CYBER LAW
Tanya Gupta
Assistant Professor
Parul Institute of Law
Unit 1
Cyber World: An Overview
Introduction about the cyber space
Electronic & Digital Signatures - technical issues, legal issues,
Electronic Contracts, Virtual Currencies, Bitcoin, Cryptocurrencies
Regulation of cyber space
Introducing cyber law
Scope of Cyber laws – e-commerce; online contracts
IPRs (copyright, trademarks and software patenting);
e-taxation
e-governance
cyber crimes
Unit-2
Fundamentals of Cyber Law –
Legislative Framework,
Judicial Framework,
Quasi-judicial Framework,
Protection of Privacy and Data International Cyber Law Framework
Relation between Cyber security and CybercrimeVarious Elements of
Cyber security
Jurisdiction in Cyberspace
Unit - 3
Introduction to IT laws & Cyber Crimes
Regulation of cyber crimes
Cyber Crime Investigation
Relevant provisions
Information Technology Act, 2000,
Indian Penal Code,
Pornography Act
Evidence Act
Unit - 4
Information Technology Act, 2000 –
Digital Signature;E-Commerce and E-Governance
Regulation of Certifying Authorities;
Duties of Subscribers
Penaltiesand Adjudications
Offences under the Act
Adjudicating Officer and Cyber Appellate Tribunal
Making of Rules and Regulations etc.
International legal regime relating to E- Commerce UNCITRAL Model Law
on Electronics Commerce1996
International legal regime relating to Intellectual Property Rights –convention on
Database protectionof Consumer Rights, Awareness and Remedies Available
Points to Study
Cyber Space & cyber world Intellectual Property Rights
Cyber Laws Information Technology Act 2000
Cyber Crime Electronic and Digital Signature
E-Governance Freedom of Speech
E-contract Trade Secrets
E-commerce Cyber Investigation
E-taxation
E-court
E-currency
Points to study
Cyber Laws Cyber crime
Information Technology Act 2000 Cyber stalking
Indian Penal Code 1860 Cyber Hacking
Indian Evidence Act 1872 Cyber Fraud
Laws related to Pornography Cyber Cheating
Laws related to e-governance Cyber theft
Laws related to e-contract Cyber Defamation
Intellectual Property Rights Cyber Terrorism
Cyber Space
The word ‘Cyber Space’ coined by William Gibson in his 1982
story “Burning Chrome’ and popularized by his 1984 novel
“Neuromancer” The word ‘Cyber’ defined as “words relating
to electronic communication network and virtual reality.
Space means
Virtual infinte extension, including so many things that they can
never be grasped all at once.
The notion of free movement, of being able to visit variety of places.
Also some sort of geometry, implying concepts; ex. Distance,
direction etc
Jurisdiction in Cyber Space
No territorial limits
Trimex International FZE Ltd. Vs. Vedanta Aluminum Ltd.
(Supreme Court Arb. Petition No. 10 of 2009, 22 January 2010)
• Multiple Jurisdiction via e-mail
Indian Context of Jurisdiction
Pecuniary Jurisdiction
Subject Matter Jurisdiction
Territorial Jurisdiction
Cyber Space
A global network of information technology (interdependent
information)
An environment for many participants (social interactions involved)
Vast number of computer connected together (sharing data and
information)
Virtual location/ No geographical location (e-mails, chat rooms
etc.)
Facilitates Internet (voting, attending classes, purchasing homes
and automobiles, court proceedings, medical, designs etc.)
Disadvantages of CyberSpace
Boon in e-commerce, e-governance, e-learning and other dependent
working, becomes a real threat for the present day information age.
Total dependence of commercial, banking and even administrative
working
Technology made traditional criminals to commit cyber crimes
Risk of hacker (online transaction, use of credit cards, bank login)
Phishing (e-mail fraud, PayPal account, etc.)
Danger for youngsters (addiction, camouflage images, etc.)
Meaning of Cyber Law
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.
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 crimes.
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.
4. It helps in protecting personal and financial information
5. It helps in preventing cyber crime
6. It helps in facilitating e-commerce and reduce misuse of it
7. It protect Intellectual Property.
8. It ensure cyber security from malicious software and viruses.
Advantages of Cyber Law:
• Organizations are now able to carry out e-commerce using the legal infrastructure
provided by the Act.
• Digital signatures have been given legal validity and sanction in the Act.
• It has opened the doors for the entry of corporate companies for issuing Digital
Signatures Certificates in the business of being Certifying Authorities.
• It allows Government to issue notifications on the web thus heralding e-governance.
• It gives authority to the companies or organizations to file any form, application, or any
other document with any office, authority, body, or agency owned or controlled by the
suitable Government in e-form using such e-form as may be prescribed by the suitable
Government.
• The IT Act also addresses the important issues of security, which are so critical to the
success of electronic transactions.
• Cyber Law provides both hardware and software security.
Interface of Technology and Law
Reformation of legal system through technology
Interface of technology with administration of criminal
justice (identification of voice, blood samples, DNA
profiling, hacking, phishing etc.)
Interface of technology with civil law (International law,
agreement etc)
