of transactions such as e-banking , e- taxation, e-contracts it is
clear that e- commerce have promoted all commercial, business and administrative transactions. It has
also promoted international trade. All such transactions have legal authenticity under various provisions
of law.
4Q EXPLAIN PROVISIONS OF CYBER LAWS AND IT PROVISIONS RELATING TO INTELLECTUAL PROPERTY.
Cyber law or internet law is a term that encapsulates legal issues related to the internet. It is distinct
from contract law or intellectual property law. Cyber law is a domain covering many areas of law. The
unique structure of the internet has raised several judicial concerns. Since the internet defies
geographical boundaries national laws cannot apply globally. It is still in the process of development.
Another area of interest is net neutrality which affects the regulation of infrastructure of the internet.
This is turning into one of the most critical aspects of cyber law and has immediate jurisdictional
implications.
Intellectual property is the property that results from original creative thought. It can be called as a
property created by human brain. It includes many aspects such as patents, copyright, trademark, trade
name, trade number, design, secrets plant varieties , geographical indications. The rights accrued on
such intellectual property are called as “intellectual Property Rights” (IPR).
As the technologies developed at a rapid speed. The internet is also connected with mobiles. The latest
technology 3 – G spectrum has brought so many technologies, utilities and services. The numbers of
internet subscribers are growing day by day. At the same time number of cyber crimes in many ways
and shapes are also increasing.
The united nations has approved UNCITRAL model laws in 1985. All the member states have enacted the
information technology laws. Indian parliament enacted information technology act 2000 and also
amended it in 2009.

pg. 12
Now let us discuss various intellectual property rights vis-à-vis cyber laws correlated with information
technology.
COPY RIGHTS
Computer cannot work without programmes. The programme that a computer work are called
software. Internet is a global network of computers linked together by the telephone system. Once a
computer is connected to the internet, the user can send and receive electronic mail (e-mail) exchange
views, group of internet users can share the information and browse the information on the world wide
website. There is tremendous impact of information technology. Such information available online and
in digital format . it is easy to grab copies of other people’s work and incorporate it into your projects
and use it to create something different or new. Scanning technology also makes it easy to copy other’s
work in an easy portable file.
1. Copyright law restrict many activities. It is very popular using material from commercially
published songs, movies, graphics, illustration from books, music , video, online materials. If
anybody plans to publish or sell his creation then it is necessary to obtain his permission from
original copyright owner.
2. If it is free website there could be no obligation to obtain copyright permission.
3. Nobody is allowed illegal copying or scanning or unloading the pirated copies because it is code
of computer ethics. Cases of films CD’s having copyright of author
4. To certain extent, protection from the copyrights is allowed if material collected online or
websites is used for educational or research purposes.
5. “fair use” of literary information online or website is a good exception from the copyright laws.
6. One should not use his computer to harm others or interfere with other’s computer work or
computer resources without proper authorization or without paying compensation or royalty
because it is other people’s intellectual property rights.
Even though copy right is protected relating to online, website literary work but it is also difficult to
prevent violation of copyright, piracy and take appropriate legal remedies by copyright owner or author
of copyright.
1. PROTECTION OF PATENTS
1. The basic principles of patent law were developed before computers were invented . patent law
promote the progress of science and promote new inventions and protect rights of patentee or
investor
2. A patent must publicy disclose the invention and so educate the public and advance the
information about advantages and benefits of new invention
3. Organizations should be able to protect their patent right which is intellectual property, patent
protection is necessary to promote innovation.
4. New and original inventions are only patented and registered according to procedure of law of
respective country. It includes process patent and product patent.
5. Rights of the patentee or investor of one country should also be protected in other countries.

pg. 13
6. Patents encourage competitors to research and develop new and improved inventions.
7. Patentee to be provided all economic benefits for his research or invention by which new
products are manufactured and sold in markets especially medicines plant varieties, new
equipments having multiple utilities.
8. International law provides that an invention in any field of technology including software
patents have to be protected. According to the interpretation of (TRIPS) trade related
intellectual property rights agreement the software should be patent law.
9. Granted patens can be revoked if found to be invalid
10. Patent and copyright laws are applicable for the infringement of software. New invention of any
software technology have protection under patent law and any new programme comes under
literary work having protection under copyright laws. Software programmes are different than
other electromechanical devices which are typical and invested. It is having new design and
new physical features to qualify for a patent.
There should be fair use of internet . there should not be any piracy or violation of intellectual
property rights of others when information is provided on electronic media such a internet ,
websites.
There are 10 rules or principles to be followed relating to internet called as ten commandments of
internet
1. One should not use his computer to harm others.
2. One should not interfere with other’s computer work to harm others.
3. One should not snoop around in other people’s computer work.
4. One should not use computer to steal something
5. One should not use his computer to bear a false witness
6. One should not copy or use proprietary software for which he has not paid
7. One should not use other computer resources without proper authorization or without paying
proper compensation or royalty
8. One should not appropriate other people’s intellectual property rights.
9. One should think about social consequences about his illegal and unauthorized act.
10. One should always use computer in ways that ensure consideration and respect.
Owner of patent right or copyright can assign it to other person or person by executing a document. It
should be in writing and signed by the assignor. The assignment of copyright work shall also specify the
amount of royalty payable to author or his legal heirs.
.

pg. 14
If period of assignments is not stated then it shall be deemed to be 5 years from the date of assignment,
Territorial extent of Assignment can also be specified & if it is not specified, it shall presumed to extend
within india.
2. TRADE MARKS
Internet is a global system interconnected computer works. The rapid growth of technologies in
internet and world wide web have led the growth of internet users. At the same time the trademark
infringement claims and lawsuits involving the internet are also increasing because trade mark is also
intellectual property under trade mark act 1957. Trade mark infringement includes following points
1. Trademark infringement discovered on the internet
2. Inappropriate allegations of trademark infringement
3. Domain name disputes
4. Trademark infringement and domain names
5. Trademark dilution and domain names
If an infringer of trademark is known to the trademark owner and allowed to go unchallenged the
trademark owner could lose his trademark. The trade marks and logos of intellectual property law
containing discussion on trademark devices are not authorized in any way by the trademark owners.
Trademark infringement that have generated the largest amount of publicity involve domain names. To
obtain a domain name an application must be filed with appropriate registrar. In domain name disputes
the party seeking to obtain the domain name relies upon their trademark rights. Trademark
infringement, domain name disputes include as use of domain name dilutes a famous e trademark by
author.
PROTECTIONS AND REMEDIES RELATIN GTO INTELLECTUAL PROPERTY UNDER CYBER LAW
There are various authorities established for recognition and protection of intellectual property rights
even at international level such as
WIPO – World Intellectual Property Organisation
WTO – World Trade Organisation
TRIPS –Trade Related Intellectual Properties
In addition to these authorities at international level for protection of intellectual rights remedy is also
available from international court
Every state have enacted relevant laws to protect IPR and also redressal machinery such as tribunal
highcourt supreme court.
There is separate court called as cyber law appellate tribunal exclusively deals with cyber law crimes
relating to online or website IPR crimes such as piracy.

pg. 15
This redressal machinery provide the remedies as prayed and depend on nature of act and violation of
IPR rights according relevant law of the country and international treaties. It includes:
1. To award damages or compensation to effected party
2. To grant injunction order to prevent it
3. Cancellation of registration obtained by fraudulent methods
4. Seizure of objectionable material or goods
5. Imposing fines or penalties
6. Conviction or imprisonment as specified under law
Therefore cyber laws or intellectual property rights are co-related due to development of information
technology.
5Q WHAT ARE DIFFERENT KINDS OF CYBER CRIMES AND RELEVANT PROVISIONS OF IPC , CRPC,
EVIDENCE LAW TO MINIMISE AND CONTROL IT?
The terms cyber crimes also referred as computer crimes that involve computer and a network. It is also
called as criminal exploitation of internet. Majority of the cyber crimes are committed through out the
world through internet , mobiles, website, credit cards, ATM cards. There are also acts such as financial
theft and other cross boarder crimes. International legal system provide remedies through international
criminal court
Cyber crime are defined as “offence that are committed against individuals or groups of people to harm
reputation or to cause physical or mental or financial harm. These crimes are caused by using
telecommunication networks such as internet , chatroom e-mail, mobile phones through
SMS/MMS/Photos such crimes may threaten a nation’s security and financial health. Such crimes are
also committed by high profile persons such as copyright infringement child pornography and problems
of confidential information. There are national and international cyber crimes such as hacking, child
pornography, cyber stalking, virus dissemination, software piracy internet relay chat crime, credit/debit
card fraud net extortion , cyber terrorism, violation of copyright, patents, trade marks and cheating by
performing website, e-mail, messages by married persons by providing false information on website or
e-mails cyber crimes can be briefly explained as follows.
HACKING
Hacker or hacking means someone who tries to break into computer systems of private or public such
hacker would be a proficient programmer or engineer who attempts to break into computer systems
successfully. A hacker while sitting infront of his computer in his home can steal secret information of
govt. and administrative secrets. A hacker can also enter into a computer of a person anywhere in world
. it is difficult to control such a hacking by mere making the laws. Therefore hacking is considered as
international crime. In hacking there is stealing of computer programmes access to computer networks
and it is cyber crime.
PORNOGRAPHY

pg. 16
There is telecast of pornography, child pornography vulgar images or films and describing sexually
explicit activities, child abuse and also sexual activities. It is on internet, website of many countries and
it is difficult for any country to censor it. It can be called as child abuse material.’ Child sexual abuse
material . ‘depicted sexual abuse. They also telecast indecent photographs of males and females and
children which is sexual exploitation of children and adolescents. Any vulgar literature is crime under
section 294 of ipc.
It is difficult ot detect actual culprits and punish them because internet is connecting all the countries.
There is details of males and females provided on some internet , website to promote prostitution and
immoral activities. It is cyber crime which is very common but punishments to culprits are uncommon
as it is internet activity form various countries which is not censored. It is organized crime and mater of
concern for all the countries .
CYBER STALKING
Stalking behaviors are related to harassment and intimidation by individual or group of persons stalking
is the willful and repeated following , watching and harassing of other person. The purpose of stalking is
to attempt to force a relationship with someone who is unwilling or otherwise unavailable. Stalking
involves a series of actions that occur over a period of time. Stalking crimes are also carried on phones,
internet SMS on mobile phones. The cyber stalking is the use of computers or other electronic
technology to facilitate stalking. There are hi-tech equipments such as monitoring software, hidden
cameras, microphones stalkers may be psychotic and non-psychotic. Therefore stalking also become
cyber crime where monitoring software equipments are used for this purpose by the stalker.
DENIAL OF SERVICE ATTACK (DOS ATTACK)
Denial of service attack is an attempt to make a computer of network resource unavailable to its
intended users. It generally consist of the concerted efforts to prevent an internet site or service from
functioning efficiently temporarily or indefinitely perpetrators of DOS attacks typically target sites or
services hosted on web servers such as banks, credit card payment and even root name servers. It is
cyber crime relating to computer networks. Method of attack involves saturating the target machine
with external communications and it can not respond to legitimate traffic or responds so slowlu as to be
rendered effectively unavailable. Such attacks usually lead to server overload. Because of such attack it
can no longer provide it intended service or obstructing the communication media between the
intended users and the victim so that they can no longer communicate adequately. There is also
criminal act to release virus so that computer and internet may not function due to virus attacks.
SOFTWARE PIRACY
Software are fast growing and inventions and new technology are rapidly developing . there is
protection to intellectual property rights of author such as copyright , patents, designs, tradesecrets etc.
now there is software piracy and pirated copies of the Microsoft technologies have been found in every
corner of the world. Copyright infringement is done though it is crime under IPR. The cost of pirated
copies of Microsoft is very less and some persons make piracy of copyrights, patentrights design, movies

pg. 17
cartoons , thesis work without any authorization. This type of infringement of copyrights of software is
called as software piracy. There is machinery to detect it. Reasons of software piracy is less price,
unavailability of original copyright product, demand of product to make easy gai and not effective
machinery to prevent or control it. There is punishment for piracy and violation of intellectual property
right. piracy is done by stealing from internet and websites.
CREDIT CARD/ DEBIT CARD FRAUD
This fraud is economic in which one may draw funds from another’s account. It is like theft or stealing
these crimes are increasing day by day. Such person collect the information of card account holders
such as PAN number, pincode number data readable in machine and make duplicate card called as
clowning. After making card draw money from ATM, make internet purchases , make forged credit and
debit cards and use it for economic benefits which is fraud or cheating . it is difficult to make identity of
such person with but uses
NET EXTORTION
It is crime under section 383 of IPC which have 3 yrs imprisonment. Net extortion is an international
crime. Net extortion include occurs through mobiles or internet. Net extortion includes blackmailing,
mental harassment or torture . it may start in the internet relay chat or by hacking. The scam is set in
motion when the perpetrators using the various social networking sites, get hold of the personal
information of unsuspecting teenagers whom they befriend online . the extortionists would then
extract from the teens personal information, family members details and also photos. They artificially
make sexual poses by graphic technologies and blackmail them for extortion.
PHISHING
Phishing is a way to acquire information such as usernames, passwords and credit card details in an
electronic communication. Phishers are targeting the customers of banks and online payment services
social networking sites are now prime target of phishing. It is used in identity theft. Sharing site has
been targeted by phishing to obtain a premium account and misuse it.
These are the main cyber crimes having different punishments according to laws of respective country.
Cyber crimes are increasing day by day due development in software technologies
SHORT ANSWERS:
1. INTERNET JURISDICTION
Computer technology are related to the overlapping areas of information. It is relating to technology
law and the cyber law or the internet law.
Cyber law or internet law is the term relating to use of the internet. It has domain covering many areas
of law and regulation. Therefore internet users to have information about internet access. Internet
usage, piracy, freedom of expression and jurisdiction.

pg. 18
Internet is nothing but connecting various computers in the country and other countries with same
information.
Information on internet is national and international and it is called as online information. Many
commercial transactions are carried by internet called as online transaction or e- governance and e-
commerce.
Internet jurisdiction is where cyber crime is committed then effected party can take remedy in that
country and place. There is also jurisdiction of the country where uploading and downloading of
information is done which is piracy or violation of IPR. Therefore double jurisdiction or wide jurisdiction
is available for internet or cyber crimes.
DIGITAL SIGNATURE
SECTION 3 AND 3-A of information technology act 2000 explains the provisions about the digital
signature and electronic signature
Any subscriber may authenticate an electronic record by affixing his digital signature. It includes
following points.
1. To derive or reconstruct original electronic record there is use of digital signature.
2. Two electronic records produce same result
3. Any person by the use of public key of the subscriber find out digital signature and verify
electronic record.
4. Private key and the public key are unique to the subscribes called as key pair to identify digital
signature and relevant electronic record.
A subscriber many authenticate any electronic record by such electronic or digital signature. It is much
reliable .. the signature creation data should be within the context in which they are used linked to the
signatory. Signature creation data at the time of signing should be under control of signatory. Any
alteration to the digital signature after affixing the signature is detectable . it fulfills other conditions
which may be prescribed.
Therefore digital signature have specific significance to maintain secrecy of electronic records. It is only
available after using public key
2. ROLE OF CYBER APPELLATE TRIBUNAL
Under sections 48-64 of information technology act 2000, there are provisions relating to cyber
appellate tribunal. As cyber crimes are increasing day by day central government have established an
authority for redressal at various places known as cyber appellate tribunal.
Tribunal should be equal to the rank of high court judge. Such person is appointed who has professional
experience and special knowledge in information technology and management of consumer affairs

pg. 19
The term of chair person and members of the cyber appellate tribunal is for 5yrs or 65 yrs. Whichever is
earlier. Salary allowances and terms and conditions of employment are fixed by central govt.
After decision of concerned officer appeal is allowed before tribunal relating cyber crimes. This tribunal
consisting of chairperson and 2 members and decision is give collectively or by majority opinion. It has
all powers of civil court. For cyber crime civil court have no jurisdiction.
Tribunal have power to impose penality or give conviction upto 3 yrs imprisonment or both relating to
cases of cyber crimes, offence can be compounded by complainant by permission of tribunal before
judgment. There is right of representation by parties or they can engage advocates to represent cases,
all provision of cyber laws and procedural laws are applicable in tribunal and appeal is allowed from
tribunal to high court and lastly to SC.
CREDIT CARD
Under e-commerce various cards are introduced to carry on financial transactions such as credit card,
debit card, ATM card.
Credit card/debit card account information is stored in a number of formats. The credit card/debit card
have PAN numbers imprinted on it. A magnetic strip on the back contains the data in machine readable
in format. It includes:
1. Name of the card holder
2. Account number
3. Expiration date
4. Verification/CVV code / Pin code.
It is plastic card and it is used by the owner or holder. On credit card by using secret pin number it can
be used for online buying of the goods or articles to certain limit. Bank issues such cards when the
account holder applies and complete required formalities. Banker charge interest on amount of online
purchasing. After expiry of date it can be renewed again.
ATM card is used for withdrawal of money to certain limit though ATM machines by using ATM card and
pin code number.
ATM card is used for withdrawal of money to certain limit through ATM machines by using ATM card
and pin code number
When information about cardholder pass on to other person then he can make and use bogus card
called as clowning. Cyber crimes are much increasing in the field of credit card/ debit card, ATM cards
due to development in infotainment technology.
ESCROW AGREEMENTS
An escrow refers to a writing deposited with someone until the performance of an act or the occurrence
of an event specified in that writing. The directions given to the person who accepts delivery of the

pg. 20
document are called the escrow agreement and they are binding between the persons who promises
and the person whom the promise is made. The writing is held in escrow by a third person until the
purpose of the underlying agreement is accomplished.
Escrow is typically requested by a party licensing software to ensure maintenance of software. As the
continued operation and maintenance of software is difficult to may companies, they usually desire to
make sure that it continues , even If the licensor becomes unable to do so. Source code escrow ensures
that the licensee obtains access to the source code oly when the maintainance of the software can not
otherwise be assured.
Source code escrow takes place in a contractual relationship, formalized in a source code escrow
agreement between one or several licensors, one or several licensees and the escrow agent.
They specify the subject and scope of escrow they oblige the licensor to put updated versions of the
software in escrow in specific intervals. They specify the conditions that must be met for the agent to
release the source code to the licensee. They also procide for the fees due to the escrow agent for his
service.
Therefore escrow agreement is different from other agreements
WIPO
WIPO means world intellectual property organization . it is dedicated to developing a balance and
accessible international intellectual property systems which rewards creativity , stimulates innovation
and contributes to economic development while safeguarding the public interest.
WIPO was established by WIPO convention 1967 . the main objectives of WIPO are to promote and to
protect intellectual property rights universally and to ensure administrative cooperation and co-
ordination among the intellectual property unions, the objects of WIPO are:
1. Harmonise national intellectual property legislation and the procedures
2. Provide services for international applications for industrial property rights
3. Exchange intellectual property information
4. Provide legal and technical assistance to developing and other countries
5. Facilitate the resolution of private intellectual property disputes
6. Storing, accessing valuable intellectual property information .
There are three organs of WIPO and the are
• The general assembly
• The conference
• Executive committee
General assembly members meet every 3yrs . it is specialized agency of UNO .. WIPO expanded the rile
in the management of IPR by entering into a cooperation agreement with WTO. There is separate

pg. 21
administrative organ of WIPO and it is secretariat. WIPO has formulated the uniform domain name
dispute resolution policy to solve disputes through arbitration.
Therefore the role of WIPO is very much significant in IPR in the world of information technology.

IT (4).pdf

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to IT (4).pdf

Similar to IT (4).pdf (20)

Recently uploaded

Recently uploaded (20)

IT (4).pdf