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Syllabus of Cyber Law

By Debmita Mondal, Assistant Lecturer, Hidayatullah National Law University


Overview
The aim of this paper is to acquaint the students on basic technological concepts relating to
cyberspace, the inherent characteristics of internet and the virtual space and how the same has
raised various new challenges to the traditional legal regimes existing in physical world. The
paper discusses legal issues relating to cyberspace starting from jurisdiction, to new kinds of
crimes evolving simultaneously with technology, to issues of privacy and data protection as well
as infringement of intellectual property rights in cyberspace. The paper will also focus on
emergence of E-commerce, E-Governance and E-contracting and how Information Technology
laws govern and facilitate such developing arenas.

Scope of Study
The paper is limited in scope to laws governing the aforesaid issues to India only. Therefore
references will be drawn to Information Technology Act, 2008, The Contract Act, The Indian
Penal Code, The Code on Criminal Procedure whenever necessary and Indian Case laws.
However, to facilitate understanding the evolution of concepts and legal principles governing
cyberspace issues, reliance on foreign judgments and legislations will be made if necessary.

Modules
Module I: Introduction

 Overview of cyber-law
 Basic concepts like cyber-law, cyberspace
 Building blocks of cyber space
 Evolution of Internet and types of net
 Defining computer, computer network, computer system, computer system
 Cyber Jurisprudence at International and Indian Level
Module II: Jurisdictional Aspects in Cyber Law
 Issues of jurisdiction in cyberspace
 Types of jurisdiction
 The Test evolved
- Minimum Contacts Theory
- Sliding Scale Theory
- Effects Test and International targeting
 Jurisdiction under IT Act, 2000.

Module III: Cyber Crimes& Legal Framework

 Civil wrongs under IT Act


 Cyber Crimes against Individuals, Institution and State
 Hacking
 Digital Forgery
 Cyber Stalking/Harassment
 Cyber Pornography
 Identity Theft & Fraud
 Cyber Terrorism
 Cyber Defamation
 Various other offences under IT Act, 2000
 Appropriate bodies for redressing civil and criminal offences.

Module IV: Right to Privacy and Data Protection on Internet

 Concept of privacy and Threat to privacy on internet


 Self-regulation approach to privacy
 Ingredients to decide confidentiality of information
 Breach of sensitive personal information and confidentiality under IT Act and penalties
for the same.
 Right of Interception under IT Act.
 Privacy invasion by individuals, state and corporate bodies.

Module V: Digital signature and Electronic Signature and Data Protection

 Concept of public key and private key


 Certification authorities and their role
 Creation and authentication of digital signature
 Concept of electronic signature certificates

Module VI: E Contracting

 Salient features of E-contract


 Formation of E-contract and Types
 Indian Approach on E-contracts

Module VII: E-Governance and E Commerce

 Electronic Governance
- Concept of electronic records and electronic signatures
- Rules for attribution, acknowledgement and dispatch of such records
 E-commerce-Salient Features and advantages and challenges posed
 Models of E-commerce like B2B, B2C and examples
 Indian Laws on E-commerce

Module VIII: Intellectual Property Issues in Cyber Space

 Interface with Copyright Law


- Intermediary liability.
 Trademarks &Domain Names Related issues
-Dispute Resolution in Cyberspace
 Metatags, Linking, Framing
 Trademark issues: Adwords and Trademark Infringement

Books:
1. Karnika Seth, Computers, Internet and New Technology Laws published by Lexis Nexis .
2. Apar Gupta, Commentary on Information Technology Act published by Lexis Nexis.
3. Rohas Nagpal, Cyber Crime and corporate liability published by Wolter Kluwers.
4. Vivek Sood, Cyber Law Simplified, Mc Grawl Education.
Articles and Case laws will be pointed out in class for discussion.

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