You are on page 1of 11

Assignment TA

Subject - Cyberlaws & intellectual property rights Subject code MSIT 3F. marks 25

1. E commerce is becoming popular in almost all types of business. Justify with reasons why it is so? Discuss the impact of information technology revolution on society? Ans: e-Commerce popularity is growing because of the following reasons
1. Sellers do not have to incur cost in managing the retail stores and staff to manage the products, this benefit results in selling the products at much lower cost 2. Shopping on-Line is convenient as the products get delivered at door step and shopping from any place Impact of Information technology revolution is as below: Reduced costs by reducing labour, reduced paper work, reduced errors in keying in data, reduce post costs Reduced time. Shorter lead times for payment and return on investment in advertising, faster delivery of product Flexibility with efficiency. The ability to handle complex situations, product ranges and customer profiles without the situation becoming unmanageable. Improve relationships with trading partners. Improved communication between trading partners leads to enhanced long-term relationships. Lock in Customers. The closer you are to your customer and the more you work with them to change from normal business practices to best practice e-commerce the harder it is for a competitor to upset your customer relationship. New Markets. The Internet has the potential to expand your business into wider geographical locations. Data management: Cost of Data storage in electronic format is almost negligible and requires hardly any real estate space, Data retrieval for any kind of analysis is quicker thus resulting in quicker business decision Higher Market Penetration: information on the internet reaches any part of the world instantaneously

2.

The rapid development of information technology presents challenges to the law. Discuss why & enumerate the issues addressed by law.

3. Discuss the current forms of crime Ans : Privacy infringement: The integrity of the concerned computer
systems is violated or in other words trespassing

i. Economics offence: ii. Computer hacking: Computer hacking is when someone modifies
computer hardware or software in a way that alters the creator's original intent.

iii. Computer Espionage: it is an act of spying into others network and gain access to the sensitive information. iv. Software Piracy : Piracy is an act of reproducing or using original software without consent of the owner of the software, without buying or paying usage fee etc v. Computer sabotage and extortion :Act of manipulating working of the computer or network vi. Computer fraud: vii. Illegal and harmful contents : Virus is an example, viii. Attack on life : Computers used in hospitals or Military when manipulated might result in loss of life or health ix. Organized crime : x. Electronic warfare 4. Enter www.ftc.gov & http://nfic.inter.net/nfic & identify some of the typical types of frauds & scams on the internet. 4. What is Cyber Contract? Bring out the differences between online contract & regular contract. Cyber Contract: A legal contract between parties using the cyber medium covering e-commerce, e-services, and e-governance, and so forth, to operate in an online mode, is known as a cyber contract. Types of electronic Contracts Click-Wrap, Click-Through, or WebWrap contacts are electronic contacts that require the user to scroll through terms and conditions (or multiple Web pages on a Web site) and to expressly confirm the users agreement to the terms and conditions by taking some action, such as clicking on a button that states I Accept or I Agree or some similar statement, prior to being able to complete the transaction. Click-Through contracts are often found in software products or on Web sites. Browse-Wrap contracts are terms and conditions of use that to do not require the express agreement of a user. They are often located in software or are posted

on a Web site and may make some statement that indicates use of the software or Web site constitutes the users agreement to the terms. Often such terms may not have been brought to the attention of the user. Electronic Mail (e-mail), is a method of Electronic Mail (e-mail), is a method of sending an electronic message from one person to another using the Internet; it is a convenient method of time-delayed direct communication. While an e-mail may be a singular message, it also possesses the ability to form contracts. Consequently, e-mail is viewed as both a formal and informal Difference between online contract & regular contract

Assignment TB
Subject - Cyber laws & intellectual property rights Subject code MSIT 3F.

PART - A
1. What is E-Commerce?

a. Ans : In its simplest form ecommerce is the buying and selling of


products and services by businesses and consumers over the Internet. People use the term "ecommerce" to describe electronically managed Trade, payments happen over on the Internet in a secured manner on a real time.

2. What are the three main sources of law? 3. Three main sources of the law, namely, legislation, case law and custom "Legislation" is the formal enactment of law by the legislature created or authorized by the Constitution. Essentially, the process of codification or legislative enactment is the premise. It stands in contrast to judge made law; Legislation consists of leges scriptae (written laws), as contrasted with judge made law or common law (jus commune). Legislation also stands in contrast to customary law Common law comprises the body of principles, which derive their authority solely from the decisions of courts. It is a body of law that develops and derives through judicial decisions, as distinguished from legislative enactments. Its principles do not derive their validity from formal law making by anybody of persons, but from their enunciation through decisions of courts. Judicial decisions become a source of law by reason of the practice of courts (in Cyber Laws 10 common law jurisdictions), of accepting "precedent" as a source of law, that is, the established judicial practice that a court must follow the law laid down by a decision of the higher judiciary in the country or State and the law laid down by itself in an earlier judgment, if it is itself an organ of the higher judiciary. Custom (as a source of law) denotes a usage or practice of the people (including a particular social group or a group residing in a particular locality) which, by common adoption and acquiescence and by long and unvarying habit, has become compulsory and has acquired the force of law with respect to the place or subject matter to which it relates Legislation and case law can (subject to constitutional limitations) operate in any sphere of human activity, while the operation of custom is generally restricted to a particular locality, group or family 4. List the primary assumptions of a legal system. Primary assumptions of a legal system a) Sovereignty b) Territorial Enforcement c) Notion of property d) Paper based transactions and e) Real relationships 5. What is an injunction? What are the different types of injunctions?

An injunction is a preventive relief and is granted at the discretion of the court. The discretion of the court is not arbitrary but is guided by judicial principles. Different types of injunctions are

a. Temporary injunction: A temporary injunction is granted to continue


until a specified period of time or until the time the court orders its continuation. The injunction can be granted at any time of the suit and is governed by the Code of civil procedure. Permanent injunction: A permanent injunction is granted to prevent a breach of an obligation existing in favor of an applicant. A permanent injunction is granted by the court only after a hearing and on the merits of the case.

b.

6. Explain the digital signature.


A digital signature is an electronic signature that can be used to authenticate the identity of the sender of a message or the sender of a document, and possibly to ensure that the original content of the message or document that has been sent is unchanged. Digital signatures are easily transportable, cannot be imitated by someone else, and can be automatically time-stamped. The ability to ensure that the original signed message arrived means that the sender cannot easily repudiate it later.

6. List the different amendments to the Indian Penal Code 7. Judicial precedents are a Source of common law. (True/False) 8. Intellectual property rights are a monopoly granted to the owner/creator of the work only for a fixed period of time. (True/False) PART - B 1. Discuss the impact of the information technology revolution in society. One of the most significant outcomes of the progress of information technology is probably electronic commerce over the Internet, a new way of conducting business. Though only a few years old, it may radically alter economic activities and the social environment. Already, it affects such large sectors as communications, finance and retail trade and might expand to areas such as education and health services. It implies the seamless application of information and communication technology along the entire value chain of a business that is conducted electronically. 2. Business Models, Commerce and Market Structure One important way in which information technology is affecting work is by reducing the importance of distance In many industries, the geographic distribution of work is changing significantly. For instance, some software programs have found that they can overcome the tight local market for software

engineers by sending projects to India or other nations where the wages are much lower. Furthermore, such arrangements can take advantage of the time difference and critical projects can be worked on nearly around the clock. Firms can outsource their manufacturing to other nations and rely on telecommunications to keep marketing, R&D and distribution teams in close contact with the manufacturing groups. Thus the technology can enable a finer division of labour among countries, which in turn affects the relative demand for various skills in each nation The impact of information technology on the firms cost structure can be best illustrated on the electronic commerce example. The key areas of cost reduction when carrying out a sale via electronic commerce rather than in a traditional store involve physical establishment, order placement and execution, customer support, staffing, inventory carrying, and distribution. Although setting up and maintaining an e-commerce web site might be expensive, it is certainly less expensive to maintain such a storefront than a physical one because it is always open, can be accessed by millions around the globe, and has few variable costs, so that it can scale up to meet the demand. By maintaining one 'store' instead of several, duplicate inventory costs are eliminated. In addition, e-commerce is very effective at reducing the costs of attracting new customers, because advertising is typically cheaper than for other media and more targeted. Moreover, the electronic interface allows e-commerce merchants to check that an order is internally consistent and that the order, receipt, and invoice match. E-commerce also permits savings in inventory carrying costs. The faster the input can be ordered and delivered, the less the need for a large inventory a. Workplace and Labour Market

Computers and communication technologies allow individuals to communicate with one another in ways complementary to traditional face-to-face, telephonic, and written modes. They enable collaborative work involving distributed communities of actors who seldom, if ever, meet physically. These technologies utilize communication infrastructures that are both global and always up, thus enabling 24-hour activity and asynchronous as well as synchronous interactions among individuals, groups, and organizations. Social interaction in organizations will be affected by use of computers and communication technologies. That the importance of distance will be reduced by computers and communication technology also favors telecommuting, and thus, has implications for the residence patterns of the citizens. As workers and that they can do most of their work at home rather than in a centralized workplace, the demand for homes in climatically and physically attractive regions would increase b. Education

Advances in information technology will affect the craft of teaching by complementing rather than eliminating traditional classroom instruction. Indeed the effective instructor acts in a mixture of roles. In one role the instructor is a supplier of services to the students, who might be regarded as its customers Although distance learning has existed for some time, the Internet makes it possible for a large expansion in coverage and better delivery of instruction. Text can be combined with audio/video and students can interact in real time via e-mail and discussion groups. Such technical improvements coincide with a general demand for retraining and up skilling by those who, due to work and family demands, cannot attend traditional courses. Distance learning via the Internet is likely to complement existing schools for children and university students 2. State and discuss the primary assumptions of a legal system. 3. Discuss the different forms of computer crime. I. HACKING: Computer hacking is the practice of modifying computer
hardware and software to accomplish a goal outside of the creators original purpose. People who engage in computer hacking activities are often called hackers. DENIAL OF SERVICE ATTACK: A denial-of-service attack (DoS attack) or distributed denial-of-service attack (DDoS attack) is an attempt to make a computer resource unavailable to its intended users. Although the means to carry out, motives for, and targets of a DoS attack may vary, it generally consists of the concerted efforts of a person, or multiple people to prevent an Internet site or service from functioning efficiently or at all, temporarily or indefinitely VIRUS DISSEMINATION: A computer virus is a program that can infect other legitimate programs by modifying them to include a possibly evolved copy of it. Viruses can spread themselves, without the knowledge or permission of the users, to potentially large numbers of programs on many machines. A computer virus passes from computer to computer like a biological virus passes from person to person. Viruses can also contain instructions that cause damage or annoyance; the combination of possibly damaging code with the ability to spread is what makes viruses a considerable concern SOFTWARE PIRACY: Theft of software through the illegal copying of genuine programs or the counterfeiting and distribution of products intended to pass for the original is termed as termed as software piracy. PORNOGRAPHY : pornography means any visual depiction, including a. any photograph b. film, video, picture, or c. computer or computer-generated image or picture, of sexually explicit conduct, where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct

II.

III.

IV. V.

VI.

On line FRAUD: Fraudsters create authentic looking websites that are actually nothing but a spoof. The purpose of these websites is to make the user enter personal information. This information is then used to access business and bank accounts. Fraudsters are increasingly turning to email to generate traffic to these websites. A lot of customers of financial

VII.

institutions recently received such emails. Such emails usually contain a link to a spoof website and mislead users to enter User ids and passwords on the pretence that security details can be updated, or passwords changed. SPOOFING: Spoofing means a hacker logs-in to a computer illegally using a different identity than his own. He is able to do this by having previously obtained actual password, He creates a new identity by fooling the computer into thinking he is the genuine system operator and then takes control of the system.

4. Discuss the policy approaches to privacy issues. ??? 5. What are the evidentiary presumptions of a secured electronic document? Explain the process of encryption and decryption of data. Evidentiary presumptions: Evidentiary presumptions in relation to electronic documents signed with secure electronic signatures, including regulations respecting The association of secure electronic signatures with persons; The integrity of information contained in electronic documents signed with secure electronic signatures; and The manner in which the matters referred to in paragraphs (a) and (b) may be proved Encryption and decryption: Encryption is the conversion of data into a form, called a cipher text, which cannot be easily understood by unauthorized people. Decryption is the process of converting encrypted data back into its original form, so it can be understood. In order to easily recover the contents of an encrypted signal, the correct decryption key is required. The key is an algorithm that undoes the work of the encryption algorithm 6. Write short notes on: i) Copy rights ii) Patents. iii) Trademarks. 7. Explain the U.S. Safe Harbor Principle. How does the adoption of the Safe Harbor Principle by Indian companies addresses the concerns regarding the Privacy? 8. What is domain name? What is procedure for the registration of a domain name?

******

Patent Patent is for an invention or a creation that has impact on Society Patent needs to be applied

Copy Right Trade Marks Material or a document of one creation It is automatic, no body

and only after due diligence it is granted Patient owner owns it for 20 years from the day it is granted

governs this

Copyright is provided for the life time of the author plus 60yrs from the time it is created Owner of the Patient can Copyright owner gets sell the rights of usage for a royalty whenever the specific fees called as contents are reproduced Royalty either for a definite period or for ever After 20 yrs the Patent is in public domain for further usage and extension Patent owner gets money in order to recover his investment or invest further in R&D etc
The enforcement of rights is through civil and criminal remedies. The enforcement of rights is through civil and criminal remedies.

Part A 1. Web-commerce is the new mantra of business. Explain. a. Commerce means trade, trade completed over internet or with help of internet is referred as e-Commerce, e-Commerce is popular because of ease of use , cost effective and wider reach 2. What is the impact of information technology revolution on the society? a. IT Revolution has positive and negative impact and IT is integral part of ones life and cannot live without that. b. Positive impact: Geographies and boundaries have no meaning anymore, consumers are provided with the details upfront and shop at their convenience c. Cost of a product sold over internet cost less as there are no overheads d. For a vendor money is immediately transferred to his account with out any delay e. Information is in abundance on internet and it is one stop solution for every thing f. Education has huge advantage as virtual class rooms and sessions are made possible g. Disadvantages i. Privacy infringement ii. Treat of computer fraud

iii. Stealing of sensitive information and possible misuse iv. etc 3. What is digital signature certificate? When is it issued? a. Digital signature is a means of telling the recipient that the person is who is indeed intended to be and the contents are safe and authentic b. Digital signatures are provided to individuals or the organizations by a central body after verifying the hardware / software, security measures taken to protect the content from being misused during transit c. Digital certificates are issued when the nature of transaction needs to be secured such as e-commerce trade etc d. Private key corresponds to Public key to be listed in digital signature certificate and verifiable 4. Write a note on nature of internet 5. What are the features of internet? 6. List the sources of law a. Legislative Law enacted by Parliament or assembly b. Case Law / Common Law based on the judgment passed by higher judiciary c. Custom law Traditional practices in a restricted area or a community or family, this is also called as un-codified law 7. List the branches of law a. Procedural law it lays down the procedures as how a case needs to be handled b. Substantive law it basically deals in implementation of law 8. What are the primary assumptions of the legal system? a. Sovereignty b. Territorial enforcement c. Notion of property d. Paper based transaction e. Real relationship 9. What is the cyber crime, explain a. Any kind of unlawful activity over internet is called as Cyber crime 10. What is P3P? Explain its significance a. P3P means Privacy Preferences project, It basically empowers a internet user to define his privacy policies and to be used whenever he visits a web site the privacy policies of user and the web site are compared and in case of any discrepancy then the user is alerted and allowed to take a decision as to proceed. Eg : downloading of cookies, display of Pop up etc 11. What is WIPO stand for? What is its role? a. WIPO stands for World Intellectual Property Organization, it is an Apex body which oversees the law enforcement / definition in order to protect the interest of the creators in the area of scientific, literature, Medicine etc 12. Discuss computer Espionage 5 a. Espionage means privacy intrusion explain what ever 13. Digitalization has rapidly transformed the ways of accessing and using the information comment on the statement. 5

14. Distinguish between common law and confined law. 2 a. Common law is the law that is nothing a law based on the pounced judgments of higher judiciary while confined law is nothing but custom law which is practiced by limited number of people in restricted geography 15. What is computer hacking? 3 16. What are the factors around which the value of information revolves? 3 a. Persons concerns and commitment b. Persons capability c. Availability of information of resource to the person d. Availability of information of resource to the person affected e. Time f. Resource integrity 17. What is E-Business? 2 18. What are the remedies available for the breach of contract? 3 a. Damages : Party who breaches the contract has to pay the party who is suffered loss, if the contract already captures the liability and there same is paid else courts can step in and increase of decrease the liability amount depending on merits b. Specific performance of contract: Party who breached the contract will have to perform the very basic obligation of the contract c. Injunction: It is a Preventive relief granted in favor of the applicant & at the discretion of the courts but within the framework of law, there are 2 types of Injunction i. Temporary Injunction : it is provided without a hearing until such time court decides to continue with the case ii. Permanent injunction : it is granted after going thru the merits and de-merits of the case 19. Give the classification of crimes under IPC. a. Offence against body b. Offence Marriage c. Offence against State d. Offence against Public Tranquility e. Offence against property 20. A copyright is the best way of protecting a database True 21. Agreement entered into by minors is valid. False 22. Inventions are protected by patents True 23. In the interest, the term nearby connotes logical proximity, not physical proximity True 24. A trademark enables goods and securities to be recognized and sought for irrespective of the origin of goods True 25. Judicial precedents are a Source of common law. True 26. Intellectual property rights are a monopoly granted to the owner/creator of the Work only for a fixed period of time.(True/False) True