Cyber law and information technology protection

Contents:
Part I:
Internet, E-commerce and E-governance with
Reference to Free Market Economy
1 Understanding Computers, Internet and Cyber Laws 3–12
Modern Era: The Scene and Problems 3
Need for Cyber Laws 4
Historical Perspective 5
Impact of the Internet and Information Technology (IT)
on Business and Society 5
The Character and Use of Internet Technologies 6

2 Conceptual Framework of E-commerce: E-governance 13––28
What is E-commerce? 13
Growth and Development of E-commerce 14
Various Modes of E-commerce 15
Mechanism Involved in the Operation of Internet 16
Type of Players in E-commerce 16
Web Development and Hosting Agreements 18
Web Hosting 18
The Problem of Internet Jurisdiction 19
Illustrative Cases about Cyberspace Jurisdiction 21
Type of Websites 23

3 The Role of Electronic Signatures in E-commerce with
Reference to Free Market Economy in India 29–51
Introduction 29
Basic Laws of Digital and Electronic Signature in India 30
Authentication of Digital Signatures and Electronic Records 32
Authentication of Electronic Signatures and Electronic Records 33
UNCITRAL: Model Law on Electronic Commerce, 1996 34
UNCITRAL: Draft Rules of November, 1998 35
Securing Electronic Transactions Cryptography and Securing
Electronic Transactions 36
The Concept of Hash Function 38
Utility of Digital Signature’s Verification 39
Certification, Certifying Authorities and the Status of Electronic
Signature under the Indian Law 39
The Appointment of Controller and Other Officers and
Their Functions 40
Authentication and Verification of Electronic/Digital Signatures 41
The Cost and Benefits of Implementing Electronic/Digital
Signatures in E-commerce in India 43
Security Privacy of Electronic/Digital Signatures 43
Private Key Escrow and Key Recovery Systems 44
Obligation of a Certifying Authority and Certificate Management 45
Security Threats to Cyberspace and E-commerce 46
International Efforts to Enact Laws Relating to Electronic/Digital
Signatures 48
Efforts in the US 49
Guidelines under the Singapore Electronic Transaction Act, 1998 50
Different Approaches of Digital Signatures 51

Part II
Law Relating to Electronic Records and
Intellectual Property Rights in India
4 Legal Aspects of Electronic Records/Digital Signatures 55–77
Recognition of Electronic Records 55
UNCITRAL Model Law 56
The Legal Recognition of Electronic/Digital Signatures 56
UNCITRAL Model Law 57
The Position in the US 58
The Position in Australia 60
Electronic Records and Electronic Signatures/Digital Signatures
and Their Use by the Government and its Agencies in India 61
Contents F v
Retention of Electronic Records in India 62
UNCITRAL Model Law Relating to Retention of
Data Messages 63
Position in the US 63
Position in India 64
The Central Government’s Power to Make Rules in India 65
Electronic Records: Attribution Acknowledgement and
Dispatch in India 66
UNCITRAL Model Law on Attribution of Data Messages 66
The Position in the US 67
Acknowledgement of Receipt of Electronic Record in India 68
UNCITRAL Model Law Relating to Acknowledgement of
Data Message 68
The Position in the US 69
The Time and Place of Despatch and Receipt of Electronic
Records in India 70
UNCITRAL Model Law on Time and Place and Receipt of
Data Messages 71
Position in the US 72
Securing Electronic Record and Electronic/Digital Signatures
in India 73
Verification of Electronic Signatures in India 76
Central Government’s Power to Prescribe Security Procedure 76
Conclusion 77

5 The Roles and Regulations of Certifying Authorities in India 78–96
The Scenario 78
The Role of Certifying Authority (CA) 79
Appointment of Controller and His Functions 81
Obtaining License to Issue Electronic/Digital Signature
Certificates in India 82
Renewal and Suspension of License of the Certifying
Authority 84
Procedure for the Grant or Rejection of License to
the Certifying Authority (CA) 85
Some Procedures and Security Guidelines for Certifying
Authorities (CAs) 86
Procedure and Prior Requirements for Surrender of License,
and Cessation as Certifying Authority (CA) 87
Duties of Certifying Authorities for Disclosure of Information 88
Electronic Signature Certificate to be Issued by Certifying
Authorities (CAs) 89
Suspension of Electronic/Digital Signature Certificate 91
Archiving Electronic/Digital Signature Certificates 91
vi F Contents
Revocation of Electronic/Digital Signature Certificates 91
Rules of Compromise and Revocation of Electronic/Digital
Signature Certificates 92
The Rules of Confidential Information and Access to
Confidential Information 93
Duties of Subscribers under the Law 93
Generating Key Pair 93
The Concept of Acceptance of Electronic/Digital Certificate
by the Subscriber 94
The Importance of the Control of Private Key by
the Subscriber 95
Conclusion 95

6 Protection of Intellectual Property Rights in Cyberspace
in India 97–120
The Cyberspace 97
The Relevance of Domain Names in Intellectual Property
Rights 99
Deception by Squatting in Cyberspace 100
Bad Faith in Relation to Domain Name Infringement 102
Some Leading Cases Involving Complaints from India
before WIPO 103
Protection of Copyright on Cyberspace 103
Rights of Software Copyright Owners 106
Infringement of Copyright on Cyberspace 109
Cyberspace, the Internet, Websites and the Nature of
the Copyright 110
Linking, Hyper-Linking and Framing 111
Remedies for Infringement of Copyright on Cyberspace 113
The Liabilities of an Internet Services Provider (ISP)
in Cyberspace 114
Cyberspace and the Protection of Patents in India 115
Patent as a Form of Intellectual Property 116

Part III
International Efforts Relating to
Cyberspace Laws and Cyber Crimes

7 International Efforts Related to Cyberspace Laws 123–133
United Nations Commission on International Trade Law 123
The Organization for Economic Cooperation Development
(OECD) 124
Contents F vii
World Trade Organisation (WTO) and E-commerce 125
The World Intellectual Property Organisation and
E-commerce 126
The Internet Corporation for Assigned Names and Numbers 127
Asia-Pacific Economic Cooperation 128
Some Important Agencies in the US Connected with
E-commerce Law and Policy 129
Internet Law and Policy Forum 130
International Chamber of Commerce 130
Singapore Electronic Transactions Guidelines 131

8 Council of Europe (COE) Convention on Cyber Crimes 134–145
Some Measures to be Taken at the National/ Domestic
Level 135
Domestic Measures Relating to Offences of Child
Pornography 137
Offences Related to Infringements of Copyrights and
Related Rights 137
Principles Relating to Extradition under the Convention 141
Principles Relating to Mutual Assistance between the States
under the Convention 143
Part IV
Penalties, Compensation and Offences under
the Cyberspace and Internet in India

9 Penalties, Compensation and Adjudication of Violations of
Provisions of IT Act and Judicial Review 149–166
Penalty and Compensation for Damage to Computer,
Computer System 149
Compensation for Failure to Protect Data 153
Penalty for Failure to Furnish Information, Return or any
Other Penalty 153
Adjudication of Disputes under the IT Act 154
Cyber Appellate Tribunal, Its Functions and Powers under
the IT Act 157
Qualification for the Appointment as Chairperson
and Members of Cyber Appellate Tribunal 158
Finality of Orders Constituting Appellate Tribunal
and Appeal to Cyber Appellate Tribunal 159
Procedure and Powers of Cyber Appellate Tribunal 160

Compounding of Contraventions and Recovery of Penalty or
Compensation 161
Appeal to the High Court under the IT Act, and Judicial
Review under the Constitution of India 162

10 Some Important Offences under the Cyberspace Law and
the Internet in India 167–191
Obscenity and Pornography on Cyberspace 167
Hacking on the Cyberspace and Internet 177
Other Offences—Computer Resource 181
Violation of the Right of Privacy on Cyberspace/Internet 183
Punishment for Violation of Privacy, Breach of Confidentiality
and Privacy under the IT Act 185
Terrorism on Cyber Space/Internet 189

11 Other Offences under the Information Technology Act
in India 192–207
A Brief Overview of Cybercrimes 192
Offences by Intermediaries 193
Power of the Controller to Give Directions to Certifying
Authorities 194
Power to Issue Directions for Interception or Monitoring or
Decryption of Information 195
Power to Issue Directions for Blocking for Public Access of
any Information 196
Power to Authorise to Monitor and Collect Traffic Data or
Information for Cyber Security 197
Offences Relating to Protected System 198
The Offence of Misrepresentation 199
Offence of Publishing Electronic Signature Certificate with
False Particulars 199
Confiscation as Penalty for Contravention of the Provisions of
the Act 200
Compounding of Offences under the IT Act 201
Cognizance of Offences and Bail under the IT Act 202
Punishment for Abetment and Attempt to Commit Offences
under the IT Act 202
Commission of Offences by Companies under the IT Act 203
The Power of Police Officer and other Officers to Enter
and Search 204
Protection of Action Taken in a Good Faith 205
Some Amendments Made under the Indian Penal Code by
IT (Amendment) Act, 2008 205
Contents F ix

Part V
Miscellaneous Provisions of IT Act and Conclusions

12 The Role of Electronic Evidence and the Miscellaneous
Provisions of the IT Act 211–220
Indian Evidence Act 211
Examiner of Electronic Evidence 211
Amendments Introduced in the Indian Evidence Act, 1872 212
The Appointment of National Nodal Agency 213
Indian Computer Emergency Response Team 213
Law Regarding Electronic Cheques and Truncated Cheques 214
The Information Technology Act to have Overriding Effect 214
Power of Central Government to Make Rules under the Act 215
Constitution of Advisory Committee 216
Powers of the Controller and the State Government to
Make Rules 216
Reasonable Security Practices and Procedures and Sensitive
Personal Information Rules, 2011 217
Concluding Remarks 219
Appendices
I Information Technology Act as Amended up to 2008 223–232
II The Information Technology (Certifying Authorities)
Rules, 2000 233–249
III Ministerial Order on Blocking of Websites 250–253
IV The Information Technology (Use of Electronic Records
and Digital Signatures) Rules, 2004 254–255
Bibliography 257–262
Index 263–267.

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