UNIT-I (A)

In order to have an idea of the term information technology we have two approaches :

1) The layman’s way

2) The technical way

Information: information is a knowledge communicated or recieved about a particular fact

or situation; or knowledge acquired through study , research or instruction , a data of facts,
or simply the act or fact of informing .

Information may be also looked into as the processing of data and giving to it the context
and meaning which is further processed to yield knowledge that in a precursor to wisdom.

It thus denotes processed transmitted or stored data .

Technology: the word tekhne in Greek means art or skill to which has been combined the
word lagos – which stands for study or knowledge.

Technology stands for systematic knowledge.

Finally the term “technology” may also be viewed as a ‘manner of accomplishing a task
especially using technical processes, methods or knowledge’.

Information technology is variously defined :- it implies

The development installation, and implementation of computer system and application.

It has been also defined as , “ the technology of production storage and communication of
information using computers and micro electronics. Or

“ the development , implementation and maintenance of computer hardware and software

systems to organise and communicate information electronically”.

The language of IT

The interaction between man and man is possible only through some language, of pictures,
of signs or of alphabets. This is so because without the help of language man stands the risk
of being isolated in the world. It is only when two individuals are able to talk to each other
that can they co operate with each other in any venture.

Cyber space or cyber world is one such virtual world where the machines are connected
through information technology.

This virtual world has the computers or computer system or a network there of
communicating with each other and giving and recieving data messages.

Thus in this ‘world’ only the machines communicate or enter into contracts of various kinds
with other machines.

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Thus machines make and unmake business relations professional tie-ups or institutional
associations in the cyber space.

In this virtual world man can not talk or perform any of the aforesaid acts same with the
help of electronic devices like computers, cell phones and the like.

COMPUTER

1. Charles Babbage of England is considered as the father of modern computer

technology, who in 19th century concieved an idea to develop the computer by
mechanical assignment of shafts.
2. George stibitz of Bells lab made the first successful attempt by using teletype tape
which contained information that could be read at approximately ten “digits” per
second. The cheif characteristic of tape tester was to use of binary code instead of
the decimal system in use in other machines and use of electric storage.
3. John Atanoroff concentrated on the use of recharging capacitors for dynamic
memory storage and vaccum tubes for circulating processing , he succeded in
developing the first electronic computer ENIAC ( Electronic Numerical Integrator
And Computer ). It is composed of 18,000 vaccum tubes and 6000 flip flop switches
that were either on or off.
These vacuum tubes need high voltage of power that was producing undesirable
heat and also resulted in frequent tube failure. This helded the introduction of
transistorized computer. This was the first significant development in the computer
technology.
Historically
1. The first computer which was used in the second world war to break the enigma
encryption codes used by the German armed forces.
2. This is also called the first generation computer developed in the 1940s which was
based on valves.
3. The next decade starting from mid 1950s saw the introduction of transistors and
payed a way for the synthesis of the circuits commonly called integrated circuits.
4. In the integrated circuits a number of resistors, transistors, diodes and other
components were condensed on to a silicon chip.
Valves [ I.C – Integrated circuit , VLSI – very large scale integration ]
5. The early 1970s made possible the transformation of integrated circuit into VLSI
(very large scale integration )technology by which even small silicon chips were
made more powerful.
6. The fifth generation computers possess parallel processing by replacing serial
processing and have the capacity to function like human beings by virtue of artificial
intelligence technique.
7. From 1940 to 1960 computers were confined to research departments at the
universities and military establishments. ( University of Manchester in U.K and
Massachusetts institute of technology in the US.)

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 8. These computers were virtually hand built and assembled from valves.
9. The wiring and the programmes which were operational were also hand wired into
the computers.
10. The functions of these computers were limited to mathematical calculations.
11. Because of the limited scope of these computers the business community was not
been to invest money for further research and development.
12. After 1970 every passing day saw a new development in the computer technology,
the computers with newer functions has developed.
13. These computers have amazing speed and storing capacity and now they perform
multiferous functions.

The obvious advantages of the computer technology encouraged entrepreneurs to invest more
money and then the trade.

Initially at a very small land like cottage industries and finally grew into big corporations.

Digital Equipment Corporation was established by Kenolson and its first year profits were
around 3000 dollar and within 20 years it could manage annual world wide turnover of 1 billion
dollars and within one year it reached to 2 billion dollars.

UNIT – 1 ( B )

Law in the cyberspace

Introduction

The internet is still at a very nascent stage of development. Being the newest mode of
communication the laws ruling them are also at a developing stage.

As the internet gains proliferation the complexity of cyber laws increases and its need to cover
more relevant issues, with many countries and societies are in the process of putting in place
the cyber laws; a few have already laid down cyber laws and India is proud to be one of them.

India is globalising its economy information technology and information services have a
prolonged effect on the country’s economy, trade and commerce.

The Securities and Exchange Board of India has allowed trading on the internet. The Stock
Exchanges in India are carrying out different kinds of transactions and information exchange of
their networks.

The Reserve Bank of India has introduced the electronic payment system.

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There have been concerns from Intelligence and Law Enforcement Agencies and other about
computer crime, computer misuse, data protection, security standards, intellectual property
rights, privacy etc.

In India, cyber laws are contained in the Information Technology Act 2000.

Challenges in enforcement of law in cyberspace

Cyberspace: we have entered the information age, where information technologies have been
integrated into virtually every aspect of business and society. This integration is posing new
challenges for all of us in law enforcement.

Law enforcement agencies all over the world are seeing computers being used for criminal
behaviour in three ways:

First: A computer can be the target of an offence. When this occurs, the computers
confidentiality integrity or availability is attacked. That is the services or information are being
stolen or victim computers are being damaged.

Second: A computer can be used as a tool for committing criminal behaviour. This category
includes those crimes that we in law enforcement have been fighting in the physical world but
now we are seeing them with increasing frequency on the internet. These crimes includes child
pornography, fraud, intellectual property violations and sale of illegal substances and goods
online.

Third: A computer can be incidental to an offence, but still significant for our purposes as law
enforcement officials. e.g.: – paedophiles might store child pornography, and drug traffickers
and other criminals may store business contact information on their computers.

All three types of crimes involving computers are creating challenges not only to our nation but
also rest of the world.

In the United States various organisations are devoting significant resources to identify these
challenges and formulating a sound legal and policy framework in which to address them.

The needs and challenges confronting law enforcement are generally being divided into three
categories, these challenges created by cyberspace for law enforcement not only in US but
throughout the world.

1. Technical challenges
2. Legal challenges
3. Operational challenges
I. That hinder law enforcement’s ability to find and prosecute criminals operating
online.
II. Resulting from laws and legal tool needed to investigate cyber crime lagging behind
technological, structural, and social changes.

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 III. Operational challenges to ensure that we have created a network of well-trained,
well-equipped investigators and prosecutors who work together with
unprecedented speed even across national borders.

Legal implications of cyber space

1. From legal perspective, the term cyberspace and the concept quasi-physical territory is
helpful in attempting to analyse the issues included with computer communications.
2. The geographical locations where conduct occurs is one of the major factors
determining which country’s laws apply to activities.
3. The operation of global networks play little heed to national boundaries and one of the
arguments frequently mooted is that there is need for a new legal perspective and
regime in cyberspace.
4. In case of electronic commerce is sometimes made with the development of the
mercantile law, developed in middle ages – a body of law and courts developed and
administered by those, responsible for commercial transactions and which provided a
consistent legal basis from international trade for avoiding the vagaries and
discrepancies of national legal system.
5. Although there is a clear role of some form for industry imposed regulation as well as -
self- regulation – this technique leave unrepresented the vast number of individual who
deal with Internet Service Provider ( ISP) and the increasing number of organisations
offering goods or services over the internet.
6. To suggest that cyberspace is presently unregulated indeed, one of the problems
involved is a surfeit of regulation.
7. Laws relating to broadcasting media, data protection, evidence contract, tort,
defamation, intellectual property all have a role to play as provisions of civil and criminal
law too.
8. Indeed the inhabitants of cyber space may be, at least in theory, the most massively
regulated individuals in the world is that depending upon the nature of their activities ,
they may theoretically be subject to the jurisdiction of virtually all of the world’s legal
system.
9. Theory and practise are greatly divergent and the challenge of developing affective
mechanisms for law enforcement is substantially greater than that of identifying
relevant legal provisions.

 Section 66C ) whoever fraudulently or dishonestly makes use of the electronic

signature, password or any other unique identification feature of any other
person shall be punished with imprisonment of either description for a term
which may extend to 3 years and shall also be liable to fine may extend to rupees
one lakh.

Dr. Avinash Agnihotry V.Controller of certifying authorities and others appeal no. 4/2009 ( date
of decision ,May 28, 2010 ).

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  The YAHOO! Case
LICRA V YAHOO
La Ligue Contre Le Racisme El – L ‘ Antisemitism.
Yahoo( displayed and sold nazi propaganda) which was in english.
French 2 groups
1. Union of french law students
2. International league against Racism and anti- semitism.
Filed suit against Yahoo.
Yahoo agreed in french court , but the french court did not have jurisdiction.
$ 13000 per day.

Unit – 1 ( C )

Introduction: The general assembly of the United Nation resolved in dec, 1996 to create the
United Nation Commission on International Trade Law UNCITRAL with a mandate to promote
progressive harmonization and unification of the law of international trade.

Object: The object is to remove unnecessary obstacles to International trade caused by

inadequacies and divergences in the law affecting trade.

The mandate given to UNCITRAL enabled it to formulate :-

1. International conventions on the liability of operators of transport terminals in

international trade. (sale of goods on the carriage of goods by sea. )
2. On bill of exchange and international promissory notes.
3. On Independent Guarantees and stand-by letters of credits.
4. Model law (the unitary model laws on international commercial arbitration .)
5. On International Credit Transfers and Procurement of goods , construction and services.
6. The UNCITRAL Arbitration Rules, the UNCITRAL Cancellation Rules.
7. Legal guides (on construction contracts, counter trade transactions and electronic fund
transfers.

Report: The Secretariat of the commission prepared a report on “legal value of computer
records” and submitted it to the commission for its consideration.
The report came to the conclusion that the problems generated at the International level by the
data stored in the computers are less in numbers than might have expected.
The report based this argument on the basis of lesser number of litigation in this field.
The report revealed that the serious obstacle to the use of computers and computer to
computer existing tele – communication in International trade arose out of the existing
requirements of domestic laws that documents should be paper based or signed.

The commission after considering this report made following observations :-

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 1. The use of Automatic Data Processing ( ADP) across the globe in many phases is soon
going to be well established ( a. Domestic, international trade b. Administrative services)
(every work was paper based now it will be by ADP).
2. It will create legal insecurity and obstacle in the efficient use of Automatic Data
Processing.
3. There is a substantial difference in the rules of evidence, which apply paper-based
system of documentation.
4. The development in the use of Automatic Data Processing require adaptation of existing
rules to these developments.

There is a need to encourage the employment of such ADP means that would provide the same
or greater reliability as paper based documentation.

The commission then made following recommendation of the governments :-

1. To bring such changes in the existing rules as to make computer records admissible in
the court of law.
2. The rules framed should be consistent with the technology.
3. To enable the parties to have their transactions or trade related documents recorded
and transmitted in computer readable form.
4. To review legal requirements of authentication.
5. To review the existing legal provisions.

The above recommendations were adopted by the General Assembly by passing a resolution
urging Governments and International organisation to take action.

These recommendations of General Assembly did not bring any worthwhile change in the
domestic laws to remove mandatory requirements regarding the use of paper hand written
signature.

So many sessions have been passed after that the commission realised that with the increasing
growth of the electronic commerce it would be necessary to frame basic legal principles.

After an initial debate as to whether uniform legal rules should be called as Modal Statutory
Provisions or Modal Law the latter was preferred.

The object of the Modal Law, as delineated ( to describe, draw, explain in detail ) in the General
Assembly resolution, is to help states to modify their legislations governing the use of
alternatives to paper form methods of communication and inflaming similar legislation where
no such law is currently imposed and enforced.

The states were urged that when they enact new laws or reverse their laws a favourable
consideration be given to the Modal Law that will help to maintain uniformity of laws dealing
with electronic – commerce including storage of information at the global level.

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The electronic transactions like other parts of the globe are in vogue in India , however without
legal security.

The increasing growth of electronic – commerce popularly known as e-commerce made it

necessary to have legal protection to such transactions.

The Indian Parliament took a step of seminal( strongly influencing later development,
influential, original) importance by passing the information technology act 2000.

The Act has three objects :- that are,

1. To respond and give effect to the United Nations Call to all states to give favourable
considerations to Modal Law. When they enact or revise their laws so as to facilitate
harmonization of laws governing alternatives to paper based methods of
communication and storage of information.
2. To provide legal recognition for transactions carried out by means of electronic
communication, commonly known “e-commerce”. Which evolved the use of
alternatives to paper based methods of communication and storage information.
3. To facilitate electronic filing of documents with the government agencies so as to
promote efficient delivery of government services by means of reliable electronic
records.

Scope of the Act : 13 chapters , 94 sections , 4 schedules, 20 rules + regulations

 The existing laws were framed without envisaging the use of electronic means of
communication.
 Before the adoption of Modal law general feeling across the nations was that the
legal requirement of paper-based documentation and communication causes
hindrances in the use of modern means of communication.
 UNCITRAL had two extremes position to deal with –
1) One created by rigid legislations that do not encompass e-commerce.
2) By increasing use of transfer and storage of information by electronic means
throughout the world but without legal security.

The Modal law represents a compromise of these two extremes, by allowing states to adopt
their domestic legislations to developments in communication technology applicable to trade
law without necessitating the whole sole removal of paper based requirements or distributing
the legal concepts and approaches underlying those requirements.

A new approach called “ functional equivalent approach “ was suggested which is based on an
analysis of purposes and functions of traditional paper based requirements with a view to
determine how those purposes or functions could be fulfilled through e-commerce technique.

The courts while interpreting the I.T.ACT have to bear in mind that though the focus is on paper
less means of communication, it is not intended, save as otherwise expressly provided in the I.T
Act to alter fundamental doctrines and requirements of paper based communication.

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