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Cyber Crime and Laws

Prepared by : Gaurav Singhal
Lecturer, Govt. Engineering College, Bilaspur
E-mail : gauravsinghalit@gmail.com

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Content

 What is Cyber Law?
 Need for Cyber Law
 Emergence of Cyber Space
 Cyber Jurisprudence
 Consensual knowledge - Jurisdictional Paradigm

s:
 Cyber Space Doctrinaire
 Cyber Ethics
 Cyber Jurisdiction
 Hierarchy of Courts
 Web Space
 Web Development Agreement
 Domain Names
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering
College, Bilaspur

What is Cyber Law?
Cyber Law is the law governing cyber space. Cyber

space is a very wide term and includes computers,
networks, software, data storage devices (such as
hard disks, USB disks etc), the Internet, websites,
emails and even electronic devices such as cell
phones, ATM machines etc.
Law encompasses the rules of conduct:
1. that have been approved by the government,
and
2. which are in force over a certain territory, and
3. which must be obeyed by all persons on that
territory.
Violation of these rules could lead to government
action such as imprisonment or fine or an order to
pay compensation.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

4 Cyber Crime and Laws. Lecturer Govt. Cyber crimes are unlawful acts where the computer is used either as a tool or a target or both. Prepared by Gaurav Singhal. Bilaspur . Data Protection and Privacy. Intellectual Property 4. Cyber Crimes 2. Engineering College. Electronic and Digital Signatures 3. The enormous growth in electronic commerce (ecommerce) and online share trading has led to a phenomenal spurt in incidents of cyber crime.Cyber law encompasses laws relating to: 1.

Lecturer Govt. 5 Cyber Crime and Laws. Engineering College. Some of these are discussed below.Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law. 1. Prepared by Gaurav Singhal. Bilaspur .Need for Cyber Law There are various reasons why it is extremely difficult for conventional law to cope with cyberspace. A person in India could break into a bank’s electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank in Switzerland. Cyberspace has complete disrespect for jurisdictional boundaries. all within minutes. All he would need is a laptop computer and a cell phone. 2.

millions of websites are being accessed every minute and billions of dollars are electronically transferred around the world by banks every day. 6 Cyber Crime and Laws. Cyberspace offers enormous potential for anonymity to its members. Lecturer Govt. Cyberspace offers never-seen-before economic efficiency. 6. Billions of dollars worth of software can be traded over the Internet without the need for any government licenses. Prepared by Gaurav Singhal. Cyberspace handles gigantic traffic volumes every second. 4.3. Readily available encryption software and steganographic tools that seamlessly hide information within image and sound files ensure the confidentiality of information exchanged between cyber-citizens. Cyberspace is absolutely open to participation by all. Bilaspur . Billions of emails are crisscrossing the globe even as we read this. 5. shipping and handling charges and without paying any customs duty. Engineering College.

Here the “original” information. It is characterized by extreme mobility. Prepared by Gaurav Singhal. books. A software source code worth crores of rupees or a movie can be pirated across the globe within hours of their release. inconspicuously and often via telecommunication facilities. floppy disks) is easily covered by traditional penal provisions. However. 7 Cyber Crime and Laws. Lecturer Govt. 8. Electronic information has become the main object of cyber crime. Bilaspur . so to say. International computer networks can transfer huge amounts of data around the globe in a matter of seconds. Engineering College. which exceeds by far the mobility of persons. goods or other services. papers. remains in the “possession” of the “owner” and yet information gets stolen. Theft of corporeal information (e. CD ROMs.7.g. the problem begins when electronic records are copied quickly. 9.

Perhaps alternatively we should be asking ourselves 'what are they escaping from'? When people are absorb in browsing the World Wide Web perhaps we should enquire as to where they think they are. his reply was simple. Bilaspur . Engineering College. When I recently asked such a question of a twelve-year boy. 'in an aeroplane approaching Gatwick airport'. complete with weather conditions. To him the game had its own a reality and he was part of that reality. his reply was "in Cyberspace". When he successfully landed this turned to relief and exhilaration. 8 Cyber Crime and Laws. When people utter these phrases where do they think they are going or what do they think they are getting into. anxiety and fear.  "I'm just going onto the Internet' or 'I need to get onto the Internet' are phrases often heard these days. I asked him where he thought this place was. He explained later that he flew with other pilots at special sites on the Internet where major airports had been replicated virtually. Lecturer Govt. Prepared by Gaurav Singhal. His whole physical demeanour showed signs of concentration. who was totally absorbed in landing a Boeing 737 on his PC using a popular flight simulation game. in which online communication takes place.Emergence of Cyber Space  Cyberspace is the electronic medium of computer networks. air traffic control and other piloted aircraft.

It touches on how people will construct new topologies of space for themselves and others.  The idea of Cyberspace encompasses more than just the Internet and WWW we know today. His first book. through his potent imagination and highly poetic writing. never claimed to have invented Cyberspace or even to know much about computers. In the fifteen years since Gibson wrote his book we have seen the arrival of the Internet and World Wide Web into offices and peoples home and the maturing of the information society. William Gibson. the author who coined the term. The term 'Cyberspace' originated in science fiction to designate an immersive electronic space. So understanding the formal properties of Cyberspace is critical for understanding the underlying principles of tomorrow's society. 9 Cyber Crime and Laws. Neuromancer. he created a myth for Cyberspace: the myth of the mean-streets cowboy who hustles and rustles data from under the noses of the corporations who own us. and most importantly how they themselves will relate to it. how they will use the new information technologies. Prepared by Gaurav Singhal. Gibson manages to convey vividly the texture of virtual reality years before it happened. More than that. Lecturer Govt. one of the most influential science fiction novels of the 1980's. Engineering College. was written on an old portable typewriter. However. Bilaspur .

whereas it is simply a network linking computers together. Lecturer Govt. Bilaspur . Cyberspace is actually that notional 'space' where transactions on the Internet take place. virtual reality environments are commonly considered as Cyberspace. Engineering College. the more dependent we grow on the mediating technology. It all adds up to an existential sprawl so vast and ubiquitous as to seem unmistakably 'real'. Prepared by Gaurav Singhal. The irony. the essential point about the Internet is precisely its growing invisibility. A telephone call can be thought of as simply a virtual meeting in Cyberspace. digital delivery systems. satellite uplinks. Cyberspace is the information space of modern society. and receivers of the global media. Likewise. It pulses with blasts from the sophisticated production studios. It is the society of the spectacular. It is the total communications space that saturates our lives. Despite the steady hyperbole about how networked virtual worlds will render the mental landscape of our electronic culture uniquely visible. of course. But Cyberspace is composed of far more than the much-hyped Internet or new virtual worlds. Many people mistake the Internet for Cyberspace. 10 Cyber Crime and Laws. is that the more 'wired' we become as a society.

tactile ways that allow people to reconfigure relationships easily. this new electronic environment represents a cultural phenomenon as well as a technical one.  So Cyberspace allows us to conceptualise and visualise things in new ways. The Internet has fostered new ways of structuring organisations and bringing people together. Bilaspur . In Cyberspace new structures and methodologies are conceived of in more flexible. spaces acquire their own unique dynamics. As the Internet continues to grow. and is fast become a convergence point for many disciplines. In very complex systems. But its roots go deeper. electronically mediated environments will expand and 'physical place' will become less important. Engineering College. Lecturer Govt. Prepared by Gaurav Singhal. Cyberspace refers to the emulation of 11 physical space in electronic environments. from communication engineers to software designers. as they require extremely high dimensions to be described. Mathematicians use the term 'space' to describe complex systems. Cyber Crime and Laws. Many complexity theorists describe Cyberspace as an emergent phenomenon whose properties transcend the sum of its component parts. without the constraints of the physical world. artists and psychologists. For many individuals. Cyberspace is therefore a place outside physical space.

1. Case Law 12 Cyber Crime and Laws. Prepared by Gaurav Singhal.Cyber Jurisprudence Jurisprudence of Cyber Law Jurisprudence studies the concepts of law and the effect of social norms and regulations on the development of law. Bilaspur . Lecturer Govt. Jurisprudence refers to two different things. Engineering College. or legal theory 2. The philosophy of law.

What is law and legal system? 2. Is there a duty to obey the law? 11. and what sort of punishments should be permitted? 8. Does every society have a legal system? 5. Bilaspur . What is the relationship between law and justice or morality? 4. What is justice? 9.  Legal theory studies questions such as: 1. Lecturer Govt. Engineering College. What is the proper function of law? 7. Prepared by Gaurav Singhal. What sort of acts should be subject to punishment. What value does the rule of law have? 13 Cyber Crime and Laws. How should we understand concepts like legal rights and legal obligations or duties? 6. What is the relationship between law and power? 3.e. those attributes common to all legal systems. India or Canada) but studies law in general i. What rights do we have? 10. Legal theory does not study the characteristics of law in a particular country (e.g.

Engineering College.Case law is the law that is established through the decisions of the courts and other officials. 14 Cyber Crime and Laws. Bilaspur . The interpretation of the Courts helps clarify the real objectives and meaning of such laws. Prepared by Gaurav Singhal. Case law assumes even greater significance when the wordings of a particular law are ambiguous. Lecturer Govt.

Y residing in USA. should the cyber space be taken as a place. but in cyber space there are neither mountains nor trees. 15 Cyber Crime and Laws. Engineering College.  Traditionally the questions of jurisdiction are resolved under the assumption that the mountains and trees will not change their place. Bilaspur . a means of communication or a technological state of mind.  To put the questions of cyber jurisdiction more simply. Y has come to India? What is the case if Mr. Lecturer Govt. the quest to resolve would lead to the crystallization of cyber space. Prepared by Gaurav Singhal. has purchased an online book offered by Mr. X went to USA or shall we treat it as if Mr. let us assume that Mr. X who resides in India. How this transaction should be viewed shall we consider the issue as if Mr. Every thing in cyber space is variable and nothing is constant. is itself debatable. X downloads the entire book through net? Would this make any difference with the previous issue etc appears to be mere technical issues of jurisdiction but these questions have some substantial jurisprudential significance.Consensual knowledge Jurisdictional Paradigms:  The questions relating to jurisdiction in cyber space are complex because the question how law should view the ‘cyber space’. in either case the reach of the space cannot be measured in terms of length and breadth.

Bilaspur . Prepared by Gaurav Singhal. For instance.h. while driving his scooter at 60 km.h. Lecturer Govt. ‘X’. Mr. knocked down ‘L’. Mr.p. the requirement for repeating all those combinations is not needed. ‘Y’ went against ‘X’ to the Calcutta High Court seeking compensation.000 Rs/. 15. ‘A’. court in this case resolved in favor of ‘Y’ and asked ‘X’ to pay compensation of worth Rs.as compensation. while driving his car at 90 km.h knocked down ‘B’ a pedestrian. Legislation cannot create doctrine it can hardly recognize them. different circumstances and different amounts of compensations. Doctrines are like formulae in pure sciences. against different parties.Cyber Space Doctrinaire  Doctrines form part of jurisprudential study of any subject. Cyber Crime and Laws. For example: let us examine the following different instances: Mr. speed of the vehicle might have come but still the criterion adopted is financial loss and physical damage. all the cases are decided by different courts in different times by different judges. Engineering College. Doctrines originate from the judicial pronouncements. knocked down ‘Y’ a pedestrian.000/. ‘S’. we simply substitute the variables in the formula and resolve the problem which eventually reduces the labour and consumption of time. For bringing out this mathematical and chemical formulae Scientists might have made innumerable number of attempts on different combinations but once they are evolved. negligence of the driver and the speed of the vehicle at the time of meeting with accident". that is " the quantum compensation in motor vehicle accidents should be evaluated from point of the medical expenses and financial loss sustained. irrespective of gigantic structure of the vehicle which caused injuries. Similarly in case of Chemistry H2+OÞ H2O. to know end result of the product of the sum of two variables. There is a dire need for the      16 growth of doctrines in cyber law.p.00. like (a + b) 2 = a2+2ab+b2.p. court ruled in favor of ‘L’ and awarded him compensation of worth 1.000 Rs/. In all these cases the arguments about the hugeness of the vehicle. If we analyze the given situations. Similarly. to apply a legal doctrine to a given instance would be like substitution of facts into doctrine. but still a common philosophy can be expounded. ‘L’ went against ‘S’ to the High Court of Punjab seeking compensation. in development of doctrines judicial pronouncements would do a lot. ‘B’ filed a case in Delhi High Court for compensation – court gave its judgment in favor of ‘B’ asking ‘A’ to pay 50. while towing his moped at 5 km.

but the consequences can be significantly different. Prepared by Gaurav Singhal. gossiping on the Internet can reach a far wider audience. etc.” -. and how this affects individuals and society. encompassing user behavior and what networked computers are programmed to do. For example. movies. months or years and cause tremendous harm.” and “Do not harm others. Lecturer Govt. Just as we are taught to act responsibly in everyday life. The “words” are not forgotten the next day. but may live on the Internet for days. However. books. Examples of cyberethical questions include "Is it OK to display personal information about others on the Internet (such as their online status or their present location via GPS)? "Should users be protected from false information?" "Who owns digital data (such as music.we must act responsibly in the cyber world as well. 17 Cyber Crime and Laws. verbal gossiping is generally limited to the immediate audience (those within earshot) and may well be forgotten the next day. Bilaspur . web pages.  Cyber ethics is the study of ethics pertaining to computer networks.) and what should users be allowed to do with it?" "How much access should there be to gambling and porn online?" "Is access to the Internet a basic right that everyone should have?"  What are Responsible Behaviours on the Internet? Responsible behaviour on the Internet in many ways aligns with acceptable behaviour in everyday life. with lessons such as “Don’t take what doesn’t belong to you.Cyber Ethics  Cyber ethics refers to the code of responsible behavior on the Internet. Engineering College.

· Do not break into someone else’s computer. Some people try to hide behind a false sense of anonymity on the Internet. Prepared by Gaurav Singhal. · Do not copy information from the Internet and claim it as yours. · Do not use someone else’s password. or music from the Internet. Engineering College. Computers. believing that it does not matter if they behave badly online because no one knows who they are or how to identify them. and Internet service providers may keep logs of their activities which can be used to identify illegal or inappropriate behavior. games. browsers. Bilaspur . movies. Lecturer Govt. send embarrassing pictures of them. 18 Cyber Crime and Laws. · Do not attempt to infect or in any way try to make someone else’s computer unusable. · Adhere to copyright restrictions when downloading material including software. consider the following: · Do not use rude or offensive language. Do not call people names.  The basic rule is do not do something in cyber space that you would consider wrong or illegal in everyday life. When determining responsible behaviours. lie about them. That is called plagiarism. or do anything else to try to hurt them. · Don’t be a bully on the Internet. That is not always true.

Lecturer Govt.2 Digital Rights Management (DRM)  3 Security  4 Accuracy  5 Accessibility.2  5.1 Private Data Collection  2 Property  2. Censorship and Filtering  5. Engineering College.Cyber Ethics  1 Privacy  1. Bilaspur . Prepared by Gaurav Singhal.1  5.3  5.1 Intellectual Property Rights  2.4 Freedom of Information Digital Divide Sexuality and Pornography Gambling  6 Organizations Related to Cyberethics  7 Codes of Ethics in Computing 19 Cyber Crime and Laws.

defines three kinds of power: the power to prescribe. The developing law of jurisdiction must address whether a particular event in cyber space is controlled by the laws of the state or country where the website is located. In practice. Bilaspur . or perhaps by all of these laws. Engineering College.Cyber Jurisdiction  Jurisdiction. 20 Cyber Crime and Laws.  The internet may be seen as multi–jurisdictional because of the ease which a user may access a website anywhere in the world. regulations. Prepared by Gaurav Singhal. to the power of the courts to hear disputes. especially civil disputes. Lecturer Govt. It may even be viewed as a jurisdictional in the sense that from the users perspective state and national border are essentially transparent. to the power of a government to compel compliance or to punish noncompliance with its laws. by the laws of the state or country where the internet service provider is located by the laws of the state or country where the user is located. Commentators have voiced the notion that cyber space must be treated as a separate jurisdiction. of course. this view has not been supported by the courts or addressed by law makers. and the power to enforce. The first of these relates principally to the power of a government to establish and prescribe criminal and regulatory sanctions.9 the second. the power to adjudicate. and judgments. orders. and the third.

between the regulating nation (the forum) and the crime or criminal. In the few cases the courts have adjudicated they have applied long term statutes and personal jurisdiction principles in making decisions. the courts must address the question of which law– makers has jurisdiction over actions taking place on the internet. Bilaspur . In cyber jurisdiction. 21 Cyber Crime and Laws. Prepared by Gaurav Singhal. Lecturer Govt. there must be some connection. In order for a national court to adjudicate criminal and regulatory sanctions internationally. Engineering College. For instance in cyber laws there are only a limited number of cases on point and no major statutory scheme on the books. or nexus.The two main areas of cyber law requiring further clarification are cyber crime and jurisdiction.

4. Lecturer Govt. The universality nexus holds that a court has jurisdiction over certain offenses that are recognized by the community of nations as being of universal concern. 3. The protective nexus provides for jurisdiction when a national or international interest of the forum is injured by the offender. attacks on or the hijacking of aircraft. 1. 2. Bilaspur . genocide. including piracy. war crimes. The territoriality nexus holds that the place where an offense is committed-in whole or in part-determines jurisdiction. the slave trade. Engineering College. Four nexuses have been invoked by courts to justify their exercise of jurisdiction. Prepared by Gaurav Singhal. The nationality nexus looks to the nationality or national character of the person committing the offense to establish jurisdiction. and crimes against humanity. 22 Cyber Crime and Laws.

Adjudicating Officers Appointed by Controller 2.It is not enough that these nexuses exist. Lecturer Govt. Prepared by Gaurav Singhal. The Information Technology (IT) Act 2000 has been passed to deal with cyber crimes and there are specific forums in the Act which have the sole jurisdiction to deal with the cyber crimes mentioned in the Act.Cyber Régulations Appelâtes Tribunal 3.Appeal to High Court 23 Cyber Crime and Laws. the connection between the forum and the person or activity also must be “reasonable. Engineering College. 1. Bilaspur .” In India.

Bilaspur . Prepared by Gaurav Singhal. Lecturer Govt.Hierarchy of Courts 24 Cyber Crime and Laws. Engineering College.

also known as storage space or disk space. If you want to create a website. Bilaspur . first you need to register with a Web host to get your Web space. but if you pay you get more Web space and more features. It is made up of the total quantity of all text files. images. Prepared by Gaurav Singhal. databases. Some Web space is free. scripts. emails and other files related to your website . 25 Cyber Crime and Laws.Web Space  Web space is the Internet space that you need to create a website. website hosting. Engineering College.  Also Known As: web hosting. Lecturer Govt. some Web space you have to pay for . web page hosting  Web Space  The web space. generally refers to the amount of space on a web server that is allocated to website owners by the web hosting companies.

and e-commerce development. Engineering College. client-side/server-side scripting. Lecturer Govt. Bilaspur . "web development" usually refers to the main non-design aspects of building web sites: writing markup and coding. client liaison. web content development. Web development can range from developing the simplest static single page of plain text to the most complex web-based internet applications. This can include web design. an agreement typically documents the give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance.Web Development Agreement  Web development is a broad term for the work involved in developing a web site for the Internet (World Wide Web) or an intranet (a private network).  AGREEMENT  A negotiated and usually legally enforceable understanding between two or more legally competent parties. Prepared by Gaurav Singhal. electronic businesses. However. web server and network security configuration.  Although a binding contract can (and often does) result from an agreement. among web professionals. 26 Cyber Crime and Laws. or social network services.

Bilaspur . Engineering College.5              “Milestone Delivery Schedule  1.4              “Intellectual Property Rights”  1. Lecturer Govt.8              “User Content”  1.THIS WEBSITE DEVELOPMENT AND HOSTING AGREEMENT (the “Agreement”) is made as of _________.1              “Content”  1. by and between ________________ a ___________ corporation (“Provider”).  1. a __________________ (“Customer”).3              “Domain Name”  1. 2012____.                  DEFINITIONS. Prepared by Gaurav Singhal.6              “Provider Tools”  1.  1.2              “Design Fee”  1. and _______________.10          “Work Product” 27 Cyber Crime and Laws.9              “Website”  1.7              “Specifications”  1.

28 Cyber Crime and Laws. Lecturer Govt.              CONFIDENTIAL INFORMATION.  5.               WEBSITE DEVELOPMENT.              LIMITATIONS ON LIABILITY.                CUSTOMER COVENANTS. Engineering College.                DISCLAIMER  10.  11.  6.  9.                WEB HOSTING.                PAYMENTS. 2.  7.               MODIFICATIONS.                TERM AND TERMINATION. Prepared by Gaurav Singhal.  13. Bilaspur .                PROVIDER WARRANTIES.  3.              GENERAL PROVISIONS.              OWNERSHIP.              INDEMNITY.  4.  8.  14.  12.

Bilaspur .  A domain name is an identification string that defines a realm of administrative autonomy. a domain name represents an Internet Protocol (IP) resource. a server computer hosting a web site. or the web site itself or any other service communicated via the Internet.  Domain names are used in various networking contexts and application-specific naming and addressing purposes. Prepared by Gaurav Singhal. Domain names can be easily remembered that's why it's important to own one. such as a personal computer used to access the Internet. 29 Cyber Crime and Laws. Engineering College. authority. Lecturer Govt. In general. Domain names are formed by the rules and procedures of the Domain Name System (DNS).Domain Names  What is the significance of a domain name? Webpages can be opened through numerical IP Addresses that are computer-readable. or control in the Internet.

and the country code top-level domains (ccTLDs). which is nameless. Bilaspur . Below these top-level domains in the DNS hierarchy are the second-level and third-level domain names that are typically open for reservation by end-users that wish to connect local area networks to the Internet. including the generic top-level domains (gTLDs). Engineering College. 30 Cyber Crime and Laws. Prepared by Gaurav Singhal. such as the prominent domains com.Domain names are organized in subordinate levels (subdomains) of the DNS root domain. The first-level set of domain names are the top-level domains (TLDs). create other publicly accessible Internet resources or run web sites. The registration of these domain names is usually administered by domain name registrars who sell their services to the public. Lecturer Govt. net and org.

Once this happens they soon realize that they have lost their whole online identity. Lecturer Govt. Bilaspur . many people find it hard to remember IP Addresses. which are a series of numbers used to identify each other on the Internet. If you have a business site on the Internet your domain name is your own online brand and in a sense you can use your domain name as your online business card. used for finding and identifying computers on the Internet.  A domain name is an addressing construct. 31 Cyber Crime and Laws. Computers use Internet Protocol (IP) Addresses. Prepared by Gaurav Singhal. however. domain names were developed so that easily remembered names and phrases could be used to identify entities in the Internet instead of using an IP Address. Because of this. therefore your Internet identity is totally unique. No two parties can ever hold the same domain name simultaneously. Engineering College. With your own domain name your web site. How does a domain name work?  To understand why you need a domain name you first need to know how a domain name works. being unique to your business. Importance Of A Domain Name  On the World Wide Web your domain name is your own unique identity. and e-mail addresses for example will have that professional look. Many people often miss the importance of having and then keeping their domain name until they lose it.

Bilaspur . Lecturer Govt.Reference: Internet Wikipedia Google Webopedia Thank You 32 Cyber Crime and Laws. Engineering College. Prepared by Gaurav Singhal.