Cyber Law

and Ethics
B.Tech (CSE)
Notes

Prepared By:
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UNIT -1
Introduction to Cyber Law
How Computers Evolved?
Computers in the form of personal desktop computers, laptops and
tablets have become such an important part of everyday living that it
can be difficult to remember a time when they did not exist. In reality,
computers as they are known and used today are still relatively new.
Although computers have technically been in use since the abacus
approximately 5000 years ago, it is modern computers that have had
the greatest and most profound effect on society. The first full-sized
digital computer in history was developed in 1944. Called the Mark I,
this computer was used only for calculations and weighed five tons.
Despite its size and limited ability it was the first of many that would
start off generations of computer development and growth.

First Generation Computers

First generation computers bore little resemblance to computers of

today, either in appearance or performance. The first generation of
computers took place from 1940 to 1956 and was extremely large in
size. The inner workings of the computers at that time were
unsophisticated. These early machines required magnetic drums for
memory and vacuum tubes that worked as switches and amplifiers. It
was the vacuum tubes that were mainly responsible for the large size
of the machines and the massive amounts of heat that they released.
These computers produced so much heat that they regularly

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overheated despite large cooling units. First generation computers

also used a very basic programming language that is referred to as
machine language.

Second Generation Computers

The second generation (from 1956 to 1963) of computers managed to

do away with vacuum tubes in lieu of transistors. This allowed them
to use less electricity and generate less heat. Second generation
computers were also significantly faster than their predecessors.
Another significant change was in the size of the computers, which
were smaller. Transistor computers also developed core memory
which they used alongside magnetic storage.

Third Generation Computers

From 1964 to 1971 computers went through a significant change in

terms of speed, courtesy of integrated circuits. Integrated circuits, or
semiconductor chips, were large numbers of miniature transistors
packed on silicon chips. This not only increased the speed of
computers but also made them smaller, more powerful, and less
expensive. In addition, instead of the punch cards and the printouts of

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previous systems, keyboards and monitors were now allowing people

to interact with computing machines.

Fourth Generation Computers

The changes with the greatest impact occurred in the years from 1971
to 2010. During this time technology developed to a point where
manufacturers could place millions of transistors on a single circuit
chip. This was called monolithic integrated circuit technology. It also
heralded the invention of the Intel 4004 chip which was the first
microprocessor to become commercially available in 1971. This
invention led to the dawn of the personal computer industry. By the
mid-70s, personal computers such as the Altair 8800 became
available to the public in the form of kits and required assembly. By
the late 70s and early 80s assembled personal computers for home
use, such as the Commodore Pet, Apple II and the first IBM
computer, were making their way onto the market. Personal
computers and their ability to create networks eventually would lead
to the Internet in the early 1990s. The fourth generation of computers
also saw the creation of even smaller computers including laptops and
hand-held devices. Graphical user interface, or GUI, was also
invented during this time. Computer memory and storage also went

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through major improvements, with an increase in storage capacity and

speed.

The Fifth Generation of Computers

In the future, computer users can expect even faster and more
advanced computer technology. Computers continue to develop into
advanced forms of technology. Fifth generation computing has yet to
be truly defined, as there are numerous paths that technology is taking
toward the future of computer development. For instance, research is
ongoing in the fields of nanotechnology, artificial intelligence, as well
as quantum computation.

Emergence of cyber space

cyberspace, amorphous, supposedly “virtual” world created by links

between computers, Internet-enabled devices, servers, routers, and
other components of the Internet’s infrastructure. As opposed to the
Internet itself, however, cyberspace is the place produced by these
links. It exists, in the perspective of some, apart from any particular
nation-state.

The term cyberspace was first used by the American-

Canadian author William Gibson in 1982 in a story published

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in Omni magazine and then in his book Neuromancer. In this science-

fiction novel, Gibson described cyberspace as the creation of
a computer network in a world filled with artificially
intelligent beings.

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Cyber Jurisprudence

Introduction
Jurisprudence can be defined as the science and philosophy or theory of the law.
Applying jurisprudence to cyber law gives rise to the legal study that concentrates
on the logical structure, the meanings and uses of its concepts, and the formal
terms and modes of operation of cyber law. Cyberlaw is a very recent concept and
if compared with other older branches of the law, is a little structured study.
The term cyberspace was originally coined by a science fiction writer William
Gibson to depict data matrices existing in a dark distant future which means the
information spaces made by the technology of digital networked computer systems
that ultimately connect with the mother of all networks that is the Internet. With
the advent of the internet and technology, cyberspace along with a number of
crimes related to the same emerged and expanded. As we enter the cyber age, the
law on all fronts is struggling to keep pace with technological advances in
cyberspace. While there is a prosperous discussion of the nature of cyber law and
its challenges, still a
fundamental body of scholarly contributions to the discussion is lacking. The
outgrowth of cyber jurisprudence around the world has promoted the emergence of
newer dimensions in Law. The focus is on the practical aspect of cybercrime with
the initial attempt to extend the known physical society concepts to the virtual
space rather than the theory, philosophy, and science of cyberlaw generally. Hence
in due course, we need to develop separate Cyber Jurisprudence to deal with future
disputes.
The modern jurists have been cautious to endow with the rationale pedestal of
jurisprudence to this ruling and now ascertained utmost exact definition of cyber
jurisprudence as this describes the principles of legal issues, which exclusively

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regulates the cyberspace and internet can be termed as cyber jurisprudence with a
virtual approach.

Jurisprudential Aspects of Cyber Laws

Cyber jurisprudence gives an analysis of the land with land and no
border, different from the physical world, they may be virtual from
origin and nature. This covers the virtual world with virtual rules and
policies, along with the virtual subject matter, virtual contracts, virtual
disputes, virtual property, virtual possession, and virtual court.
The existence of an item in the context of a virtual world, such as an
e-mail account or an online game, is also a form of virtual property. It
emphasizes the composite idea of cyber jurisdiction, cyber court’s
venue in the cyberspace, and recognize uniform cyber rules and
policies at the international level. Framing rules and laws to cover
every aspect will be an arduous task since the cyber world has no
boundaries.
However, a balance has to be maintained and laws be evolved in order
to keep a check on cybercrimes. Whenever a conflict is encountered
in implementing existing laws of the real space to Cyber Space, the
laws of the real space have prevailed, overtime this tendency is likely
to develop into a principle of “Primacy of Meta Space” and become
the bedrock of Jurisprudence. However, the principle fails when two
laws of the real space itself come into conflict in the Cyber Space.

Doctrinal approach
Cyber Law also called IT Law is the law regarding Information-
technology including computers and the internet. It is related to legal
informatics and supervises the digital circulation of information,
software, information security, and e-commerce.
IT law does not consist of a separate area of law rather it encloses
aspects of contract, intellectual property, privacy, and data protection
laws. Intellectual property is a key element of IT law. The area of
software license is controversial and still evolving in Europe and
elsewhere.

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According to the Ministry of Electronics and Information

Technology, Government of India :

Cyber Laws yields legal recognition to electronic documents and a

structure to support e-filing and e-commerce transactions and also
provides a legal structure to reduce, check cyber crime

Importance of Cyber Law:

1. It covers all transactions over the internet.
2. It keeps eye on all activities over the internet.
3. It touches every action and every reaction in cyberspace.

Area of Cyber Law:

Cyber laws contain different types of purposes. Some laws create
rules for how individuals and companies may use computers and the
internet while some laws protect people from becoming the victims
of crime through unscrupulous activities on the internet. The major
areas of cyber law include:
1. Fraud:
Consumers depend on cyber laws to protect them from
online fraud. Laws are made to prevent identity theft, credit
card theft, and other financial crimes that happen online. A
person who commits identity theft may face confederate or
state criminal charges. They might also encounter a civil
action brought by a victim. Cyber lawyers work to both
defend and prosecute against allegations of fraud using the
internet.

2. Copyright:
The internet has made copyright violations easier. In the
early days of online communication, copyright violations
were too easy. Both companies and individuals need lawyers
to bring an action to impose copyright protections.
Copyright violation is an area of cyber law that protects the
rights of individuals and companies to profit from their
creative works.

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3. Defamation:
Several personnel uses the internet to speak their mind.
When people use the internet to say things that are not true,
it can cross the line into defamation. Defamation laws are
civil laws that save individuals from fake public statements
that can harm a business or someone’s reputation. When
people use the internet to make statements that violate civil
laws, that is called Defamation law.

4. Harassment and Stalking:

Sometimes online statements can violate criminal laws that
forbid harassment and stalking. When a person makes
threatening statements again and again about someone else
online, there is a violation of both civil and criminal laws.
Cyber lawyers both prosecute and defend people when
stalking occurs using the internet and other forms of
electronic communication.

5. Freedom of Speech:
Freedom of speech is an important area of cyber law. Even
though cyber laws forbid certain behaviors online, freedom
of speech laws also allows people to speak their minds.
Cyber lawyers must advise their clients on the limits of free
speech including laws that prohibit obscenity. Cyber lawyers
may also defend their clients when there is a debate about
whether their actions consist of permissible free speech.

6. Trade Secrets:
Companies doing business online often depend on cyber
laws to protect their trade secrets. For example, Google and
other online search engines spend lots of time developing
the algorithms that produce search results. They also spend a
great deal of time developing other features like maps,
intelligent assistance, and flight search services to name a
few. Cyber laws help these companies to take legal action as
necessary to protect their trade secrets.

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7. Contracts and Employment Law:

Every time you click a button that says you agree to the
terms and conditions of using a website, you have used
cyber law. There are terms and conditions for every website
that are somehow related to privacy concerns.

Consensual approach
A consensual definition allows future research to be aligned and it
facilitates the interpretation and comparison of existing research. The
findings suggest that the routine activity approach can be applied to
the digital world

Cyber Ethics
Cyber ethics is the philosophic study of ethics pertaining to
computers, encompassing user behavior and what computers are
programmed to do, and how this affects individuals and society. For
years, various governments have enacted regulations while
organizations have defined policies about cyberethics.
In the late 19th century, the
invention of cameras spurred similar ethical debates as the internet
does today. During a seminar of Harvard Law Review in 1890,
Warren and Brandeis defined privacy from an ethical and moral point
of view to be:
"central to dignity and individuality and boyhood. Privacy is
also indispensable to a sense of autonomy — to 'a feeling that
there is an area of an individual's life that is totally under his or
her control, an area that is free from outside intrusion.' The
deprivation of privacy can even endanger a person's health."
Over 100 years later, the internet and proliferation of private data
through governments and ecommerce is an area which requires a
new round of ethical debate involving a person's privacy.
Privacy can be decomposed to the limitation of others' access to an
individual with "three elements of secrecy, anonymity, and

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solitude." Anonymity refers to the individual's right to protection

from undesired attention. Solitude refers to the lack of physical
proximity of an individual to others. Secrecy refers to the
protection of personalized information from being freely
distributed.
Individuals surrender private information when conducting
transactions and registering for services. Ethical business practice
protects the privacy of their customers by securing information
which may contribute to the loss of secrecy, anonymity,
and solitude. Credit card information, social security numbers,
phone numbers, mothers' maiden names, addresses and phone
numbers freely collected and shared over the internet may lead to a
loss of Privacy.
Fraud and impersonation are some of the malicious activities that
occur due to the direct or indirect abuse of private
information. Identity theft is rising rapidly due to the availability of
private information in the internet. For instance, seven million
Americans fell victim to identity theft in 2002, and nearly 12
million Americans were victims of identity theft in 2011 making it
the fastest growing crime in the United States.] Public
records search engines and databases are the main culprits
contributing to the rise of cybercrime. Listed below are a few
recommendations to restrict online databases from proliferating
sensitive personnel information.

1. Exclude sensitive unique identifiers from database

records such as social security numbers, birth dates,
hometown and mothers' maiden names.
2. Exclude phone numbers that are normally unlisted.
3. Clear provision of a method which allows people to
have their names removed from a database.
4. Banning the reverse social security number lookup
services.

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Cyber Jurisdiction
A fast-paced world, and surprisingly fitting in one’s hand. The world
is in the era of “internet and cyberspace”, and it seems faster and
better than ever. But it all comes with a price, that mankind is still in
the exploration of. Just as in the real and physical world, the virtual
space created by humans also sees a plethora of criminal activities on
a day to day basis where the data of millions of people acts as
valuable assets. It has the power to instigate a civil war or to destroy
nations altogether, steal data for ransom, or even rob millions from a
bank in seconds. It becomes quite a challenge to map out a conclusive
set of applicable laws to contain this mass virtual force. The major
obstacle being how, when these offences are prosecuted, the personal
jurisdiction is to be applied.

This article breaks down how the legal principles have evolved while
determining personal jurisdiction in cyberspace.

Cyberspace- The Virtual Universe

Cyberspace is an imaginary area or a virtual space where a connection

can be established between two computers at any two points in the
world, with absolutely no limits.

The word ‘cyberspace’ was used in the Novel ‘Neuromancer’ by

William Gibson, for the first time in 1984, which is a science fiction
and defined as an interaction between the human mind and computers.
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While cyberspace and the internet share very similar connotations,

cyberspace can be defined as anything that is done using the internet,
while the internet is a network or networks.

In layman terms “cyberspace” is a virtual universe made up of the

widely spread and interconnected digital gadgets and technology,
enabling one to create, modify, share, exchange, extract and destroy
the physical resources floating all over the internet.

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The world we live in is possibly at its simplest, most sophisticated

version, as at this point in time, and we could only hope for it to make
many innovative new changes. The world seems so much smaller at
our fingertips, lives have collectively become easier. Education, E-
commerce, shopping, banking, and almost every other essential has
taken its spot on the internet. In fact, some of the richest multinational
companies are that of Google and Facebook that are empires built
virtually on nothing but data. The huge number of users are the
customers and their personal information, the asset. Each of these
businesses run on nothing but loads of information, some private,
some not, and it becomes necessary to build a hyper-vigilant
screening process in providing our personal information, because of
the immense threats that tag-along with this mighty tool.

With business transactions moving online, the conventional methods

of dealing with legal complications are also in need of remoulding to
fit into the present, needful circumstances.

It is often very ambiguous to decipher what place holds jurisdiction

over disputes that arise in the vast cyberspace. In her paper
“Principles of Jurisdiction”, Betsy Rosenblatt states that “a court must
first decide “where” the internet conduct takes place, and what it
means for internet activity to have an “effect” within a state or a
nation”.

The concept of national borders and distance stands irrelevant in

cyberspace. By setting up a website from a home computer, here in
India, one can grant access to anybody around the world, making
communication a piece of cake. While communication is easier, the
legal threats posed are quite drastic.

Threats To Cyberspace

With the amount of information being constantly exchanged, the

threats in cyberspace are equally large. It is also important to register
the intensity of changes the cyberspace is constantly subjected to,
which concurrently aids in the advancement of the cyberattacks.

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Cyberattacks can range from personal data breaches to mass frauds,

each of which is equally dangerous and harmful, putting one’s usage
of cyberspace at risk.

Cyberattacks are where internet users use malicious maneuvres to

steal, destroy, expose, or gain unauthorized access into the personal
information of a person, company, military databases, etc.,

Cyberattacks are a part of cyber warfare- where cyberspaces

containing classifies military information, are attacked to wage war
and other military purposes, and cyber terrorism- where cyberspaces
are used to conduct violent criminal activities.
Some of these common cyberattacks include phishing, identity theft,
ransomware, hacking, child pornography, malware, credit or debit card
frauds, disinformation- harming an individual, property or a nation.

Hierarchy of courts, Civil and criminal jurisdictions.

Senior Civil Judge Court, Principal Junior Civil Judge Court and
Junior Civil Judge Court are the Subordinate Courts in civil cases.
Chief Judicial Magistrate, First Class Judicial Magistrate Court and
Second Class Judicial Magistrate Court are the Subordinate Courts in
criminal cases.
Jurisdiction of Subordinate Court
The Code of Criminal Procedure provided provisions for the
jurisdiction in criminal matters.

Section 14 of the CrPC deals with the local jurisdiction of Judicial

Magistrates. This section empowers the Chief Judicial Magistrate, who
is subjected to the control of the High Court that he can define the local
limits of the areas from time to time, within which the Magistrates
exercise all or any of the powers with which they are invested under
this code:

1. It is provided that the Special Judicial Magistrate Court may

hold its sitting at any place within its local jurisdiction.

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2. If the exception is provided by such definition then the powers

of the Magistrate and its local jurisdiction shall extend
throughout the district.
3. Where the local jurisdiction of a Magistrate has been extended
beyond the district of its jurisdiction or the metropolitan area,
as the case may be in which he generally holds court, any
reference in this code to the Court of Session, Chief
Metropolitan Magistrate or the Chief Judicial Magistrate, in
relation to such magistrate, throughout the area which comes
under his local jurisdiction, be interpreted, unless the
circumstances otherwise requires, as a reference to the Court
of Session, Chief Judicial Magistrate, or Chief Metropolitan
Magistrate, as the case may be exercising jurisdiction in
relation to that district or metropolitan area.
Section 22 of the CrPC deals with the local jurisdiction of Executive
Magistrates. This section empowered the District Court, which is
subjected to the control of the State Government, that it can draw the
local limits of the areas under which the Executive Magistrates may use
all or any of the powers with which they may be endowed under this
code but there are exceptions when the powers and jurisdiction of such
Magistrate shall extend throughout the district.

Section 27 of the CrPC deals with the jurisdiction in the case of

juveniles. If the accused is under the age of sixteen years then the case
is tried by the Court of the Chief Judicial Magistrate or by any court
which is tried under the Children Act, 1960.

Section 177 to Section 189 of the CrPC deals with the provisions
related to inquiries and trials of the jurisdiction of the Criminal Courts.

Section 177 of the CrPC provides that the court which comes under the
local jurisdiction where the offence has been committed then that
offence must be inquired and tried by that court.

Section 178 of the CrPC deals with the provisions related to the place
where trial or enquiry of offence should be commenced when there is
uncertainty regarding the place of commencement of offence.

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Section 179 of the CrPC provides that the trial of the offence is
commenced at the place of the act where it is done or the place where
the consequence ensues.

Section 180 of the CrPC provided the provisions for a place of trial in
a situation where an act becomes offence due to another offence.

In case of certain offences, Section 181 of the CrPC provides

provisions for the place of trial for such offences.

Section 182 of the CrPC deals with the offences which are committed
by telecommunication messages or by letters etc.

Section 183 of the CrPC deals with the offences which are committed
during journey or voyage.

Section 184 of the CrPC deals with the offences which are triable
together and provide provisions for such offences.

Section 185 of the CrPC empowered the State Government to direct

any cases or class of cases can be tried in a Sessions Court for which
the trial has been committed in any district.

Section 186 of the CrPC empowered the High Court to decide the
district where the trial or inquiry of offence should be commenced in
cases where there is confusion regarding the place of trial.

Section 187 of the CrPC empowers the Magistrate to issue warrant or

summons for the offence which is committed beyond the local
jurisdiction.

Section 188 of the CrPC describes the offences which are committed
outside the territory of India.

Section 189 of the CrPC provides the authority to the Central

Government that it can take the receipt of evidence for the offences
which are committed outside the territory of India.

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The Code of Civil Procedure, 1908, provided provisions for the

jurisdiction in case of civil matters.

Section 15 of the CPC provides that the suit for the offence firstly have
to be instituted in the Court of the lowest grade competent for the trial.

Section 16 of the CPC provided that where suits have to be instituted,

should be based on the subject matter which is subject to the pecuniary
or other limitations prescribed by the law.

Section 17 of the CPC provided that the suits for the immovable
property have to be filed within the local limits of whose jurisdiction
where any part of the property is situated.

Section 18 of the CPC provided provisions for the place of institution

of the suit where local limits of the jurisdiction of Courts are uncertain.

Section 20 of the CPC provided provisions for the place of institution

of other suits. It states that suits for the offence have to be instituted
where the cause of action arises or at the place where the defendants
reside.

Conclusion
It is evident from this article that the Constitution of India played a
crucial role in the rules and laws which are enforced from time to time
to strengthen the judicial system of the country. The three-layer judicial
system is necessary for the proper functioning of the judiciary in a big
country like India to ensure proper justice to the citizens of a country.
Every day a lot of disputes were raised, so proper hierarchy of courts
and their jurisdiction should be properly defined to deal with such
disputes.

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Cyberspace-Web space

What Does Cyberspace Mean?

Cyberspace refers to the virtual computer world, and more

specifically, an electronic medium that is used to facilitate online
communication. Cyberspace typically involves a large computer
network made up of many worldwide computer subnetworks that
employ TCP/IP protocol to aid in communication and data exchange
activities.

Cyberspace's core feature is an interactive and virtual environment for

a broad range of participants.

In the common IT lexicon, any system that has a significant user base
or even a well-designed interface can be thought to be “cyberspace.”

Techopedia Explains Cyberspace

Cyberspace allows users to share information, interact, swap ideas,

play games, engage in discussions or social forums, conduct business
and create intuitive media, among many other activities.

The term cyberspace was initially introduced by William Gibson in

his 1984 book, Neuromancer. Gibson criticized the term in later
years, calling it “evocative and essentially meaningless.”
Nevertheless, the term is still widely used to describe any facility or
feature that is linked to the Internet. People use the term to describe
all sorts of virtual interfaces that create digital realities.

More on Cyberspace

In many key ways, cyberspace is what human societies make of it.

One way to talk about cyberspace is related to the use of the global
Internet for diverse purposes, from commerce to entertainment.
Wherever stakeholders set up virtual meeting spaces, we see the
cyberspace existing. Wherever the Internet is used, you could say, that
creates a cyberspace. The prolific use of both desktop computers and

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smartphones to access the Internet means that, in a practical (yet

somewhat theoretical) sense, the cyberspace is growing.

Another prime example of cyberspace is the online gaming platforms

advertised as massive online player ecosystems. These large
communities, playing all together, create their own cyberspace worlds
that exist only in the digital realm, and not in the physical world,
sometimes nicknamed the “meatspace.”

To really consider what cyberspace means and what it is, consider

what happens when thousands of people, who may have gathered
together in physical rooms in the past to play a game, do it instead by
each looking into a device from remote locations. As gaming
operators dress up the interface to make it attractive and appealing,
they are, in a sense, bringing interior design to the cyberspace.

In fact, gaming as an example, as well as streaming video, shows

what our societies have largely chosen to do with the cyberspace as a
whole. According to many IT specialists and experts, including F.
Randall Farmer and Chip Morningstar, cyberspace has gained
popularity as a medium for social interaction, rather than its technical
execution and implementation. This sheds light on how societies have
chosen to create cyberspace.

Theoretically, the same human societies could create other kinds of

cyberspace—technical realms in which digital objects are created,
dimensioned and evaluated in technical ways. For example,
cyberspaces where language translation happens automatically in the
blink of an eye or cyberspaces involving full-scale visual inputs that
can be rendered on a 10-foot wall

In the end, it seems that the cyberspaces that we have created are
pretty conformist and one-dimensional, relative to what could exist. In
that sense, cyberspace is always evolving, and promises to be more
diverse in the years to come.

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Web hosting and web Development agreement

In today’s time, companies need to have a portfolio on the web

or the platform of it’s own to offer their service and market
themselves. Company hires some other party to complete this
project for them i.e, Web Development agencies, And here
comes the main process which most of the startups skips
finding it of no Use, A website Development contract or a
Simple website Development Agreement Document

In this article we are going to discuss the Importance of

Agreement between a startup and A web development agency.
Also, we have drawn out 5 important reasons, of Why Website
Development Agreement India is important.

Agreement for website development between a company and

the web developer that assigns the responsibilities, duties,
liabilities, terms and conditions of both the parties. The main
objective of a web development contract is to ensure that the
company gets the website created that it requires by assigning
the obligation on the web developer to create the site
according to the company's specifications and requirements
and which shall be governed by the Indian Contract Act, and
with other relevant laws and regulations that may be subject
to compliance like IT Act, Copyright Act etc.

Im p o r t a n c e t o h a v e a W e b s i t e D e v e l o p m e n t
Agreement

• It helps in saving time and is an efficient way of developing

websites as professionals are hired to do the task as it
provides clarity in understanding the scope of work and
deliverables.

• It protects the confidential information of the company by

restricting the developers to share the information with
third parties.

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• A well-defined development contract removes the

possibility of misunderstanding, confusion, and disputes
between the parties.

• It helps in proper and efficient functioning of the website

as per the changing need and demand of the platform

Legal and of domain Names

A domain name is not protected under any law in India. Thus, any
person or business obtains protection to a newly created domain name
in India under the Trade Marks Act, 1999 and the Trade Marks Rules,
2002. At the international level, the domain names as trademarks are
registered by only the ICANN (Internet Corporation for Assigned
Names and Numbers) organisation.

At the international level, the domain names as trademarks are

protected by the ICANN along with the diverse International
Trademark Treaties of the world and the directly concerned national
Trademark Law.

After the domain name is registered as a trademark under the

Trademarks Act, 1999 (‘Act’), the registered domain name owner will
have all rights and authorities that the registered trademark owners
avail in India. It will be granted protection as a trademark under the
Act’s provisions, including the right to sue for infringement or
passing off.

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Any person using a domain name registered as a valid and subsisting

trademark under the Act in an unauthorised manner will be held liable
for infringement of the trademark of the domain name under Section
29 of the Act.

The owners of unregistered trademarks are also entitled to the

protection of trademark if they are the prior user of the mark and it
has acquired distinctiveness. When there is a misrepresentation of the
unregistered mark by anyone else representing them to be his/her
goods, and it is likely to deceive the relevant public, the unregistered
trademark owner can sue for passing off.

Domain names serve as significant elements in trade and any

commercial activity on the internet. Especially the businesses that
work solely on the online platform require the protection of their
domain names. In India, the Trademarks Act, 1999, confer protection
to the domain names in the world. Thus, registered domain names can
obtain the protection of trademark infringement, and the unregistered
domain name can get the protection of passing off under the Act.

What is a Domain Name?

A domain name is an identification or the interest address of a

business. Many top brand business owners use their brand names as
domain names. It is not mandatory to purchase the domain name
exactly the same as your brand name. But I will recommend
purchasing the domain name with your brand name.

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Therefore, the best way to remember and recognize your brand name
is a perfect and unique domain name. It helps strategize your brand
name across marketing channels. Domain Name can be used once
after the registration.

However, Domain names can be a combination of alphabets and

numbers letters. But I would recommend avoid using numbers in the
domain name. Because the number will confuse users to remember
and search.

For Example way2digital, it is easy to say but when writing it could

be like “waytwodigital” or “way to digital” or “way2digital”

Similarly, there is a possibility to the same domain names with

different domain extensions like COM (www.domain.com), or.IN
(www.domain.in) and etc. Based on demand and the huge growth of
industries, competitors the domain extensions are also been
developed.

Significance of Domain Name?

There is much importance of domain names in the digital world of

2020. With the digital transformation of technology, the use of
smartphones and the internet, mobile internet data availability and
power of social media help the business to grow. Therefore, to
empower the growth of business and brand visibility in the internet
world the primary thing is a domain name.

“The domain name is nothing but the foundation of your business“.

• It increases your online presence in the digital world or

geographic locations.
• The most convenient way to get connected with your audience
at their fingertips.
• Adds credibility to small or meddle level business.
• Increases your brand reputation for business
• Increases trust in a walk-in business.

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• The best user experience of your product and services.

• Empower your business demand and revenue growth.

How Does Domain Work?

When you enter the domain name or website in your browser or any
search engine (like Google, Yahoo, or Bing) instantly sends a request
to find that site. The browser opens up with all your product or
service information available on your website. Similarly, the search
engine result page gives multiple websites or domain name
information.

Internet as a tool for global access

Global internet access creates an equal playing field for both the most
and least developed countries in our world socially, politically, and
economically. Bridging the digital divide requires hard work from the
public, private, and nonprofit sectors.
Part of the U.N.’s goals in the
2030 Agenda for Sustainable Development is to “significantly
increase access to information and communications technology and
strive to provide universal and affordable access to the Internet in the
least developed countries by 2020.”
In 2015, 54 percent of people in developing countries reported using
the internet at least occasionally. Eighty-seven percent reported using
the internet in developed countries in the same year.
The World Economic Forum described how the internet boosts
economies in developing countries through increasing efficiency and
productivity in many industries, and also provides financial, health,
and educational services to those in developing countries.
Also, social media empowers people to rebel against dictatorships.
For example, in 2011, Egyptian citizens organized protests against
former President Hosni Mubarak using Facebook and Twitter.
Similarly, in 2013, Turkish citizens turned to social
media outlets such as Facebook, Twitter, Ustream, and Vine for
information on protests, since formal media outlets were censored.

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 Unit-2
Information Technology Act

Overview of IT Act, 2000

The Information Technology Act, 2000 also Known as an IT Act is
an act proposed by the Indian Parliament reported on 17th October
2000. This Information Technology Act is based on the United
Nations Model law on Electronic Commerce 1996 (UNCITRAL
Model) which was suggested by the General Assembly of United
Nations by a resolution dated on 30th January, 1997. It is the most
important law in India dealing with Cybercrime and E-Commerce.
The main objective of this act is to carry lawful and trustworthy
electronic, digital and online transactions and alleviate or reduce
cybercrimes. The IT Act has 13 chapters and 90 sections. The last
four sections that starts from ‘section 91 – section 94’, deals with the
revisions to the Indian Penal Code 1860.
The IT Act, 2000 has two schedules:
• First Schedule –
Deals with documents to which the Act shall not apply.
• Second Schedule –
Deals with electronic signature or electronic authentication
method.
The offences and the punishments in IT Act 2000 :
The offences and the punishments that falls under the IT Act, 2000
are as follows :-

1. Tampering with the computer source documents.

2. Directions of Controller to a subscriber to extend facilities to
decrypt information.
3. Publishing of information which is obscene in electronic
form.
4. Penalty for breach of confidentiality and privacy.
5. Hacking for malicious purposes.
6. Penalty for publishing Digital Signature Certificate false in
certain particulars.

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 7. Penalty for misrepresentation.
8. Confiscation.
9. Power to investigate offences.
10. Protected System.
11. Penalties for confiscation not to interfere with other
punishments.
12. Act to apply for offence or contravention committed
outside India.
13. Publication for fraud purposes.
14. Power of Controller to give directions.
Sections and Punishments under Information Technology Act, 2000
are as follows :
SECTION PUNISHMENT
Section 43 This section of IT Act, 2000 states that any act of destroying, altering
or stealing computer system/network or deleting data with malicious
intentions without authorization from owner of the computer is liable
for the payment to be made to owner as compensation for damages.

Section 43A This section of IT Act, 2000 states that any corporate body dealing
with sensitive information that fails to implement reasonable security
practices causing loss of other person will also liable as convict for
compensation to the affected party.
Section 66 Hacking of a Computer System with malicious intentions like fraud
will be punished with 3 years imprisonment or the fine of
Rs.5,00,000 or both.
Section 66 Fraud or dishonesty using or transmitting information or identity
B, C, D theft is punishable with 3 years imprisonment or Rs. 1,00,000 fine or
both.
Section 66 This Section is for Violation of privacy by transmitting image or
E private area is punishable with 3 years imprisonment or 2,00,000 fine
or both.
Section 66 F This Section is on Cyber Terrorism affecting unity, integrity,
security, sovereignty of India through digital medium is liable for life
imprisonment.

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Section 67 This section states publishing obscene information or pornography or
transmission of obscene content in public is liable for imprisonment
up to 5 years or fine of Rs. 10,00,000 or both.

Amendments and Limitations of IT Act

Amendments of IT Act: The Information Technology Amendment
Act 2008 (IT Act 2008) is a substantial addition to India's Information
Technology Act 2000.

The Information Technology Amendment Act was passed by the

Indian Parliament in October 2008 and came into force a year later.
The act is administered by the Indian Computer Emergency Response
Team (CERT-In) and corresponds to the Indian Penal Code.

The Information Technology Amendment Act has been widely hailed

as a progressive step forward in protecting India's cyber infrastructure
and citizens.

It is one of the most comprehensive pieces of legislation addressing

IT-related issues and sets a strong precedent for other countries
working to update their own laws.

Why was the Information Technology Amendment Act created?

The original version of the act was developed to promote the IT
industry, regulate e-commerce, facilitate e-governance and
prevent cybercrime.

However, it also sought to foster security practices within India that

would serve the country in a global context.

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In addition, the Information Technology Amendment Act established
the office of the Cyber Appellate Tribunal to hear appeals from any
person aggrieved by an order made under the act.

What does the Information Technology Amendment Act cover?

The Information Technology Amendment Act 2008 has nine chapters
and 117 sections and covers a wide range of topics related to IT,
cybercrime and data protection.

The act includes provisions for the following

• tightening cybersecurity measures

• establishing a legal framework for digital signatures
• recognizing and regulating intermediaries
• regulating interception, monitoring and decryption of
electronic records
• cyber forensics
• cyberterrorism

Amendments to the act have been created to address issues that the
original bill failed to cover and to accommodate further development
of IT and related security concerns since the original law was passed.

Digital Signature

A digital signature is a technique to validate the legitimacy of a digital message or a document.

A valid digital signature provides the surety to the recipient that the message was generated by
a known sender, such that the sender cannot deny having sent the message. Digital signatures
are mostly used for software distribution, financial transactions, and in other cases where there
is a risk of forgery.

Electronic Signature
An electronic signature or e-signature, indicates either that a person who demands to have
created a message is the one who created it.
A signature can be defined as a schematic script related with a person. A signature on a
document is a sign that the person accepts the purposes recorded in the document. In many

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engineering companies digital seals are also required for another layer of authentication and
security. Digital seals and signatures are same as handwritten signatures and stamped seals.

Digital Signature to Electronic Signature

Digital Signature was the term defined in the old I.T. Act, 2000. Electronic Signature is the
term defined by the amended act (I.T. Act, 2008). The concept of Electronic Signature is
broader than Digital Signature. Section 3 of the Act delivers for the verification of Electronic
Records by affixing Digital Signature.
As per the amendment, verification of electronic record by electronic signature or electronic
authentication technique shall be considered reliable.
According to the United Nations Commission on International Trade Law
(UNCITRAL), electronic authentication and signature methods may be classified into the
following categories −
• Those based on the knowledge of the user or the recipient, i.e., passwords,
personal identification numbers (PINs), etc.
• Those bases on the physical features of the user, i.e., biometrics.
• Those based on the possession of an object by the user, i.e., codes or other
information stored on a magnetic card.
• Types of authentication and signature methods that, without falling under any of
the above categories might also be used to indicate the originator of an electronic
communication (Such as a facsimile of a handwritten signature, or a name typed
at the bottom of an electronic message).
According to the UNCITRAL MODEL LAW on Electronic Signatures, the following
technologies are presently in use −

• Digital Signature within a public key infrastructure (PKI)

• Biometric Device
• PINs
• Passwords
• Scanned handwritten signature
• Signature by Digital Pen
• Clickable “OK” or “I Accept” or “I Agree” click boxes

Cryptographic Algorithm

Cryptographic algorithms are sequences of processes, or rules, used to encipher

and decipher messages in a cryptographic system. In simple terms, they're
processes that protect data by making sure that unwanted people can't access it.
These algorithms have a wide variety of uses, including ensuring secure and
authenticated financial transactions.

Most cryptography algorithms involve the use of encryption, which allows

two parties to communicate while preventing unauthorized third parties from

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understanding those communications. Encryption transforms human readable
plaintext into something unreadable, also known as ciphertext.
The encrypted data is then decrypted to restore it, making it understandable to
the intended party. Both encryption and decryption operate based on
algorithms.

There are many different types of cryptographic algorithms, though most of

them fit into one of two classifications — symmetric and asymmetric. Some
systems, however, use a hybrid of both classifications. Symmetric algorithms,
also known as symmetric-key or shared-key algorithms, work by the use of a
key known only to the two authorized parties. While these can be implemented
in the form of block ciphers or stream ciphers, the same key is used for both
encrypting and decrypting the message. The Data Encryption Standard (DES)
and Advanced Encryption Standard (AES) are the most popular examples
of symmetric cryptography algorithms.

Asymmetric cryptography algorithms rely on a pair of keys — a public key

and a private key. The public key can be revealed, but, to protect the data, the
private key must be concealed. Additionally, encryption and decryption of the
data must be done by the associated private and public keys. For example, data
encrypted by the private key must be decrypted by the public key, and vice
versa. RSA is one of the most common examples of this algorithm.
Symmetric algorithms are usually much faster than asymmetric algorithms. This
is largely related to the fact that only one key is required. The disadvantage of
shared-key systems, however, is that both parties know the secret key.
Additionally, since the algorithm used is the public domain, it is actually the

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key that controls access to the data. For these reasons, the keys must be safe-
guarded and changed relatively frequently to ensure security.

Public Cryptography
The most commonly used implementations of public key
cryptography (also known as public-key encryption and asymmetric
encryption) are based on algorithms presented by Rivest-Shamir-
Adelman (RSA) Data Security.

Public key cryptography involves a pair of keys known as a public

key and a private key (a public key pair), which are associated with an
entity that needs to authenticate its identity electronically or to sign or
encrypt data. Each public key is published and the corresponding
private key is kept secret. Data that is encrypted with the public key
can be decrypted only with the corresponding private key.

RSA public key pairs can be any size. Typical sizes today are 1024
and 2048 bits.

Public key cryptography enables the following:

• Encryption and decryption, which allow two communicating

parties to disguise data that they send to each other. The sender
encrypts, or scrambles, the data before sending it. The receiver
decrypts, or unscrambles, the data after receiving it. While in
transit, the encrypted data is not understood by an intruder.
• Nonrepudiation, which prevents:
o The sender of the data from claiming, at a later date

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shows how you can freely distribute the public key so that only you
(the owner of the private key) can read data that was encrypted with
the public key. In general, to send encrypted data to someone, you
must encrypt the data with that person's public key, and the person
receiving the data decrypts it with the corresponding private key.

If you compare symmetric-key encryption with public-key

encryption, you will find that public-key encryption requires more
calculations. Therefore, public-key encryption is not always
appropriate for large amounts of data. However, it is possible to use
public-key encryption to send a symmetric key, which you can then
use to encrypt additional data.

Private Cryptography
Private key encryption is the original type of encryption. Dating
back to the advent of cryptography, private key cryptosystems
were the first and continue to be the most common. When
using private key cryptography, both parties much each
possess, or at least exchange the private key. The word “key”
can be a bit misleading — the key itself is really just the cipher
that’s used to scramble and unscramble the data being
encrypted.
With an ancient cipher, like the Caesar cipher, the private key
was simply a number that corresponded to the number each
alphabetical character needed to be shifted. In current digital
encryption schemes, the keys are now prohibitively difficult
algorithms that no modern computer could ever efficiently
crack.
The one thing that remains the same with all private key
systems is that the same key can both encrypt and decrypt.
Private key encryption is sometimes called symmetric
encryption.

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What is Private Key Cryptography Used for?

Public key cryptography, in the context of SSL/TLS, is used for

the actual communication portion of the connection. Each party
derives the key during the handshake and then uses it to both
encrypt and decrypt all data that’s transmitted between them.
Private key encryption, or symmetric encryption, uses smaller
keys that are easier to compute with. These still provide
adequate computational hardness, but don’t tax the client and
server as much to use. Especially at scale, this is extremely
important and the biggest advantage of symmetric encryption.

Electronic Governance

Electronic governance or e-governance is adopted by countries across

the world. In a fast-growing and demanding economy like India, e-
governance has become essential. The rapid growth of digitalisation
has led to many governments across the globe to introduce and
incorporate technology into governmental processes. Electronic

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governance or e-governance can be defined as the usage of
Information and Communication Technology (ICT) by the
government to provide and facilitate government services, exchange
of information, communication transactions and integration of various
standalone systems and services.

In other words, it is the use of technology to perform government

activities and achieve the objectives of governance. Through e-
governance, government services are made available to citizens and
businesses in a convenient, efficient and transparent manner.
Examples of e-governance include Digital India initiative, National
Portal of India, Prime Minister of India portal, Aadhaar, filing and
payment of taxes online, digital land management systems, Common
Entrance Test etc.

Types of interactions in e-Governance

e-Governance can take place in four major types of interactions, apart

from the processes and interactions in the back-office, within the
government framework:

Government to Government (G2G)

Information is exchanged within the government i.e., either, between

the central government, state government and local governments or
between different branches of the same government.

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Government to Citizen (G2C)

The citizens have a platform through which they can interact with the
government and get access to the variety of public services offered by
the Government.

Government to Businesses (G2B)

The businesses are able to interact with the government seamlessly

with respect to the services of the government offered to businesses

Government to Employees (G2E)

The interaction between the government and its employees occurs in

an efficient and speedy manner.

Objectives of e-Governance

The objectives of e-governance can be listed down as given below:

• To support and simplify governance for government,

citizens, and businesses.
• To make government administration more transparent and
accountable while addressing the society’s needs and
expectations through efficient public services and effective
interaction between the people, businesses, and
government.
• To reduce corruption in the government.

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 • To ensure speedy administration of services and
information.
• To reduce difficulties for business, provide immediate
information and enable digital communication by e-
business.

While e-governance provides the advantages of convenience,

efficiency and transparency, it also has problems associated with it.
They are as follows:

• Lack of computer literacy: India is still a developing

country and a vast majority of the citizens lack computer
literacy which hinders the effectiveness of e-governance.
• Lack of accessibility to the internet or even computers in
some parts of the country is a disadvantage to e-
governance.
• e-Governance results in a loss of human interaction. As the
system becomes more mechanised, lesser interaction takes
place among people.
• It gives rise to the risk of personal data theft and leakage.
• e-Governance leads to a lax administration. The service
provider can easily provide excuses for not providing the
service on technical grounds such as “server is down” or
“internet is not working”, etc.

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e-Governance in the Indian context

e-Governance in India is a recently developed concept. The launch of

National Satellite-Based Computer Network (NICENET) in 1987 and
subsequent launch of the District Information System of the National
Informatics Centre (DISNIC) programme to computerise all district
offices in the country for which free hardware and software was
offered to the State Governments provided the requisite impetus for e-
governance.

e-Governance thereafter developed with the growth of technology.

Today, there are a large number of e-Governance initiatives, both at
the Union and State levels. In 2006, the National e-Governance
Plan (NeGP) was formulated by the Department of Electronics and
Information Technology and Department of Administrative Reforms
and Public Grievances that aims at making all government services
accessible to the common man, ensure efficiency, transparency and
reliability of such services at affordable costs to realise the basic
needs of the common man.

The NeGP has enabled many e-governance initiatives like:

• Digital India was launched in 2015 to empower the

country digitally. Its main components are:

• Developing a secure and stable digital

infrastructure
• Delivering government services digitally
• Achieving universal digital literacy

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 • Aadhaar is a unique identification number issued
by UIDAI that serves as proof of identity and address on
the basis of biometric data. It is being used to provide many
benefits to the members of the society. One can e-
sign documents using Aadhar.
• myGov.in is a national citizen engagement platform where
people can share ideas and be involved with matters of
policy and governance.
• UMANG is a Unified Mobile Application which provides
access to central and state government services including
Aadhar, Digital Locker, PAN, Employee Provident Fund
services, etc.
• Digital Locker helps citizens digitally store important
documents like mark sheets, PAN, Aadhar, and degree
certificates. This reduces the need for physical documents
and facilitates easy sharing of documents.
• PayGov facilitates online payments to all public and
private banks.
• Mobile Seva aims at providing government services
through mobile phones and tablets. The m-App store has
over 200 live applications which can be used to access
various government services.
• Computerisation of Land Records ensures that
landowners get digital and updated copies of documents
relating to their property.

In addition to the above, State level e-governance initiatives include:

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 • E-Seva (Andhra Pradesh) facilitates payment of utility
bills, issuance of certificates, licenses and permits.
• Khajane Project (Karnataka) digitalized the treasury
system of the state.
• FRIENDS (Kerala) is a single-window facility to pay taxes
and other financial dues to the State government.
• Lokvani Project (Uttar Pradesh) is a single-window
solution relating to the handling of grievances, land record
maintenance and providing a mixture of essential services.

e-Governance Portal of India

The Indian e-governance portal is https://nceg.gov.in. On this portal,

one can get comprehensive information regarding the National
Conference on e-Governance and reports on earlier conferences.

Additionally, the portal provides links to the following important

pages:

• Digital India
• National Portal of India: It is developed to provide access to
information and services being provided by the government
• PM India Website: provides information relating to the
Prime Minister’s Office.
• United Nations e-governance website

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Legal Recognition of Electronic Records
According to the World Bank, E-Governance is when government
agencies use information and communication technologies to
transform relations with citizens, businesses, and other government
agencies. One of the prime objectives of the IT Act, 2000 is
the promotion of electronic governance. In this article, we will talk
about electronic records and e-governance.

In the IT Act, 2000, there are special provisions under Chapter III to
grant legal recognition to electronic records, signature, and also
encourage the government and its agencies to use them.

Provisions for e-governance under the IT Act, 2000

These are the provisions under the IT Act, 2000 in the context of e-
governance:

1. Legal Recognition of Electronic Records (Section 4)

Let’s say that a certain law requires a matter written, typewritten, or

printed. Even in the case of such a law, the requirement is satisfied if
the information is rendered or made available in an electronic form and
also accessible for subsequent reference.

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2. Legal recognition of digital signatures (Section 5)

Let’s say that the law requires a person’s signature to authenticate some
information or a document. Notwithstanding anything contained in
such law, if the person authenticates it with a digital signature in a
manner that the Central Government prescribes, then he satisfies the
requirement of the law.

For the purpose of understanding this, signature means a person

affixing his handwritten signature or a similar mark on the document.

3. Use of electronic records and digital signatures in Government

and its agencies (Section 6)

(1) If any law provides for –

a. the filing of a form, application, or any document with any

Government-owned or controlled office, agency, body,
or authority
b. the grant or issue of any license, sanction, permit or approval
in a particular manner
c. also, the receipt or payment of money in a certain way
Then, notwithstanding anything contained in any other law in
force such as filing, grant, issue, payment, or receipt is satisfied even if
the person does it in an electronic form. The person needs to ensure that
he follows the Government-approved format.

(2) With respect to the sub-section (1), may prescribe:

a. the format and manner of filing, creating or issuing such

electronic records
b. also, the manner and method of payment of any fees or
charges for filing, creating or issuing any such records

4. Retention of electronic records (Section 7)

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(1) Let’s say that the law requires the retention of certain records,
documents or information for a specific period. In such cases, the
requirement is also satisfied if the retention is in an electronic form,
provided:

a. the information contained therein is accessible and also

usable for a subsequent reference.
b. the format of the electronic record is the same as the one
originally created, received or sent. Even if the format is
changed, then it must accurately represent the original
information.
c. the electronic record contains details to facilitate the
identification of the origin, destination, and also the date and
time of the dispatch or receipt of the record.
This is provided that the clause does not apply to any information
which is automatically generated primarily for the purpose of enabling
an electronic record for dispatch or receipt.

(2) Nothing in this section applies to any law which expressly provides
for the retention of records, documents or information electronically.

5. Publication of rules, regulations, etc., in Electronic Gazette

(Section 8)

Let’s say that law requires the publishing of official regulation, rule, by-
law, notification or any other matter in the Official Gazette. In such
cases, the requirement is also satisfied if such rule, regulation, order,
bye-law, notification or any other matter is published in the Official
Gazette or Electronic Gazette.

However, the date of publication of the rule, regulation, by-law,

notification or any other matter is the date of the Gazette first published
in any form – Official or Electronic.

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6. Section 6,7 and 8 do not confer a right to insist document
should be accepted in Electronic form (Section 9)

It is important to note that, nothing contained in Sections 6, 7, and 8

confer a right upon any person to insist either the acceptance, issuance,
creation or also retention of any document or a monetary transaction in
the electronic form from:

• Ministry or Department of the Central/State Government

• Also, any authority or body established under any law by the
State/Central Government

7. Power to make rules by Central Government in respect of

digital signature (Section 10)

The IT Act, 2000 empowers the Central Government to prescribe:

• Type of digital signature

• Also, the manner and format of affixing the digital signature
• Procedures which facilitate the identification of the person
affixing the digital signature
• Control processes and procedures to ensure the integrity,
security, and confidentiality of electronic payments or
records
• Further, any other matter which is legally important for
digital signatures

Certifying Authorities

A certificate signed by a Certificate Authority (CA) that is trusted by

the browser is visually displayed as trusted, usually by showing a
padlock. A browser trusts the CA if the CA's public root certificate is
installed in the browser and/or computer you are using. Browsers

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come with a set of pre-installed CA certificates and only trust sites
signed by any of the pre-installed CA certificates. We will refer to the
browser's pre-installed CA certificates as "well known Certificate
Authorities". Examples include Comodo, GeoTrust, and Symantec.
Benefits in being your own CA and using our free CA tool
Becoming a Certificate Authority (CA) simply means that you (or
your customers) are in charge of the issuing process of cryptographic
pairs of private keys and public certificates. With that said, anyone
can literally become their own Certificate Authority and there are no
implied restrictions or authorizations necessary.
There are no costs associated with being your own CA or for your
customers to be their own CA.
You can find several tutorials on the internet that explain how to use
the OpenSSL command line tool for setting up your own CA
infrastructure. If you are new to X.509 certificate chain of trust, these
tutorials will make your head spin. In addition, the OpenSSL
command line tool is a bit cumbersome to use and gives difficult to
understand error messages if you make mistakes.
To make it much easier to be your own CA, we created this free tool
that wraps around OpenSSL and provides a graphical user interface to
this command line tool. The application includes a wizard that makes
it very easy to create a root CA and to create any number of
certificates signed by the root CA. In other words, the application
makes it very easy to create your own chain of trust. The application
is self-contained, and you simply download the tool and run it on your
computer.

Cyber Crime and Offences

cybercrime, also called computer crime, the use of a computer as an
instrument to further illegal ends, such as committing fraud,
trafficking in child pornography and intellectual property, stealing
identities, or violating privacy. Cybercrime, especially through

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the Internet, has grown in importance as the computer has become
central to commerce, entertainment, and government.

Because of the early and widespread adoption of computers and the

Internet in the United States, most of the earliest victims and villains
of cybercrime were Americans. By the 21st century, though, hardly a
hamlet remained anywhere in the world that had not been touched by
cybercrime of one sort or another.
Defining cybercrime

New technologies create new criminal opportunities but few new

types of crime. What distinguishes cybercrime from traditional
criminal activity? Obviously, one difference is the use of the digital
computer, but technology alone is insufficient for any distinction that
might exist between different realms of criminal activity. Criminals
do not need a computer to commit fraud, traffic in child pornography
and intellectual property, steal an identity, or violate someone’s
privacy. All those activities existed before the “cyber” prefix
became ubiquitous. Cybercrime, especially involving the Internet,
represents an extension of existing criminal behaviour alongside some
novel illegal activities.

Most cybercrime is an attack on information about individuals,

corporations, or governments. Although the attacks do not take place
on a physical body, they do take place on the personal or corporate
virtual body, which is the set of informational attributes that define
people and institutions on the Internet. In other words, in the digital
age our virtual identities are essential elements of everyday life: we
are a bundle of numbers and identifiers in multiple
computer databases owned by governments and corporations.
Cybercrime highlights the centrality of networked computers in our
lives, as well as the fragility of such seemingly solid facts as
individual identity.

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Network Service Providers Liability

The Internet serves as a powerful mechanism for the collaboration,

communication and interaction between individuals regardless of their

geographic location. It has proven to be a tremendous success -

connecting more than 100 million computers and is further growing

beyond the wildest expectations of the Homo sapiens.

Internet users cannot be regarded as a homogenous group. It is

imperative to distinguish the liability of those who give individuals and

corporations access to the Internet from that of individual users. The

former includes not only Internet Service Providers (ISPs) but also non-

commercial hosts such as universities, offices, other educational

institutions, corporate sectors etc.

ISP is an entity that connects people to the Internet and provides

related services such as web site building and hosting. ISPs are also
sometimes described as Online Service Providers. ISPs are today
largely immune from liability for their role in the creation and
propagation of worms, viruses, obscene and defamatory material and
other forms of malicious computer codes. In the spirit of promoting
electronic transactions, it becomes all the more essential to clarify the
position regarding the liability of the ISPs. Amidst this scenario, this
paper makes a sincere attempt to analyse the concepts of Cyberspace,
Network, Internet and ISP.

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Cyber Regulations Appellate Tribunal

The composition of Cyber Appellant Tribunal (Section 49)

The Central Government appoints only one person in a Tribunal – the Presiding
Officer of the Cyber Appellate Tribunal.

The qualifications for appointment as Presiding Officer of the Cyber

Appellate Tribunal (Section 50)

A person is considered qualified for the appointment as the Presiding Officer of a

Tribunal if –

a. He has the qualification of the Judge of a High Court

b. He is or was the member of the Indian Legal Service and holds or has
held a post in Grade I of that service for at least three years.

The Term of Office (Section 51)

The Term of Office of the Presiding Officer of a Cyber Appellate Tribunal is five
years from the date of entering the office or until he attains the age of 65 years,
whichever is earlier.

Filling up of vacancies (Section 53)

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If for any reason other than temporary absence, there is a vacancy in the Tribunal,
then the Central Government hires another person in accordance with the Act to
fill the vacancy. Further, the proceedings continue before the Tribunal from the
stage at which the vacancy is filled.

Resignation and removal (Section 54)

1. The Presiding Officer can resign from his office after submitting a
notice in writing to the Central Government, provided:
a. he holds office until the expiry of three months from the
date the Central Government receives such notice (unless
the Government permits him to relinquish his office
sooner), OR
b. he holds office till the appointment of a successor, OR
c. until the expiry of his office; whichever is earlier.
2. In case of proven misbehaviour or incapacity, the Central Government
can pass an order to remove the Presiding Officer of the Cyber
Appellate Tribunal. However, this is only after the Judge of the
Supreme Court conducts an inquiry where the Presiding Officer is
aware of the charges against him and has a reasonable opportunity to
defend himself.
3. The Central Government can regulate the procedure for
the investigation of misbehaviour or incapacity of the Presiding
Officer.

Orders constituting Appellate Tribunal to be final and not to invalidate its

proceedings (Section 55)

According to this section, no order of the Central Government appointing any

person as the Presiding Officer of the Tribunal can be questioned in any manner.
Further, no one can question any proceeding before a Cyber Appellate Tribunal in
any manner merely on the grounds of any defect in the Constitution of the
Tribunal.

Appeal to Cyber Appellate Tribunal (Section 57)

1. Subject to the provisions of sub-section (2), a person not satisfied with

the Controller or Adjudicating Officer’s order can appeal to the Cyber
Appellate Tribunal having jurisdiction in the matter.

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 2. No appeal shall lie to the Cyber Appellate Tribunal from an order
made by an adjudicating officer with the
consent of the parties.
3. The person filing the appeal must do so within 25 days from the date
of receipt of the order from the Controller or Adjudicating Officer.
Further, he must accompany the appeal with the prescribed fees.
However, if the Tribunal is satisfied with the reasons behind the delay
of filing the appeal, then it may entertain it even after the expiry of 25
days.
4. On receiving an appeal under sub-section (1), the Tribunal gives an
opportunity to all the parties to the appeal to state their points, before
passing the order.
5. The Cyber Appellate Tribunal sends a copy of every order made to all
the parties to the appeal and the concerned Controller or adjudicating
officer.
6. The Tribunal tries to expeditiously deal with the appeals received
under sub-section (1). It also tries to dispose of the appeal finally
within six months of receiving it.

Penalties and Adjudication.

(1) The Central Government may, by an order published in the

Official Gazette, appoint an officer of the Central Government, not
below the rank of Joint Secretary to the Government of India or
equivalent, as adjudicating officer for adjudging penalties under the
provisions of this Act.

(2) The adjudicating officer may, on a complaint made in writing by a

person authorised by the Corporation, and after giving a reasonable
opportunity of being heard, by an order impose penalty on a director
or employee liable to penalty under any provision of this Act on
account of any contravention or violation on his part.

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(3) The adjudicating officer, for the purposes of discharging his
functions under this Act, shall have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908) while
trying a suit, to summon and enforce the attendance of any person and
examine him on oath and to require the discovery and production of
documents or other electronic records, and shall be deemed to be a
civil court for purposes of Order XXI of the Civil Procedure Code,
1908.

(4) A director or employee aggrieved by any order made by the

adjudicating officer may prefer an appeal to such officer to the
Central Government of a rank higher than that of the adjudicating
officer as the Central Government may appoint as appellate authority,
within thirty days from the date on which a copy of the order made by
the adjudicating officer is received by the aggrieved individual, and
the officer so appointed may, after giving the individual an
opportunity of being heard, pass such order as he may deem fit,
confirming, modifying or setting aside the order appealed against, or
remanding the case to the adjudicating officer for disposal, with such
directions as he may deem fit.

(5) Where a director or employee of the Corporation having already

been subjected to penalty under this Act for any contravention or
violation of any provision of this Act, again commits such
contravention or violation within a period of three years from the date
of order imposing such penalty passed by the adjudicating officer, he
shall be liable for the second or subsequent contravention or violation
for twice the amount of penalty provided therefor.

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 Unit-3:
Cyber Law and Related Legislation

What Is a Patent?
A patent safeguards an original invention for a certain period of time and is
granted by the United States Patent and Trademark Office (USPTO). By
granting the right to produce a product without fear of competition for the
duration of the patent, an incentive is provided for companies or individuals
to continue developing innovative new products or services.1

There are three types of patents: utility patents, plant patents, and design
patents.

1. Utility Patent

A Utility Patent covers the creation of a new or improved product, process,

or machine. Also known as a “patent for invention,” it bars other individuals
or companies from making, using, or selling the creation without consent.
Utility patents are good for up to 20 years after the patent application is
filed, but require the holder to pay regularly scheduled maintenance fees.3

While most people associate patents with machines and appliances, they
can also apply to software, business processes, and chemical formulations
such as in pharmaceutical products.

2. Plant Patent

A plant patent protects a new and unique plant’s key characteristics from
being copied, sold, or used by others. It is also good for 20 years after the
application is filed. The plant must be asexually reproducible
with reproduction being genetically identical to the original and performed
through methods such as root cuttings, bulbs, division, or grafting and
budding.

3. Design Patent

A Design patent on the other hand, applies to the unique look of a

manufactured item. Take, for example, an automobile with a distinctive
hood or headlight shape. These visual elements are part of the car’s
identity and may add to its value; however, without protecting these

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components with a patent, competitors could potentially copy them without
legal consequences.

The total number of patents issued in the United States in 2021.

Design patents issued since May 2015 last for 15 years from the date the
patent is granted and do not require maintenance fees. Patents issued
prior to that last for 14 years.

What Is a Trademark?
Unlike patents, a trademark protects words and design elements that
identify the source of a product. Brand names and corporate logos are
primary examples. A service mark is similar, except that it safeguards the
provider of a service instead of a tangible good. The term “trademark” is
often used in reference to both designations.

Some examples of trademark infringement are fairly straightforward. You’ll

probably run into trouble if you try to bottle a beverage and call it Coca-
Cola or even use the famous wave from its logo since both have been
protected for decades.

However, a trademark actually goes a bit further, prohibiting any marks

that have a “likelihood of confusion” with an existing one. Therefore, a
business can’t use a symbol or brand name if it looks similar, sounds
similar, or has a similar meaning to one that’s already on the books, at
least if the products or services are related. If the trademark holder
believes there’s a violation of these rights, it may decide to sue.

What Is a Copyright?
Copyright protect “original works of authorship,” such as writings, art,
architecture, and music. For as long as the copyright is in effect, the
copyright owner has the sole right to display, share, perform, or license the
material.

One notable exception is the “fair use” doctrine, which allows some degree
of distribution of copyrighted material for scholarly, educational, or news-
reporting purposes.

Technically, you don’t have to file for a copyright to have the piece of work
protected. It’s considered yours once your ideas are translated into a
tangible form, such as a book, music, or published research; however,
officially registering with the U.S. Copyright Office before—or within five
years of—publishing your work makes it a lot easier to establish that you
were the original author if you ever have to go to court.
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The duration of a copyright depends on the year it was created, as the
laws have changed over the years. Since 1978, most compositions have
been copyright-protected for 70 years after the author’s death. After that
time, individual works enter the public domain and can be reproduced by
anyone without permission.

As a general rule, the author retains ownership of copyright privileges,

even if the material is published by another company. There is an
important exception to this rule, though.

Materials you create for your employer as part of your job requirements,
for example, contributions to a podcast the company publishes, are usually
considered "works for hire." The employer, not you, retains the copyright. If
there’s a gray area, you can try to negotiate with the publisher over
copyright ownership prior to creating the piece; just be sure to get it in
writing.

What Is the Difference Between a Patent, Copyright, and

Trademark?
A patent protects new inventions, processes, or scientific creations, a
trademark protects brands, logos, and slogans, and a copyright protects
original works of authorship.

What Are the 3 Types of Patents?

The three types of patents are design, utility, and plant. Utility patents are
for new discoveries, compositions of matter, machines, or processes. Plant
patents are for anyone that discovers or develops and asexually
reproduces a new variety of plant. A design patent is for anyone that
creates a new, original, and ornamental design.

The Bottom Line

The decision to pursue a patent, trademark, or copyright depends on

the type of intellectual property you’re trying to shield. Whether it’s a
new product, logo, or creative work, registering your idea with the
appropriate body can help ensure you enjoy the fruits of your labor.

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Electronic Data Base and its Protection

An electronic database is a searchable electronic collection of

resources. There are two basic types of databases:

• Indexes or bibliographic databases

• Full-text databases.

Indexes or bibliographic databases, also known as indexing and

abstracting services, provide:

• Indexing information for topical searching across resources in

multiple formats (including multidisciplinary searches)
• Abstracts (short descriptions) of the contents (eg. articles), to
help you decide if it is relevant to your research.

Full-text databases provide the same services as above, but also

include the full text of articles, allowing you to read it online, or
download it for offline reading.
These databases allow the University Library to provide students and
staff of Notre Dame with access to thousands of journals, as well as
ebooks, newspaper articles, reports; pictures, and streaming video
content.

IT Act
An Act to provide 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, to facilitate electronic
filing of documents with the Government agencies and further to
amend the Indian Penal Code, the Indian Evidence Act, 1872, the
Bankers' Books Evidence Act, 1891 and the Reserve Bank of India
Act, 1934 and for matters connected therewith or incidental thereto.
WHEREAS the General Assembly of the United Nations by
resolution A/RES/51/162, dated the 30th January, 1997 has adopted
the Model Law on Electronic Commerce adopted by the United

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.Nations Commission on International Trade Law; AND WHEREAS
the said resolution recommends inter alia that all States give
favourable consideration to the said Model Law when they enact or
revise their laws, in view of the need for uniformity of the law
applicable to alternatives to paper-cased methods of communication
and storage of information; AND WHEREAS it is considered
necessary to give effect to the said resolution and to promote efficient
delivery of Government services by means of reliable electronic
records.

Civil procedure code

The code of civil procedure 1908 governs the procedure of the Courts
of Civil Judicature. A Code, as defined under Section 2(1) of the
Code of Civil Procedure, 1908, is generally a set of rules that
regulates the locomotion of a case in a court. The Code of Civil
Procedure, 1908 being a procedural law by nature administers civil
proceedings in the Indian territory and therefore is recognized as a
Code. The Code is made up of 158 sections comprising the
substantive part of the Code, and 51 orders comprehending the
procedural aspect of the Code. Although there are 51 orders in the
Code, this article will specifically focus on the first 21 orders that lays
down the basic civil procedure to be followed by a civil court in a
case hearing.

• Order: Defined under Section 2(14) of the Code of 1908, the

order simply provides as to how a case will move forward in a
civil court. As the provision provides, order connotes the
formal expression of a Civil Court’s decision, but expressly
excludes a decree.

• Decree: Defined under Section 2(2) of the Civil Procedure

Code, 1908, the decree is also a formal expression of an
adjudication that lays down the rights of the parties in a civil
case that are the plaintiff, and the defendant. A decree must
have the following essential; the rights of the parties, the suit,

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 adjudication, conclusive determination of the decided rights
of the parties, and should be in writing.
• Judgment: Defined under Section 2(9) of the Code of 1908, a
judgment is a statement delivered by the Judge in a civil case
on the basis of the order, or the decree previously passed by
him, or her, to the parties involved in the case. A judgment
must consist of the statement of facts, the determining points,
the decision of the court, and the reason behind the court’s
decision.

Order 1 to 21 of the Code of Civil Procedure, 1908

As the Code of Civil Procedure, 1908 is a very significant, and
relevant civil procedural law, knowledge about the Orders stands
indispensable. Along with that for preparation of any legal
competitive examinations, this statute cannot be ignored.
Remembering the orders often becomes difficult and therefore, along
with the legal explanation, a simple interpretation has also been
provided hereunder to make the civil procedure easy to be understood
by individuals of both legal, and non-legal background.

Order 1: Parties to Suit

There are always two parties involved in a case. For a civil case, these
two parties are referred to as the plaintiff, who is responsible for
instituting the suit against the other party, and the defendant who is
the other party and has to provide his defense in the civil court against
the allegations made on him. This is the beginning of a civil case as
have been provided under Order 1 that deals with Parties to suit. Right
after the parties to suit are recognized comes the need to frame the
suit as provided under Order 2.

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Order 2: Frame of Suit

The plaintiff will be approaching a civil court with his suit which is
familiarly known as Frame of Suits provided under Order 2 of the
Code. Framing of suit signifies that a party has instituted a legal
action against another party. As provided by Rule 2 of Order 2, the
plaintiff is supposed to include his entire claim in the suit, which will
function as a cause of action brought by the plaintiff against the
defendant. The framed suit needs to be instituted before the civil
court. But, who does the institution? Is it the plaintiff, or any other
individual? This question is answered by Order 3 of the Code.

Order 3: Recognized agents and pleaders

Order 3 of the Code of 1908 talks about recognized agents and pleaders. For
instituting the suit framed by the plaintiff before the civil court, the instituting
party needs the help of a legal professional or a pleader who is expertise in the
field of law. Here comes the need to hire a lawyer who takes the framed suit
before the civil court on behalf of the aggrieved party, that is the plaintiff. Who
all can be categorized as recognized agents, and pleaders have been given room
under Rule 2, and Rule 4 of Order 3 respectively. Now it becomes the
responsibility of the recognized agent, or a pleader, to institute the suit before
the civil court on behalf of the disputed party, the plaintiff, which brings us
to Order 4 of the Code.

Order 4: Institution of suits

For instituting the suit, a plaint needs to be presented before the court by the
plaintiff. The meaning of a plaint has been explained under Order 7 of the Code
of Civil Procedure, 1908. It is to be noted that for the proper institution of suit
compliance with sub-rules (1), and (2) of Rule 1 of Order 4 stands mandatory.
While sub-rule (1) mandates the presentation of a plaint to institute a suit before
the court of law, sub-rule (2) provides that no plaint as provided in the previous
rule can escape the rules provided under Order 6, and 7 of the Code.

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IT Act and Criminal Procedural Code

The Code of Criminal Procedure commonly called Criminal

Procedure Code (CrPC) is the main legislation on procedure for
administration of substantive criminal law in India. It was enacted in
1973 and came into force on 1 April 1974. It provides the machinery
for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the
accused person and the determination of punishment of the guilty. It
also deals with public nuisance, prevention of offences and
maintenance of wife, child and parents.

Application of the Criminal Procedure Code

The criminal procedure code (CrPC) applies to India and administers
criminal law in India.

It’s a machinery for defining procedures for determining the guilt or

innocence of a person and collecting evidence.

It also defines jurisdiction in certain offences like offences committed

by juveniles and also deals with public nuisance, maintenance of wife,
children and parents.

It also describes the powers and jurisdiction of the courts and the
offences triable by them.
Objectives of Criminal procedure code (CrPC)
The code of criminal procedure laid down some objectives. These
are:-
1. The main aim of this code is to provide an opportunity for a
fair trial to the accused person according to the principle of
natural justice.

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 2. To ensure a fair trial for both the accused and the victim
without curtailing anyone’s rights.
3. To achieve a fair adjudication process by laying criteria for
admissibility of evidence.
4. To prevent delaying the investigation and trial process.
5. To ensure attendance of any person concerned with a case
with the various available measures like warrant, summons,
attachment of property, proclamation, etc.
6. To lay down the criminal justice system’s functioning
procedure from the stage of investigation till conviction and
the process for appeal.
7. To explain the organisation of criminal courts in India.
8. To explain the role and powers of police and other
authorities in the investigation and trial process.
9. To explain the powers and jurisdiction of courts in the
criminal judicial system.
Features of CrPC (Criminal Procedure Code)
There are some salient features of the criminal procedure code. These
are:-
• Fair trial: Every person is entitled to a fair trial process, and
every person is entitled to a hearing by an independent and
impartial court of law.
No one should judge his cause or in the matter in which he
got an interest, and it gets based on the ‘Nemo judex in causa
sua’ principle, which is the rule against bias.

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 An accused is presumed innocent until he is proven guilty.
All the accused has the right to be represented by the counsel
of his choice.
All the accused are entitled to a fair hearing process, and the
ex-parte order should not get passed without hearing them. It
gets based on the principle of ‘Audi alteram partem’.
• Judicial Magistrates are under the purview of High
Courts: All the Judicial Magistrates are under the purview of
the High Courts of the concerned states. The Judicial
Magistrates posted in Metropolitan cities are known as
Metropolitan Magistrates.
The governor appoints a first-class judicial magistrate in
consultation with the public service commission and the high
courts.
The high courts are empowered to appoint a first-class
judicial magistrate as a chief judicial magistrate in every
district of a respective state.
The high courts also can appoint additional chief
metropolitan magistrates or metropolitan magistrates for a
metropolitan court.
• The organisation of the Criminal Courts in India: The
Criminal Procedure Code (CrPC) provides for setting up a
uniform set of criminal courts throughout the territory of
India by conferring jurisdiction, powers and functions on
them for its smooth functioning.
It mandates the separation of judiciary from the influence of
legislature and executive, which helps the judicial machinery

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 work independently and impartially without interfering with
any other organs of the State.
• Provisions for the aid of the accused person- Any accused
person can avail of the free legal aid services if the accused
person is not in a state to afford litigation financially.
In petty cases, the accused can plead guilty and deposit the
fine by post specified in the summons without appearing in
person before the court.
An accused person has the right to get medically examined
to aid him further in the case in his defence.
• Trial Procedure- The Procedure for trial will be the same as
in both summary cases and summons cases except otherwise.
The Sessions court has the power to exercise the revisional
jurisdiction and the High Courts.
Offences punishable with death, life imprisonment and
imprisonment exceeding two years will be considered as
warrant cases while,
Offences punishable with fewer than two years
imprisonment will get considered as summons cases. The
court of law is also empowered to punish a person on the
spot found guilty of perjury.
• Duty of the Police- A police officer must register an FIR
upon receiving a complaint about a request. If he refuses to
record FIR about the commission of the crime, the aggrieved
person has a right to complain about it to the superintendent
of the police.
Need of code of criminal procedure

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The Criminal Procedure Code (CrPC) is the machinery to address the
need of the criminal justice system and ensure an effortless judicial
process by defining the functions of executive and judiciary,
respectively.

The code of criminal procedure 1973 is the machinery which fulfilled

the needs for:-
1. Registration of a complaint and then an FIR
2. Conducting Investigation of crime
3. Apprehensions of suspected criminals
4. Gathering of evidence
5. Determining the guilt of the accused
6. Determining the innocence of the accused person
7. Determining punishment for the guilty person.
Organisations of Criminal Courts
Hierarchy in the Judicial system gets represented by the first and
second class judicial magistrates, chief judicial magistrates, additional
district judges and district judges.

All the magistrates deal with the issues of maintaining law and order
and preventing crime. All the judicial magistrates function by being
under the control of the high court.

The Criminal Procedure Code (CrPC) ensures the independence of the

Judiciary from the legislature and executive. The judiciary is not
under the control of any of the organs of the state.

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The CrPC provides for a uniform set of courts in our criminal justice
system throughout the territory of India by defining their jurisdictions,
powers and functions.

The Supreme court and High courts are the constitutional courts of
India with Jurisdiction, powers and functions.

The High Court can oversee the functioning of all the subordinate
courts and tribunals in the concerned state.
Differences Between CrPC and IPC
The significant difference between CrPC and IPC is that IPC lays
down the provisions for all the offences and punishments for
committing those offences. In contrast, CrPC lays down the procedure
followed in the investigation, trial and conviction of that offence.

IPC is substantive law, while CrPC is procedural law.

IPC aims to provide a penal code for punishment to the offenders,

while CrPC seeks to make the penal code and other criminal laws
more effective.

The Criminal Procedure Code (CrPC)provides for powers of courts

and magistrates while IPC is silent on it.

CrPC lays down the procedure for framing of charge while IPC lays
down the charges for the respective offences.

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Relevant Sections of Indian Evidence Act
The Indian Evidence Act, 1872
THE INDIAN EVIDENCE ACT, 1872

1.Short title, extent and commencement : This Act may be called the
Indian Evidence Act, 1872. It extends to the whole of India 1[except
the State of Jammu and Kashmir] and applies to all judicial
proceedings in or before any Court, including Courts-martial, 2[other
than Courts-martial convened under the Army Act] (44 & 45 Vict., c.
58) 3[the Naval Discipline Act (29 & 30 Vict., c. 109) or 4[***] the
Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force
Act] (7 Geo. 5, c. 51) but not to affidavits 7presented to any Court or
Officer, nor to proceedings before an arbitrator; and it shall come into
force on the first day of September, 1872.

2.Repeal of enactments : [Rep. by the Repealing Act, 1938 (1 of

1938), sec. 2 and Sch.]
3 Interpretation clause. —In this Act the following words and
expressions are used in the following senses, unless a contrary
intention appears from the context:— “Court”. —“Court” includes all
Judges 1 and Magistrates, 2 and all persons, except arbitrators, legally
authorized to take evidence. “Fact”. —“Fact” means and includes—

1.any thing, state of things, or relation of things, capable of being

perceived by the senses;
2. any mental condition of which any person is conscious.
Illustrations
a. That there are certain objects arranged in a certain order in a certain
place, is a fact.
b. That a man heard or saw something, is a fact.
c. That a man said certain words, is a fact.
d.That a man holds a certain opinion, has a certain intention, acts in
good faith, or fraudulently, or uses a particular word in a particular
sense, or is or was at a specified time conscious of a particular
sensation, is a fact.

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Relevant Sections of Bankers Book Evidence Act
Introduction
o The Banker’s Book Evidence Act came into effect from
1891.
o When a judge may order a party to inspect and take copies
of entries in banker’s books.
o The judge may also order the bank to produce certified
copies of the entries accompanied by a further certificate
that no other entries in the books of the bank are relevant to
the matter of such proceedings.
o Such order shall be served on the bank three clear days
exclusive of bank holidays before the same is to be
obeyed unless otherwise directed by the court.

Entities Under This Act

o Companies which are defined under the Company act
1956
o Corporate which includes The Reserve Bank Of India,
State Bank Of India and its subsidiaries act 1959
o Any company or corporation carrying on the business of
banking
o Any partnership or individual to whose books the provision
of act can be inferred
o Any Post Office Savings Bank or a money order office

Banker's Book
Banker’s book includes ledgers, day-books, cash-books, account-
books and all other records used in the ordinary business of the bank,
whether these records are kept in written form or stored in a micro
film, magnetic tape or in any other form of mechanical electrical data
retrieval mechanism, either onsite or offsite location including a
backup.

Certified Copy

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 o They are maintained in written form a copy of any entry in
such books together with a certificate written at the foot of
such copy that is true of knowledge. Such entry books are
still in custody of the bank further that each should be
certified dated and subscribed by the principal accountant
or manager with his name and official title
o Contained printout of data stored in a floppy, disc, tape or
any other electromagnetic data storage device, a printout
together with above statements.
o A printout of an entry from magnetic tape, micro film or in
any other form of mechanical or electrical data retrieval
obtained by mechanical or another process should also
have the provisions in the certificate has inferred above.

Relevant Sections of Indian Penal Code

The Indian Penal Code (IPC) is the principal criminal code of India
that defines crimes and provides punishments for almost all kinds of
criminal and actionable wrongs. The IPC extends to the whole of
India except the states of Jammu and Kashmir and is an extensive law
that covers all the substantive aspects of criminal law from nuisance
at public places to murder, rape, dacoity, etc
The IPC came into existence in 1860 on recommendations of the first
law commission of India established in 1834 under the Charter Act of
1833. The Code was made effective during the British rule in January
1, 1862 and was applicable to the whole of the then British India
except the princely states as they had their own courts and legal
systems till 1940s.
The Code was later adopted by the Independent India and Pakistan
after partition. The Ranbir Penal Code applicable in Jammu and
Kashmir is also based on this Code. It is applicable to all the citizens
of India. The IPC has been amended numerous times since then and is
now supplemented by various other criminal provisions. At present,
the IPC is divided into 23 chapters and contains 511 sections in total.

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RBI Act, 1934
This article comprises a detailed explanation of the RBI Act, 1934, the prologue of
RBI Act, 1934, Issue functions of RBI Act and schedule and some important
sections of the RBI Act, 1934.

The prologue of RBI Act, 1934

The prologue of the act mentioned the objective of RBI is to:

1. Set the matters of banknotes.
2. Set off the currency and credit system of the country to its
benefit.
3. Keep the reserves with the view to security monetary firmness
in India.

Issue functions

• The main key function of RBI is to issue banknotes, which was

performed by the issue of the department which kept a full clear
cut from the banking department.
• The torn or disfigured notes that can be exchanged in one of the
functions are a matter of grace but not a matter of right in the
RBI Act, 1934.
• Payment of stamp duty is not permitted on banknotes that RBI
issues.
• The central government approves the design, form and material
of book notes and gets a recommendation from the central
board.

Second schedules of RBI Act, 1934

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In the RBI Act, 1934, schedule banks are the banks that are listened to
in the second schedule. Under this schedule, the banks should raise at
least Rs 5 lakhs and capital. The banks added in the second schedule
are known as scheduled banks, and these banks include scheduled
cooperative banks and scheduled commercial banks. Scheduled banks
comprise five non-similar groups, and scheduled commercial banks
are urban cooperative banks and state cooperative banks.

Some important sections of the RBI Act 1943-

The RBI Act 1934 is of very much importance. There are many
reliable sources on the internet that can be used to gather information
about the same such as RBI Act 1934 pdfs. Also, the students
appearing for competitive examinations can solve RBI Act 1934
MCQs available on the internet.
The important sections of the act are mentioned below:
Repo, reserve, derivative, money market instruments and securities
are defined in section 45(u).
• Withdrawal of legal tender notes comes under section 26(2).
• Government businesses are transacted on agreement by RBI,
and this comes under section 21A
• The business that RBI can carry outcome under section 17.
• Initiation and incorporation of reserve banks come under section
3.
• Demonetisation of notes comes under section 24.
• The re-issue of notes comes under section 27.

Law Relating To Employees And Internet

1. Although there are some gray areas in the laws surrounding

employer responsibility for employee Internet and email use,
companies can be liable. When employees use company
resources or property to access the Internet, their actions can fall
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 back on the company. Therefore, it is a good idea for employers
to have a clear policy on Internet and email use. It may also be
wise to monitor employee use of company resources to avoid
ongoing illegal behavior online.

Criminal Behavior

1. There are many online communications that may expose an

employer to legal action depending on the circumstances.
Activities like misuse of company email, violent threats,
inappropriate comments or harassment may expose an
employer to legal action. The liability for sexually and racially
harassing someone via email or displaying inappropriate or
pornographic websites at work may affect an employer,
according to the Texas Workforce Commission (TWC).
Accessing unauthorized websites and hacking computer
systems can also lead to legal action.

Copyright Infractions

1. Almost every company has licensed software on its computers,

which is protected from piracy by law. Employees who
illegally copy or misuse software may land their employer in
trouble. This is also true for the unauthorized use of pictures,
information, logos and other materials found online.
Additionally, illegal employee downloads of music or movies
apply as well.

Privacy Laws

1. Employers usually hold a lot of private information about

employees and the company itself on their sites. Leaking these
items, such as medical records, can lead to violations of privacy
laws.

Considerations

1. Determining liability for Internet use by employees is

sometimes a murky issue. Under certain circumstances,

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 employers may be protected if they are unaware of employee
activities on the Internet or email. Conversely, according to the
article "Risky Business" found in the Shidler Journal of Law,
Commerce and Technology, a court may also prove a
company’s “willful blindness” to an employee’s online
activities. These issues are relevant when an employee is using
company property or a company network at work or at home.
Additionally, legal actions have risen out of employee conduct
on social networking sites.

Liability Protections

1. According to the TWC, the best way to avoid legal actions

stemming from employee misuse of company computers,
Internet or email is to have a clear policy on use and require
employees to acknowledge the policy in writing. Also, an
employer may want to exercise their right to electronically
monitor employee Internet and email use. This should also be
included in company policy and employees must know they
will be monitored, with no expectation of privacy at work or
when using company property.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) refers to the different ways

people can resolve disputes without a trial. Common ADR
processes include mediation, arbitration, and neutral
evaluation. These processes are generally confidential, less
formal, and less stressful than traditional court proceedings.
ADR often saves money and speeds settlement. In mediation,
parties play an important role in resolving their own disputes.
This often results in creative solutions, longer-lasting outcomes,
greater satisfaction, and improved relationships.
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The New York State Unified Court System offers parties access
to free or reduced-fee mediation and other ADR services in
family law, general civil and commercial law disputes. These
services are available in many courthouses and in
the Community Dispute Resolution Centers located in almost
all of New York State’s 62 counties.

What is ODR?
Court-related Online Dispute Resolution (ODR) is a public facing
digital space in which parties can convene to resolve their dispute or
case.

Three essential components differentiate court-related ODR from other

forms of technology-supported dispute resolution:

• The first is that the program operates exclusively online. In

contrast to other court programs that provide an online interface
with which to accomplish discrete tasks (e.g., e-filing, video

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 hearings), ODR users do not otherwise interact with the court
for traditional in-court procedures or events.
• The second is that the program is explicitly designed to assist
litigants in resolving their dispute or case, rather than a
technology platform to support judicial or court staff decision-
making. Dispute resolution inherently includes the potential to
challenge the validity of claims or to raise affirmative defenses;
court-related ODR is not merely a platform for defendants to
negotiate a payment schedule to satisfy debts.
• Third, the program is hosted or supported by the judicial
branch. It is not a form of private ADR, but instead integrates
and extends dispute resolution services offered by the judicial
branch into digital space to serve citizens efficiently, effectively,
transparently, and fairly.
This definition of court-related ODR can encompass a variety of
methods and tools to assist in dispute resolution. It can provide dispute
resolution services without necessarily filing a formal complaint. It can
support a variety of decision-making aids including discovery
exchange; direct party-to-party settlement negotiations; synchronous or
asynchronous mediation support; and technology-supported
adjudication. When litigants successfully resolve their dispute, the
program can populate standard settlement agreement forms that can be
automatically filed with the court, if needed to dispose the case. If the
litigants are unsuccessful, the program can also provide a seamless
entry to the court’s traditional dispute resolution by automatically
populating and filing necessary court forms. The design and
implementation of court-related ODR programs should not diminish
due process or access to justice for program users.

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 Unit-4:
Electronic Business and Legal Issues

Evolution and development in E-commerce

Transcending boundaries and distance, e-commerce digitalized the
world into a single platform, and, remarkably, e-commerce evolution
only continues to accelerate.

From the initial spark in 1969 with the founding of Compuserve, e-

commerce’s story is one of astounding growth fueled by incredible
innovation.
Three innovations are key to e-commerce growth:

1. Personalization: AI and machine learning made it possible to collate

massive amount of data, make sense out of it and provide personalized
shopping experiences. Feedback loops and dynamic adaptation to
ever-changing consumer behavior enhance the whole customer
experience.

2. Omnichannel: The rise of the internet enabled the emergence of

social networks, which was further boosted by mobile devices. Social
media is embedded in our daily activities. According to a Google
report, almost 85% of the consumers begin their buying journey on
one device and continue on another. That trend mandated seamless
integration between online and offline sales channels.

3. Secure payment: Digital wallets and seamless electronic fund

transfers have paved the way for a hassle-free payment experience.
Paypal is the pioneer but Google Wallet, Apple Pay and many other
mobile wallets are now on user devices. Increasingly, blockchain
technology is making these transactions safer and faster.

4. E-commerce evolution: B2C led the way

5. In the early days, e-commerce was mainly driven on by the business
to consumer business model, with retail as one of the early adopters.
Apart from novelty, convenience played a major role in driving
demand. Multiple players entered the field, intensifying the
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 competitive landscape. Companies started to distinguish themselves
through wider product selection and more innovative services.
6. B2C e-commerce will continue to skyrocket. The global B2C e-
commerce market, valued at USD 3.67 trillion in 2020, is expected to
expand at a compound annual growth rate of 9.7% from 2021 to
2028. Growing digital dependency, the convenience of online
shopping and a fast-growing digital population will drive growth.

Evolution of B2B e-commerce

The pandemic forced B2B companies, which preferred in-person
sales, to look for more digital options. This gave rise to more B2B e-
commerce solutions, which redefine buyer-seller interactions. B2B e-
commerce is now much more transparent, efficient, and swift.

The market potential of B2B e-commerce is huge. Statista predicts B2B sales
will reach $1.2 trillion by 2021. Globally, the B2B ecommerce market was
worth $12.2 trillion in 2019, having grown from $5.8 trillion in 2013. Double-
digit growth is predicted for B2B ecommerce sales through 2024.

E - Security

At e-Security System, we pride ourselves on the quality of our work.

For years, we continually develop and improve our wide offer of
state-of-the-art, tailor-made solutions and complete services in the
range of Fire & Security Systems that makes our overall knowledge
rank with the best in the industry.

We have been in business since 2005 and are approved by our

esteemed customers as a professionally run organization with strong
fundamentals and technological expertise meeting to all the highest
recognized standards in the Fire & Security industry. Our
competences, know-how and facilities allow us to implement projects
which we create together with our customers to fully meet their
individual expectations. We have been enriching knowledge and
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competences by working on different sized projects across India. We
offer our custom solutions to clients to help them design and structure
their requirements.

E-Commerce and Taxation: Understanding the Difficulties

In just a decade of astounding growth, the Internet has reached a

critical mass that is now attracting millions of consumers, and billions
of their dollars, into a gigantic, ever-expanding virtual shopping mall.
According to the figures published by VeriSign, which provides
network security and authentication services to about 120.000 online
retailers in the U.S., US$8.8 billion in online spending occurred
during the period between the Thanksgiving holiday on Nov. 25 and
the Monday after Christmas, Dec. 27, 2004. That constituted an
increase of 24% compared to the same period in 2003. Not
surprisingly, digital photograph equipment and entertainment were
two of the fastest growing categories over the preceding year, with
increases of up to 120% and 54% respectively. (1)
The magnitude of holiday season transactions in the U.S. clearly
illustrates the potential of Internet commerce and how much this
technology has been adopted by millions of consumers in the U.S.
alone.
Tax systems, and particularly international taxation arrangements, can
struggle to keep pace with globalization and market liberalization.
Most of today’s tax arrangements were developed in an era when tax
authorities could rely upon Exchange controls, highly regulated
capital markets and technological constraints to protect them from the
negative fiscal effects of global activities. These barriers to cross-
border activities protected tax authorities from the full implications of
the interaction between national tax systems. While corporations
globalized, tax authorities remained constrained by national frontiers.
However, today, the priority has to be to identify practical and
reasonable ways of applying internationally accepted taxation norms
to e-commerce; and, where necessary, of clarifying or developing

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those norms. The key here is to maintain and strengthen the
international dialogue. There are existing VAT principles and
collection systems that can be readily applied when it comes to B2B
(Business to Business) transactions whether they may be domestic or
international. Done domestically though, B2C (Business to
Consumer) transactions do not present much of a problem either;
since transactions take place in a single territory.

What are Electronic Payments?

Electronic payments, or e-payments, are a way of making transactions

or paying bills online or through an electronic medium, without the
use of physical checks or cash. The most popular methods of
electronic payments include credit cards, debit cards, virtual cards,
and ACH (direct deposit, direct debit, and electronic checks). For
example, when a vendor performs a service for your business and
sends the invoice electronically, the process of paying the vendor via
credit card, debit card, etc. is considered an electronic payment. With
most electronic payment methods, the hard costs and fees associated
with traditional B2B payments like checks are no more — including
paper, postage, and manual labor expenses.

The Benefits of E-Payments

Electronic payments and e-payments systems are highly beneficial to

both businesses and their suppliers. In the context of accounts
payable, e-payments are a win-win in that they reduce costs, improve
relationships, increase visibility and provide enhanced security when
compared to traditional checks. Here’s how:

• Lowered Processing Costs: The more payments a

business can process electronically, the less they spend on
paper and postage, along with the time required to print,
sign, stuff, and mail checks. In fact, shifting to a holistic e-
payments strategy can reduce payment processing costs up
to 80 percent.
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 • Strengthened Supplier Relationships: Businesses
can improve vendor relations by facilitating quicker, more
secure payments that include rich remittance data for
easier reconciliation.
• Increased Payment Security: Electronic payments are
inherently more secure than paper checks, and specific
methods like virtual cards offer even greater protection
against fraud. On top of that, best-in-class e-payment
systems include additional features and controls to help
secure the payments process.
• Enhanced Visibility: E-payment systems provide your
business with greater visibility into payment statuses,
financial metrics, and accurate audit trails. They
additionally reduce the costs and probability of data entry
mistakes.

Types of Electronic Payments

While there are many different types of electronic payments, here are
the most common categories that make up the majority of e-payments.

• Card Payments: Credit and debit card payments are the

most common type of electronic payments. Despite their
decreasing popularity among younger generations, credit
card payments continue to be the most utilized electronic
payment form due to their rewards and rebates offerings.
• Bank Transfer Payments: A bank transfer is when funds
are moved from one bank to another and can be done in a
few different ways. Most bank transfers are conducted via
direct deposit, where payments are deposited electronically
into the recipient’s bank account. However, in the U.S.,
bank transfers are conducted with ACH transfer payments.
• Virtual Card Payments: A virtual card is a randomly-
generated 16-digit number that can only be used for the
specified amount and can only be charged a single time.

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 Because of this, virtual cards ensure secure payments that
are impossible to decrypt.
• Cross-Border/FX Payments: FX payments and cross-
border payments allow businesses to send and receive
money internationally. This process is conducted via wire
transfers, forward contracts, cross-currency transactions,
and more. This is especially useful for businesses working
with international customers and suppliers.

What Is a Supply Chain?

A supply chain is a network of individuals and companies who are involved in
creating a product and delivering it to the consumer. Links on the chain begin with
the producers of the raw materials and end when the van delivers the finished
product to the end user.

Supply chain management is a crucial process because an optimized supply chain

results in lower costs and a more efficient production cycle. Companies seek to
improve their supply chains so they can reduce their costs and remain competitive.

What is Electronic Data Interchange (EDI)?

Electronic Data Interchange (EDI) is the electronic interchange of
business information using a standardized format; a process which
allows one company to send information to another company
electronically rather than with paper. Business entities conducting
business electronically are called trading partners.

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Many business documents can be exchanged using EDI, but the two
most common are purchase orders and invoices. At a minimum, EDI
replaces the mail preparation and handling associated with traditional
business communication. However, the real power of EDI is that it
standardizes the information communicated in business documents,
which makes possible a "paperless" exchange.

Electronic Market(e-Market)

An electronic market is an inter-organizational information

system they allow the participating buyers and sellers to exchange
information about prices and product offerings. The firm
operating the system is referred to as the intermediary, which
may be a market participant- a buyer or seller, an independent
third party, or a multi-firm consortium.

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Electronic markets are the foundation or of electronic commerce.
They potentially integrate advertising, product ordering, delivery of
products, and payment systems. Many electronic markets also offer
additional services, such as payment or logistics services that help
members complete a transaction. They may also support community
activities like distributing industry news, sponsoring online
discussions, and providing research on customer demand or industry
forecasts for components and raw materials.

Functions of E-Markets:-

E-markets serve three particular functions:

1. They act as an exchange for business transactions-not only

purchasing but also for checking price and stock
availability, invoicing and order chasing.
2. They manage catalog content, converting product
information into a common format understood by all
parties.
3. They provide additional services to support the trading
process such as shipping, payment, tendering and
determining a company’s financial status.

Emerging Trends
We are currently going through one of the most significant historical changes ever
experienced in the last 100 years. Old businesses will change and new businesses will
emerge. We are already seeing a shift in services our clients are adopting as a response
to this pandemic. Essential services in relation to healthcare, energy and natural
resources, water, and emergency services will continue to be in demand, although the
business models for these industries may change.

We need to be vigilant and cautious about the further impact of the spread of the virus,
and resilient to create new ways of living and working. We need to gain inspiration on
how two of the most populous nations of the world; India and China are managing the

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situation. The collective wealth of western nations will help repurpose spending and
improve healthcare.

New ways of living and working will emerge as soon as fear subsides, so let’s start now,
by discussing ten ways to reimagine and reinvent our lives, our organisations and our
society.

1. Globalisation will be redefined with a stronger

emergence of social capitalism
The unregulated and free-market globalisation may gradually come to an end due to
COVID-19 exposing the serious risks of independent and uncoordinated actions of
countries on the global economy and the well-being of people. The pandemic proved
that issues arising in one country has a domino effect and can end up having a serious
impact on the entire economic world.

A new form of globalisation that recognises interdependence and the good of humanity
based on collective actions of countries, businesses and people will start to emerge. As a
result, companies will change their governance and business management models with
greater focus on corporate social responsibility and the well-being of people. Many
countries will pass new laws to protect employees in situations such as COVID-19. With
the emergence of social capitalism, a new kind of capitalism will drive companies. Not
only markets and market regulation, but also what is good for the communities and the
society, will drive business strategy.

2. Acceleration of digital transformation

The notion of digital transformation is now fairly advanced with many organisations
working on transforming businesses over the last two years, if not more. COVID-19 will
force companies to take radical steps to adopt technology advancements, and
modernise culture, organisational structures, measurement systems and operating
architectures.

There is common agreement among top business leaders that even if the organisation is
ahead today, they have to be continually prepared to change, take calculated risks and
be prepared to fail fast, or their business is likely to get disrupted. Therefore,
accelerating digital transformation journeys would become a top priority for many
companies to ensure business continuity, improve productivity and launch new
business models to remain competitive.

3. The use of an on-demand workforce will increase

With the economic impact of COVID-19, companies and people will embrace technology
enabled on-demand workforce models and platforms. This would improve workforce
planning, financial management and access to diverse skills. Companies should
understand and learn how to engage and retain on-demand talent with improved
People Management programs, strategies and tools to make value for and on-demand
workforce.

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4. A new burning platform for healthcare reform
COVID-19 has exposed major gaps in the healthcare systems of some of the most
advanced countries of the world. The pandemic has created a burning platform for
healthcare reform in the United States, United Kingdom, France and many developing
nations. COVID-19 will force the healthcare industry to transform and provide care that
is more equitable. This will create new opportunities for many, who are involved in
building the new system.

Other than industry reform, companies will need to make efforts to concentrate on
individuals’ healthcare. The need for emotional connectivity will increase as remote
working, social isolation and social distancing practices become more common.
Companies will increase focus on employee’s mental health and well-being, to avoid the
downside of limited in-person human contact.

5. Supply-chains will fragment and reconfigure

themselves
Supply chains will fragment further with technology platforms integrating them. Multi-
tier supply-chains will emerge and track critical components including the origin of
supply and incremental value-adds. This would open exploration of new ways to engage
with customers, manage inventories, optimise production and distribution, logistics
management and managing cash/capital.

As well as this, as 5G internet becomes more widely available, it will increase the use of
online internet systems and consequently reduces the risk of too much centralisation.
Traditional business strategy relies on market boundaries and competitors. In the post
COVID-19 era, companies need to create new breakthrough value for their customers
continuously, not just once. Unless companies embrace global thinking, and establish
strategic alliances and partnerships with others in a global ecosystem, not just local,
value creation will become very challenging in a rapidly changing business
environment.

6. The definition of ‘workplace’ will change

The current remote working arrangements, if continued for more than three months,
could permanently shift working patterns. New norms will be established for these
working conditions, redefining work life and personal life boundaries. The workplace
will no longer be simply an office where people come to each day, and leave to go home
each night. With major changes on the horizon, a need to reimagine the purpose of a
workplace will arise. Increasingly, workplaces will become collaboration hubs to
achieve common objectives, compared to just providing a place for people to work.
Unnecessary overhead costs such as travel will be cut back, leaving no option but to
enforce virtual interactions replacing physical face-to-face meetings.

7. Industries will be forced to reinvent with upskilling

and reskilling becoming a major priority
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COVID-19 has accelerated the disruption of many industries that many pundits have
been predicting for years. Almost all industries, including airlines, retail, hospitality,
healthcare, education, construction and technology, will require rapid transformation to
their business models in order to remain viable. New business models and value-chains
will significantly increase a need for new skills.

Last year, the WEF warned of a major disruption in the labour markets of 15
developed and emerging countries that would lead to a net loss of over 5 million jobs
and the emergence of millions of new jobs. COVID-19 is already seriously affecting the
labour markets. Therefore, to minimise emerging unfavourable social and economic
impact, reskilling and upskilling of the workforce will become a top priority of many
companies. The education and training systems will need to go through a major shake-
up to help the workforce quickly reskill and upskill using virtual solutions. Human-
centric technology adoption will become important to ensure communication and
knowledge streams remain existent.

8. Change in work habits will lead to urban

transformation
With the changing landscape of business operations, the cost of commercial real estate
will fall to coincide with the reduced demand. Once remote work becomes more of the
norm, the need for corporate complexes diminishes but will open up new ways of
utilisation, whether it is space sharing, event hire or a collaboration venue. Along with
many other trends, COVID-19 has accelerated the move for commercial real estate to
become more adaptable, allowing industries to be reborn and rethink their place in
their evolving surroundings.

9. Rapid innovation will keep businesses afloat

Technology will continue to drive innovation across business models in various
industries, allowing new businesses to enter the market and disrupt incumbents in
serious ways. In order to drive business growth, stay relevant in changing times, and
differentiate from the competition, business leaders must be able to think creatively and
embrace innovation to create break-through value for their customers. In the post
COVID-19 era, there will be a greater need to increase innovation and move away from
the comfort of operating ‘business as usual’. If organisations do not adapt to new ways
of working they may experience an existential crisis.

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The Importance of Cyber Law

Cyberlaw is used by smaller business organizations which are extremely

vulnerable because of the ineffective cybersecurity. It is very important to all
types of business organizations, particularly when you think about the
importance or advantages of the internet as well as digital systems are for
your day-to-day operations. There are various reasons for which Cyber Law,
is very important, are listed below;

• It allows employees to work safely – with the help of cyberlaw,

you and the employees of your company haven’t got any risk from a
potential cyberattack. If your system becomes infected than that can
really hamper their productivity.
• It can protect your business – This is one of the biggest factors,
because of which cyber law is very important. It allows the
employees to surf the internet as and when they require it. You have
to ensure that they can’t at risk from potential threats.
• It protects the personal information of the user – One of the
most important factors in the digital world is to keep your personal
information secret. It is very essential for the customer that they are
quite capable of selling the information.
• It protects productivity – There are many viruses present which
can slow down your personal computer. It may often bring your
personal business to a standstill.

Significance of cyber Ethics

Cyberethics is a branch of computer technology behavior that defines
the best practices that must be adopted by a user when he uses the
computer system. In simple terms, cyberethics refers to the basic
ethics and etiquette that must be followed while using a computer
system. Ethics, in general, refers to propagating good behavior,
similarly by cyber ethics we refer to propagating good behavior online
that is not harsh or rude. Cyberethics governs rules that individuals
must be polite and responsible when they use the internet. Cyberethics
aim to protect the moral, financial, social behavior of individuals.
Cyberethics engages the users to use the internet safely and use

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technology responsibly and sensibly. Cyberethics empathizes the
behavior that must be adopted while using cyber technology.
Some of the breaches of cyberethics are listed below:

• Cyber Bullying: Cyber Bullying is a form of bullying

carried out via internet technology such as social media where
individuals are mocked on their physical appearance,
lifestyle, preferences, etc. The teenage generation or say
youngsters are the major victims of this form of cyber ethic
breach. Cyberbullying affects the emotional ethics of
individuals and can cause mental disturbance to individuals.
•
• Hacking: Stealing a user’s personal or organizational
information without authorized permission is not considered
a good practice. It is one of the riskiest cyber breaches to data
leak. Data leak includes passing of sensitive information such
as passwords, bank details of the user to a third-party user
who is not authorized to access the information.
•
• Copywriting: Claiming of another individual as one’s own
is another type of cyber ethic breach that must be eradicated.
Never engage in copywriting another person’s content or
document and claim as it is your own. It leads to a serious
problem called plagiarism, which is a punishable offense and
considered a legal crime. It is always advisable to follow
general cyberethics, while using the internet or say any kind
of technology. A proper code of conduct must be followed
while using cyber technology. Cyberethics if not used wisely
can lead to serious situations. Social and legal laws are
defined to use cyber technology wisely. In extreme cases,
legal action can be taken if there is a violation of cyber ethics.

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Need for Cyber regulations and Ethics

The main objective of the technology is to provide a sense of security

to the users. But nowadays, with the improvement of technology due
to cyber crimes and ethics, day-to-day activities have become much
more easier and user friendly. It has led to a harsh world of security
threats at the same time by agencies like hackers, crackers etc. Hence a
number of information technology methods have come up to curb such
destructive and dangerous activities to achieve the real objective of
such improved technology, i.e., to provide a sense of security to the
users. Some measures to curb cyber crimes via cyber law and ethics are
as follows:

• Synchronised passwords

Passwords are meant for one`s security. The password synchronised on

the card changes after every 30-60 seconds which makes it valid for
one-time log-on sessions only. Other methods providing security are
fingerprint identification, signature, voice, retinal identification and
biometric recognition etc to impute password and pass phrases.

• Encryption

This is an important tool to protect data in transit. Plain content

(readable) can hence be changed over to cipher text (coded language)
by this technique and the beneficiary of the information can decode it
by changing over it into plain content again by utilizing private key.
With the exception of the beneficiary whose holder of the private key
unscramble the information, nobody can access sensitive data.

The data in travel, as well as the data put away on PC, can be secured
by utilizing Conventional cryptography technique. Regular issue lies
during the appropriation of keys as anybody who catches it or captures
it can make the entire object of encryption to stop. Open key
cryptography was one answer for this where the open key could be

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known to the entire world however the private key was just known to
the recipient, it is extremely hard to get a private key from an open
public key.

• Firewalls

It divides between the framework and potential interlopers or intruders

to shield the arranged archives from spilled or got to. It would just give
the information to stream access PCs which in this way are perceived
and confirmed by one’s framework. Therefore, it just allows access to
the framework to ones previously registered with the PC.

• Digital signatures

Advanced or Digital Signature made by utilizing methods for

cryptography by pplying algorithms. This has its unmistakable use in
the matter of banking where client’s mark is accordingly distinguished
by utilizing this technique.

Ethics in Information society

The principles on which information ethics are based derive from
the Universal Declaration of Human Rights(link is external) and
include the right to freedom of expression, universal access to
information, the right to education, the right to privacy and the right
to participate in cultural life. Promoting values and principles based
on fundamental human rights is central for the development of an
equitable information society and raising awareness about ethical
issues related to information is one of the six priorities of
the Information for All Programme (IFAP).
Read less
One of the challenging ethical issues that IFAP addresses is the use of
cyberspace for the radicalization of young people leading to
violence. Interventions are articulated around the support of
multidisciplinary research, empowering youth online communities

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and key youth stakeholders, strengthening mobilization and
cooperation between media professionals and practitioners and
supporting creative media campaigns and outreach strategies targeting
policy-makers and opinion-makers as well as the general public.
Attention is also given to the ethical dimensions of Artificial
Intelligence that can certainly contribute towards sustainable
development, but also pose questions related to the use of this
emerging technologies and the respect of fundamental human
rights. UNESCO is playing a leading role to sensitize different
stakeholders on the ethical dimension of the use of Artificial
intelligence and reflection on challenges to be addressed and the
development of its use in furthering inclusive equitable knowledge
societies. World Commission on the Ethics of Scientific Knowledge
and Technology (COMEST) is also playing a leading role on ethical
questions raised by artificial intelligence.

Introduction to Artificial Intelligence Ethics

The course introduces the fast evolving interdisciplinary research area of

Artificial Intelligence (AI) Ethics to doctoral students who are interested in
either AI as a computer science discipline or students interested in
researching the societal and personal impact of AI technologies introduced
in society.

The course consists of 7 modules.

The first two modules establish a common foundation for following the
course.

The first introductory module presents AI as a technical discipline, the

main methodology and research questions. The second module offers an
introduction to artificial intelligence studies in social sciences and
organisational studies.

In module 3 the students learn the foundations and state-of-the-art in

accountability and transparency of AI. They get an entry point to research

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in this area: learn how to learn more and how to engage with that research
community.

In module 4 the students will learn what the basic problems and
approaches are to making algorithms explainable. They will understand
the difference between explainability and interpretability of algorithms and
how transparency relates to these concepts. The students learn to compare
and evaluate different ML algorithms with respect to their explainability.

In module 5 the students will learn what the concept of fairness means
with respect to algorithms. They will learn to recognise the different
definitions of fairness, their motivation, strengths and weaknesses. the
students will be introduced to the basic methods for mitigating bias in
algorithms and data (preprocessing, in-processing and post processing).

In module 6 the students learn the role that privacy concerns play in
artificial intelligence. In particular they will be introduced to the basic
principles and methods of ensuring differential privacy and data.

Module 7 is reserved for discussing open research problems in AI ethics,

challenges and possible approaches.

Each module consists of 4x45 minutes. Lectures are combined with hands-
on exercises for the students and discussions. Reading assignments will be
assigned between each module.

Ethical Issues in AI and core Principles

There are numerous accounts of the ethical issues of AI, mostly

developments of a long-standing tradition of discussing ethics and AI
in the literature (Coeckelbergh 2019, Dignum 2019, Müller 2020), but
increasingly also arising from a policy perspective (High-Level
Expert Group on AI 2019). In this book and the SHERPA
project2 that underpins much of the argument, the aim was to go
beyond literature reviews and find out empirically what people have
in mind when they speak of the ethical issues of AI. I will focus here
on ten case studies and the open-ended first stage of a Delphi study to

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come to a better understanding of how the ethics of AI is perceived by
people working with and on AI systems.

The level of analysis of the case studies was defined as organisations

that make use of AI. Case studies are a methodology that is
recommended to provide answers to the “how” and “why” of a
phenomenon and events over which the researcher has little or no
control (Yin 2003a, b). In order to gain a broad understanding, a set of
application areas of AI was defined and case study organisations
identified accordingly. Using this methodology, the case studies
covered the following social domains:

• employee monitoring and administration

• government
• agriculture
• sustainable development
• science
• insurance
• energy and utilities
• communications, media and entertainment
• retail and wholesale trade
• manufacturing and natural resources

For each case a minimum of two organisational members were

interviewed, the aim being to engage with at least one technical expert
who understood the system and one respondent with managerial or
organisational expertise. Overall, for the ten case studies, 42
individuals were interviewed. Based on the initial draft report of each
case, peer review among the research team was undertaken, to ensure
that the cases were consistent and comparable. For a detailed
overview of the methods, findings and outcomes of the case study
research, see Macnish et al. (2019).

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Introduction to Block chain Ethics

Blockchain’s ethical issues for organizations stem from its three main promises:
immutability, disintermediation (distributed verification), and automation.
Immutability results in the permanency of a human past record and raises
ethical issues such as privacy and transparency concerns (Hofmann et al., 2017).
Disintermediation refers to horizontal decision-making and the numerosity of
stakeholders in verifying outcomes (Quiniou, 2019). Disintermediation raises
ethical issues related to accountability and equal opportunity. Automation refers
to the self-executing features of coded agreements called smart contracts
(Szabo, 1996) which raises issues related to human dignity among others.

This paper is among the first to map out DePo at various phases of people
operations. First, this paper brings light to privacy challenges for the entry and
exit stages of people operations while arguing that contractarianism—based on
a hypothetical ex ante contract—can best capture the associated ethical issues.
As for intraorganizational affairs, the paper offers fresh views of blockchain’s
potential impacts on compensation, shared leadership, conflict management,
and performance evaluation. It suggests that each of the applications requires
separate ethical analysis. For instance, on shared leadership and a new form of
conflict management—what we call distributed conflict management (DCM)—
virtue ethics with its focus on human flourishing best captures the associated
ethical nuances. From a broader perspective, this paper contributes to the
existing literature by showing how emerging technologies can foster the
transition from the purely utilitarian view of human resources to a more
collaborative environment. In achieving so, the paper analyzes the ethical
ramifications of emerging technologies which requires in-depth understanding
of their disruptive potentials and a more robust stage-by-stage analysis that is
not merely related to the consequences of emerging technologies.
Theoretical Background
A New Kid on the Block
Blockchain technology is a new form of trust and choice architecture, which
allows for the disintermediation of third parties (Werbach, 2018). At the heart of
blockchain technology is a new form of “consensus” that makes it possible for
the platform and users to make decisions without oversight and presence of a
third party. For example, if person A is transferring a sum of money from her
account to person B, banks record the transaction. In blockchain and crypto-
economics, other users of the platform record the transaction. By multiplying
the ledgers that include the transaction, blockchain makes it extremely difficult
for a single user or even a group of users to manipulate the transaction or
double-deal. The blockchain platform often includes an incentive mechanism to
encourage users to participate in the record-keeping process. Most notably, in
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the Bitcoin platform, the users are rewarded if they solve complex mathematical
problems (called mining) (Böhme et al., 2015). In essence, blockchain is a
crowd-based or peer-to-peer platform, which enables verification and storing of
information with the help of all of its users (i.e., disintermediation). The
information is stored in digital blocks, which creates a chain of immutable
information (Tapscott & Tapscott, 2017).

Blockchain enables a new network-based decision-making process whereby

users are not merely the recipients of information of decisions but also the
decision-makers (Ghodoosi, 2021). Put differently, at its core, blockchain
enables the creation of value through a consensus-based verification mechanism
based on an incentive structure. Values, therefore, are created not by trust in a
government (e.g., dollar) but based on verification of others (Tapscott &
Tapscott, 2017). Moreover, in blockchain platforms, users are often anonymous
or pseudonymous which enables a new form of engagement with the network
and a new type of decision-making (Aitzhan & Svetinovic, 2016). Even though
the technology is still in a nascent phase relative to other technologies,
blockchain’s promise lies in its new form of rendering organizational decisions
that can change the structure of organizations.

The Power of Artificial Intelligence and Blockchain

The relationship between blockchain and AI is evolving. Blockchain is a record
mechanism enabling distributed decision-making and immutable record
keeping. However, the information that is fed into the blockchain system and
ultimately printed into the blocks in a blockchain can be AI-enabled. In other
words, AI is the connection between blocks and the external data. For example,
imagine a blockchain-based distributed ledger social network. All users’ public
information is stored on blocks. However, new blocks can be added based on AI
algorithms which collect the information of users (e.g., about their preference
for a presidential candidate) and store them into new blocks. One difference
between the distributed social network and the existing one is that AI algorithms
allow for further decentralization (elimination of central planning) as the AI
algorithms determine the information that is shared among users and added to
new blocks. One can further imagine that both the AI algorithm and the types of
information recorded can be modified pursuant to the consensus mechanisms
(similar to a constitution) adopted as the underlying basic logic of this social
network. The use of blockchain jointly with AI in organizations presents novel
ethical questions given that the immutable data storage capability of blockchain
meets the ever-increasing capability of AI in generating data.

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Topperworld.in