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SEMESTER-III [CBCS]

B. Com./II Year-2018
Cyber Crimes and Laws
Duration:3Hours Paper Code:1236 Maximum Marks:75
Attempt all questions. All questions carry equal marks.
of cyber crimes. What are
O.1. (a) Discuss in brief the various categories 9
various consequences of cyber crimes 1
Rights (IPR) and
(b) Differentiate between Intellectual Property
6
Copyright issues.
Or
solutions
(a) What is Cyber Security' ? What are major security threats and
9
related to it?
6
(b) Write short notes on the following:
() Cyber Forensic
Gi) Cyber Stalking
Ans. () See Q. 1(a), Page 121.
trademark and
(b) Intellectual property umbrella consists of copyright,
collection ofrights that
patent law, i,e.,intellectual rights refer is
property a
and trademark.
includes copyright among other rights such as patent
make copies, licence, and otherwise
Copyright refers to be exclusive right to
work, whether printed, audio, video, etc.
exploit a literary, musical or artisticIntellectual
According to the World Property Organisation WIPO,WIPo,
"Intellectual property refers to creations of the mind, such as inventions; literary
commerce."
of artistic works;designs; and symbols, names, and images used in otherwise
So, it is ablanket term for a variety of assets created by the mind
clarified as intangible property.
Copyright, then, is the protection extended to the creator of an original work.
It provides the sole rights to the use and distribution of the work and normally
ends after a specific period of time. After the time is up, the copyright can be
renewed, or the work will pass into the public domain where it legally may be
used without giving notice of the original creator and without the need for

recompense to the former owner.

Or
(a) See Q. 3(6), Page 142.
(b() See Q. 2(), Page 129.
ii) See Q 1(a), Page 105.
Q.2. (a) Describe the objectives and scope of IT Act, 2000. 6+6 9
b) What is 'encryption'? What are advantages of encryption?
Or
(a) What is the Data Security ? Explain the different methods of protection
of computer data. 9
(b) Name the instruments or documents to which IT Act, 2000 does not
6
apply.

(169)
170 SATISH: B. Com./1I Year (SEMESTER-III]/Paper BC 3.4 (b) [CBCS]

Ans. (a) See Q. 2(b), Page 133.


(b) See Q. 201), Page 24.
Or
(a) See Q. 1(b), Page 124. features of the IT Act, 2000, there are
6) Despite the overwhelming positive not apply. These are as
some documents or transactions
to which this act does

follows defined in section 13


1. Anegotiable instrument (other cheque)
than a as

of the Negotiable Instrument Act,


1881 (26 of 1881).
in section 1A of the Powers-of
2. A power-of-attorrey as defined
Attorney Act, 1882 (7 of 1882).
A trust as defined in section 3 of the Indian Trust Act, 1882 (2 of 1882).
3.
4. A will as (h) of section 2 of the Indian Succession
defined in clause
Act, 1925 (39 of 1925), including any other testamentary disposition by
whatever name called.
5. Any contract for the sale or conveyance of immovable property or any
5.
interest in such property.
Q.3. (a) How does the Information Technology Act 2000 enable the objective of
Government in spreading e-governance?
(b) Briefly explain the following:
(i) Secure electronic records
(i) Secure electronic signature
Or
(a) Describe the E-governance initiatives in India. 9
(b) Explain the provisions as laid down under the IT Act in relation to the
6
following:
() Attribution of electronic records
(ii) Acknowledgement of receipt of electronic records.
Ans. (a) See Q. 5(a), Page 155.
(b) Secure electronic records
Legal recognition of electronic records-Where any law provides that
information or any other matter shall be in writing or in the typewritten or
printed form, then, notwithstanding anything contained in such law, such
requirement shall be deemed to have been satisied if such information or matter
is
() Rendered or made available in an electronic form; and
(b) Accessible so as to be usable for a subsequent reference.
Explanation-For the purposes of this section, "signed", with its
grammatical variations and cognate expressions, shall, with reference to a
person, mean affixing of his hand written signature or any mark on any
document end the expression "signature" sha1l be construed according.
Use of electronic records and digital signatures in Government and its
agencies
() Where any law provides for-
(a) The filing of any form, application or any other document with any
office, authority, body or agency owned or controlled by the
appropriate Government in a particular manner
The issue or grant of any license, permit, sanction or approval by
(b)
whatever name called in a particular manner;
(c) The receipt or payment of money in a particular manner, then
notwithstanding anything contained in any other law for the time
being in force, such requirement shall be deemed to have been
satisfied if such filing, issue, grant, receipt or payment, as the case
may be, is effected means of such electronic form as may be by
prescribed by the aPpropriate Government.
of sub-section (1), by
(i) The appropriate Government may, for the purposes
rules, prescribe-
The manner and format in which such electronic records shall be filed,
(a)
created or issued; method of of any fee or charges for filing
(6) The manner or payment
creation or issue any electronic record under clause (a).
security procedure has been applied to an
To conclude, where any shall be
point time, then such record
electronic record at a specific of
from such point of time to the
to be a electronic record
deemed secure

time of verification.

(ii) Secure electronic signature


by the concerned
procedure agreed to
IE, by application of a security at the time it w a s
it c a n be verified that a digital signature,
parties,
affixed was-
subscribe affixing it.
(i) unique to the such subscribes.
(ii) capable of identifying means under the exclusive control of
m a n n e r o r using a
(in) created in a to which it relates
subscribe and is linked to the electronic record
the
electronic record was altered the digital
such m a n n e r that of the
in a shail be
would be invalidated then such digital signatures
signature
deemed to be a secure digital signature.
Or
initiatives in India
(a) E-governance initiatives are:
Some of the recent e-governance d i s b u r s e m e n t s of Govt.
entitlements
cash transfer: To facilitate
Direct
1. handicapped and old age
NREGA, Social security pension,
like Aadhaar and
central or state Govt.
bodies using
pension etc. of any
UIDAI.
authentication thereof as supported by basic
The four Aadhaar enabled
payment system:
2. Aadhaar enabled transactions are as follows:
types ofbanking
(a) Balance enquiry
(b) Cash withdrawal

(c) Cash deposit


funds transfer
Aadhaar to Aadhaar has been envisaged by
(d) This program
Digital India program:
3.
AIISH: B. Com. /II Year [SEMESTER-II1] / PaperBC3.4 (b) [CBCS]|

Department of Electronics and Information Technology (Deity). It


aims to transform the country into a digitally empowered society and
knowledge economy.
4. E-Kranti Scheme : This is project for linking the internet with remote
villages in the country. This scheme will broaden the reach of internet
services to the rural areas in the country
5. M-governance: M-governance is the use of mobile or wireless to
improve governance services and information "anytime, anywhere"
It has potential of using mobile phones as input devices in certain
areas where last mile connectivity becomes issues for simple data
inputs of critical importance for decision making in government
departments.
6. Digital cloud for every Indian: Certificates issued by the govt.-
education, residential, medical records, birth certificates etc.-are to be
stored in individual 'digital lockers' and a communication protocol
established for govt. departments to access them without physically
having to see the hard copy.
7. MyGov citizen portal: Prime Minister launched an online platform
mygov.nic.in to engage citizens in the task of "good governance".
MyGov is a technology driven platform that would provide people
with the opportunity to contribute towards good governance.
(b) 1. Attribution of electronic records-An electronic record shall be
attributed to the originator
(a) if it was sent by the originator himself;
(b) by a person who had the authority to act on behalf of the originator in
respect of that electronic record; or,
(c) by an information system programmed by or on behalf of the
originator to operate automatically.
2. Acknowledgement of receipt-() Where the originator has not agreed
with the addressee that the acknowledgemernt of receipt of electronic record be
given in a particular form or by a particular method, an acknowledgement may
be given by-
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator
that the electronic record has been received.
(i) Where the originator has stipulated that the electronic record shall be
binding only on receipt of an acknowledgement or such electronic record by him,
then unless acknowledgement has been so received, the electronic record shall be
deemed to have been never sent by the originator.

(ii) Where the originator has not stipulated that the electronic record shall be
binding only on receipt of such acknowledgement, and the acknowledgement
if
has not been received by the originator within the time specified or agreed or,
no time has been specified or agreed to within a reasonable time, then the
has
originator may give notice to the addressee sating that no acknowledgement
and specifying reasonable time by which the
been received by him
is
acknowledgment must be received by him and if no acknowledgement
Laws-2018 173
Cyber Crimes and
to the
aforesaid time limit he may after giving notice
eived within the
electronic record as it has n e v e r been sent.
though
t addressee, treat the Tribunal (AT). Explain
Discuss the procedure and powers of Appellate
d 0.4. (a) made to the Appellate Tribunal. 9
the provisions regarding the appeal
for
means ? Explain the punishment
(b) What does the term Privacy'
violation of privacy'.
Or
the provisions to be followed by Certifying Authority for
(a) What are
Certificate under
issue, suspension and revocation of Digital Signature 9
IT Act? constituted ? 6
(b) Under IT Act, how the Appellate Tribunal be
can

Ans. (a) See Q. 2(a), Page 137.


dimensional concept. In modern society,
The right to privacy is a multi
(6) and in c o m m o n
both in the eye of the law
right to privacy has been recognized to of the
parlance. Article 21 protects the right privacy and promotes the dignity
individual individual to control the
of
right to privacy refers to the specific right
an
The
information. Personal information
collection, use and disclosure of personal
habits and activities, family records,
could be in the form of personal interests,
mail and telephone) records,
educational records, communications (including
a few.
medical records and financial records, to n a m e
(Inserted Vide ITAA
ISection 66E] Punishment for violation of privacy.
or transmits the
2008)-Whoever, intentionally or knowingly captures, publishes
without his or her consent, under
image of a private a r e a of any personthat with
circumstances violating the privacy of person, shall be punished
or with fine not exceeding two
imprisonment which may extend to three years
lakh rupees, or with both. Explanation-For the purposes
of this section:
send a visual the intent
image with
(a) "transmit" means to electronically
that it be viewed by a person or persons;
"capture", with respect to an image, means to videotape, photograph,
(b film or record by any means;
(c)"private area" means the naked or undergarment clad genitals, pubic
area, buttocks or female breast;
reproduction in the printed or electronic form an
(d) "publishes" means
making it available for public;
"under circumstances violating privacy" means circumstances in
(e)
which a person can have a reasonable expectation that
() he or she could disrobe in privacy, without being concerned that
an image of his private area was being captured; or,
i) any part of his or her private area would not be visible to the
public, regardless of whether that person is in a public or private
place.
Or
(a) See Q. 4(0), Page 145.
137.
(b) See Q. 2(a), Page

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