This action might not be possible to undo. Are you sure you want to continue?
Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further development. Of all the significant advances made by mankind from the beginning till date, probably the important of them is the development of Internet. To put in a common man¶s language, Internet is a global network of computers, all of them speaking the same language. In 1969, America's Department of Defense commissioned the construction of a Super network called ARPANET. The Advanced Research Projects Agency Network (ARPANET), basically intended as a military network of 40 computers connected by a web of links & lines. This network slowly grew and the Internet was born. By 1981, over 200 computers were connected from all around the world. Now the figure runs into millions. The real power of today's Internet is that it is available to anyone with a computer and a telephone line. Internet places at an individual's hands the immense and invaluable power of information and communication. Internet usage has significantly increased over the past few years. The number of data packets which flowed through the Internet have increased dramatically. According to International Data Corporation ("IDC"), approximately 163 million individuals or entities will use the Internet by the end of this year as opposed to 16.1 million in 1995. If left to its own measure, it is highly unlikely that such a trend can reverse itself. Given this present state of the Internet, the necessity of Cyberlaws becomes all the more important. Q.2. Why is there a need for Cyberlaw ? When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyberlaws. Q.3. What is Cyberlaw ? Internet is believed to be full of anarchy and a system of law and regulation therein seems contradictory. However, cyberspace is being governed by a system of law and regulation called Cyberlaw. There is no one exhaustive definition of the term ³Cyberlaw´. Simply speaking, Cyberlaw is a generic term which refers to all the legal and regulatory aspects of Internet and the World Wide Web. Anything concerned with or related to or emanating from any legal aspects or issues concerning any activity of netizens and others, in Cyberspace comes within the ambit of Cyberlaw. The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the
Does Cyberlaw concern me ? Yes. But you may be involved by the other party being B in a Cyber legal dispute which may allege that you are deliberately involved in the practice of Cyber squatting (the practice of knowingly registering the trade mark of any legal entity. Many technical experts in the beginning felt that legal regulation of Internet is not necessary. Needless to say. Q. Q. to the time you conduct electronic commerce transactions on the said site. Domain Names are given to you on first come first served basis.6. it is crystal clear that no activity on Internet can remain free from the influence of Cyberlaw. the concerned party. Publishing a Web page is an excellent way for any commercial business or entity to vastly increase its exposure to millions of persons. at every point of time. it shall be incumbent on the concerned party. Q. to the time you promote your website. As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history. say www.4. to produce all documentary and other evidence to substantiate its claim to the concerned Domain Name. B. may approach the World Intellectual Property Organisation (WIPO) for adjudicating the matter and WIPO by a summary procedure may direct you to relinquish and release the said Domain Name to B.com which may be the trade mark of any other company. say B.5. Initially it may seem that Cyberlaws is a very technical field and that it does not have any bearing to most activities in Cyberspace. You may also be involved in Cyber litigation as the concerned party. every activity of yours in Cyberspace can and will have a Cyberlegal perspective. organisations and governments . You may not be bothered about these issues today because you may feel that they are very distant from you and that they do not have an impact on your Cyber activities. company or person with the intention of holding on to it and thereafter selling the same to the said legal entity. the World Wide Web and Cyberspace. What is the importance of Cyberlaw ? Cyberlaw is important because it touches almost all aspects of transactions and activities on and concerning the Internet. This is just one of the many examples that show the importance of Cyberlaw for you. All these regulatory mechanisms and legal infrastructures come within the domain of Cyberlaw. Cyberlaw does concern me. person or legal entity in any part of the world. to the time you set up your web site. company or person at a handsome premium). What is the general awareness about Cyberlaw today ? Today. But the actual truth is that nothing could be further than the truth. there are various Cyberlaw issues involved. the awareness about Cyberlaw is beginning to grow. But with the rapid growth of technologies and Internet. B.xyx. you will have to tighten your belts and take note of Cyberlaw for your own benefit. But sooner or later. From the time you register your Domain Name. For example. Whether we realize it or not.success of Electronic Commerce. every action and every reaction in Cyberspace has some legal and Cyber legal perspectives. you may knowingly or unknowingly book a Domain Name.
Cyberlaw. Just as different civilizations and societies in history have taken time to develop and refine their legal systems. What is a Domain Name ? Since it is not possible to remember each and every numerical value of an IP address. a specific Web site. are used as an easy-to-remember alias which point to a specific IP address. As the Internet grows. It's a unique name used to identify. This IP address is given by numerical values like 202. The IP address is just like any telephone number which identifies a particular computer on the Internet. Each computer on the said network has its own distinct entity and presence.com" would be the top level domain name while "indiainfoline" would be second level domain name. in the case of Internet too. numerous legal issues arise. http://www.54. The dominant purpose of the domain name is simply to provide an easy method for remembering another's electronic address.world-wide. What is an IP address ? The Internet is a network of computers. the system of domain names evolved.8. What is the stage of development of Cyberlaw today ? Cyberlaw today. among other things. These issues vary from Domain Names. DOMAIN NAMES Q. ".com. namely the top level domain name(TLD) and a second level domain name. is at an early stage of development.7.75.com/. It is that feature of the Internet which is causing much controversy in the legal community. The list is very long.9. Cyberlaw is constantly being evolved. Different countries in different parts of the world are adopting their own strategies to this new field. . on a global scale. That is the reason why every computer is given a distinct Electronic Address called the Internet Protocol address or in short IP address.11. being a constantly evolving process. it will take some time for Cyberlaws to be fully developed and refined. Thus in the said example.15. Q. Internet domain names.10. is suitably modifying itself to fit the call of the time. Q. What are the components of a Domain Name ? Any domain name consist of two components. to Intellectual Property Rights to Electronic Commerce to Privacy to Encryption to Electronic Contracts to Cybercrime to Online Banking to Spamming and so on. As new and new opportunities and challenges are surfacing.indiainfoline. Q. Q. Thus a typical domain name would be http://www.indiainfoline. Is Cyberlaw constantly evolving ? Yes. in a common man's language.
the domain name www.Cybersquatting is the practice by means of which a person or legal entity books up the trade mark. Q.gov and . Microsoft Corporation. This led to numerous ticklish legal issues.16.org was available and was registered by Amit Mehrotra much before Microsoft Corporation could think of it.12.14. business name or service mark of another as his own domain name for the purpose of holding on to it and thereafter selling the same domain name to the other person for valuable premium and . the Internet Corporation Assigned Names and Numbers (ICANN) allowed other accredited registrars to register domain names. When the system of registering domain names began. the said norms have been abandoned and today anyone can. first served" criteria of domain name registration.in is registered by NCST at Bombay.15. Q.Q. .microsoft. . This feature of domain names gives rise to numerous legal issues and disputes.net. What are the categories of Top Level Domain Names (TLDs)? As on date. The second category of top level domain names is the country code TLDs denoted by a two letter country code. without any restriction of any kind whatsoever.net.org because of the "first come. due to the enhanced volumes of domain name registrations. first served" basis. could not get the domain name www. In India. Thus the important thing in domain names registration is speed. . What is the unique feature of Domain Names ? The unique feature of domain names is that the said domain names are given on "first come.com.in. What is Cybersquatting ? Another legal issue surrounding domain names is that of Cybersquatting.edu.microsoft. Q.edu are to be assigned to non-commercial organizations. . However. Domain names are indeed different from trademarks. government agencies and educational institutions respectively. . can register any domain name. as time has passed. To take an example. This monopoly of Network Solutions continued for many years and only in 1999. Who registers Domain Names ? The domain names were initially registered by Network Solutions only. who had the sole monopoly to register the said TLDs. while others such as . The responsibility for assigning the same is given in each country to a specified country domain name registrar.org.org. Today there are more than 100 registrars with whom one can register a TLD. How are Domain Names different from Trade Marks ? To put it simply. This aspect of domain names has led to numerous legal problems. there are two categories of top level domain names.com name is to be given to commercial organizations.13. the TLD. In the first category comes the domain names . the top level domain name for India is . network providers. While it is possible that the same trademark may be registered by different persons in different categories and different lines of businesses. despite having the trademark Microsoft. Q. it may be possible to only register one domain name corresponding to such trademark. For instance. the norms were that the .
any activities which basically offend human sensibilities.23. Tell us more information about Cybercrimes against persons ? . property and Government. What are the various categories of Cybercrimes ? Cybercrimes can be basically divided into 3 major categories being Cybercrimes against persons. Child Pornography on the Internet constitutes one serious Cybercrime.17. The field of Cybercrime is just emerging and new forms of criminal activities in cyberspace are coming to the forefront with the passing of each new day. These could be either the criminal activities in the conventional sense or could be activities. Because of the anonymous nature of the Internet. have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. including in India.21. Under the said Domain Names Dispute Resolution Policy. are as much Cybercriminals as any others. can also be included in its ambit. Similarly. Q. the founding fathers of Internet hardly had any inclination that Internet could also be misused for criminal activities. a summary procedure is adopted to adjudicate the complaint of any complainant relating to any domain name on payment of processing fees. Courts throughout the world. Cybercrime refers to all the activities done with criminal intent in cyberspace. the recent trend is more towards taking the cybersquatters by the horns and fighting them out by legal processes. Cybersquatters book up domain names of important brands in the hope of earning quick millions .18. Q. Q. Q. Today.20. Q. However. This policy has been in operation since the end of last year. online pedophiles. What are the recent trends relating to tackling Cybersquatters ? The Internet history has shown that while some corporate players have been willing to and have indeed coughed up money to get back their legitmate domain names. Do we have any one exhaustive definition of Cybercrime ? There can be no one exhaustive definition about Cybercrime. Q. using internet to induce minor children into sex. there are many disturbing things happening in cyberspace. What is the latest most effective remedy against Cybersquatting ? The latest breath of fresh air in the fight against Cybersquatting has been the Uniform Domain Name Dispute Resolution Policy which has been duly approved by ICANN. have been proactive and have been granting injunctions to stop cybersquatters from operating their web sites.22. it is possible to engage into a variety of criminal activities with impunity and people with intelligence.consideration. newly evolved with the growth of the new medium. What is Cybercrime ? When Internet was developed.
Q. indecent exposure. distribution. The trafficking. Various kinds of harassment can and does occur in cyberspace.27. or through the use of cyberspace. Using one's own programming abilities as also various programmes with malicious intent to gain unauthorized access to a computer or network are very serious crimes. Q. Cyber Terrorism is one distinct kind of crime in this category. racial. The growth of Internet has shown that the medium . It is unanimously agreed that any and every system in the world can be hacked. if not controlled. Software piracy is also another distinct kind of Cybercrime which is perpetuated by many people online who distribute illegal and unauthorised pirated copies of software. religious. and dissemination of obscene material including pornography.Cybercrimes committed against persons include various crimes like transmission of childpornography. Yahoo. Coupled with this . Amazon and others are a new category of Cybercrimes which are slowly emerging as being extremely dangerous. Q. Cyber harassment as a crime also brings us to another related area of violation of privacy of netizens. These crimes include unauthorized computer trespassing through cyberspace. posting. constitutes one of the most important Cybercrimes known today. Is hacking a Cybercrime ? Hacking and cracking are amongst the gravest Cybercrimes known till date. computer vandalism. Harassment can be sexual. harassment of any one with the use of a computer such as e-mail. Q.25.26. or other. Violation of privacy of online citizens is a Cybercrime of a grave nature. This is one Cybercrime which threatens to undermine the growth of the younger generation as also leave irreparable scars and injury on the younger generation. and child pornography. Is Cyber harassment also a Cybercrime ? Cyber harassment is a distinct Cybercrime. and unauthorized possession of computerized information. Persons perpetuating such harassment are also guilty of cybercrimes. What is Cybercrime against Government ? The third category of Cybercrimes relate to Cybercrimes against Government. the creation and dissemination of harmful computer programs or virii which do irreparable damage to computer systems is another kind of Cybercrime. and cyberstalking. What are Cybercrimes against property ? The second category of Cybercrimes is that of Cybercrimes against all forms of property. transmission of harmful programs.24. Similarly. the actuality is that no computer system in the world is hacking proof. No one likes any other person invading the precious and extremely touchy area of his or her own privacy which the medium of Internet grants to the netizen. The recent denial of service attacks seen over the popular commercial sites like E-bay. It is a dreadful feeling to know that a stranger has broken into your computer systems without your knowledge and consent and has tampered with precious confidential data and information. The potential harm of such a crime to humanity can hardly be overstated.
a lot of work has to be done in this field. Q. However.28. it is the duty of every netizen to contribute toward making the said cyberspace free of any trouble or cybercrime. Is there any recent case which demonstrates the importance of having Cyberlaw on Cybercrime within the national jurisdictions of countries ? The most recent case of the virus "I love you" demonstrates the need for having cyberlaws concerning Cybercrimes in different national jurisdictions. The National Bureau of Investigation is finding it difficult to legally arrest the suspect behind the 'Love Bug' computer virus. a senior police officer said". This crime manifests itself into terrorism when an individual "cracks" into a government or military maintained website. human ingenuity needs to be channelised into developing effective legal and regulatory mechanisms to control and prevent Cybercrimes. As such. Q. As of now.29. What is the approach adopted by US Courts regarding Cybercrimes ? The courts in United States of America have already begun taking cognizance of various kinds of fraud and Cybercrimes being perpetuated in Cyberspace. They can either file for civil damages or wait for the culprits to be nabbed and then to be tried under provisions. where knowledge is free. there is no one healing remedy. The fact of the matter is that there are no laws relating to Cybercrime in the Philippines. Q. Is there any comprehensive law on Cybercrime today ? Since Cybercrime is a newly specialised field. At the time of the web publication of this feature. Q.30. there is absolutely no comprehensive law on Cybercrime any where in the world. the need for countries to legislate Cyberlaws relating to Cybercrime arises on an urgent priority basis. To rephrase the famous words of Rabindra Nath Tagore in today's context. Why do we need to fight Cybercrime ? We all must remember that Cyberspace is a common heritage of ours which we have inherited in our life times from the benefits of ever growing technologies.31. For the victims of various Cybercrimes. similarly. existing or envisaged which are not comprehensive at all. where tireless striving stretches . Reuters has reported that "The Philippines has yet to arrest the suspected creator of the 'Love Bug' computer virus because it lacks laws that deal with computer crime. "Where the Cyberspace is without fear or crime and the head is held high. Just as human mind is ingenious enough to devise new ways for perpetuating crime. This is reason that the investigating agencies like FBI are finding the Cyberspace to be an extremely difficult terrain.of Cyberspace is being used by individuals and groups to threaten the international governments as also to terrorise the citizens of a country. This Cyberspace is the lifeline of the entire universe and given its irreversible position today. a lot of development has to take place in terms of putting into place the relevant legal mechanism for controlling and preventing Cybercrime. These various Cybercrimes fall into that grey area of Internet law which is neither fully nor partially covered by the existing laws and that too in some countries. growing in Cyberlaws.
10. 3. O my father. 9. 8. 6. 4. 7. let our humanity awake 1. do you know anyone who has suffered from identity theft online? Has your PC ever been infected by a computer virus that damaged your PC components or stored data considerably? Have you ever received any e-mail that advertised child pornography? Do you feel like your PC has ever been hacked? Have you ever had any problem with any online merchant account? Do you feel like there is any other type of cybercrime that has not been covered in this questionnaire? Do you feel like you are well protected against cybercrimes? .its arms towards perfection. 5. 2. into that cyber heaven of freedom. «.. Have you ever gotten an e-mail that you were certain of being spam? If yes. what did you do about the spam e-mail? Have you met any person whom you encountered only in a chat room? Has your identity ever been stolen? Or.