Notes

LESSON 14
Cybercrime and law: International Perspective
gTLD (Generic Top-Level Domain):

A gTLD, or Generic Top-Level Domain, is the highest level in the hierarchical Domain Name System
(DNS) of the Internet. It appears at the end of a domain name and helps categorize and organize websites
on the internet. Examples of gTLDs include .com, .net, and .org.
New gTLDs Selected by ICANN on November 16, 2000:

ICANN, the Internet Corporation for Assigned Names and Numbers, is the organization responsible for
managing and coordinating the Domain Name System. On November 16, 2000, ICANN selected seven
new gTLDs to expand the options available for domain names. Each of these gTLDs serves a specific
purpose:
1. .aero (for the entire aviation community):

- This domain is intended for use by the aviation industry, including airlines, airports, and other
related entities.
2. .biz (for business purposes):
- Designed for businesses and commercial use, .biz is an alternative to the widely used .com domain.
3. .coop (for cooperatives):
- Meant for cooperatives, which are organizations owned and operated by a group of individuals for
their mutual benefit.
4. .info (unrestricted):
- Unlike some gTLDs with specific purposes, .info is unrestricted and can be registered for any
purpose. It's commonly used for informational websites.
5. .museum (for museums):
- Intended for use by museums and related institutions, this domain is designed to highlight cultural
and educational content.
6. .name (for personal names):
- This domain is designed for individuals to register their personal names as a part of their online
identity.
7. .pro (for professionals):
- Targeted towards professionals, such as doctors, lawyers, and other licensed individuals, .pro is
meant to convey a sense of professionalism.
ccTLD (Country Code Top-Level Domain):

A ccTLD is a two-letter domain extension associated with a specific country or territory, like .mx for
Mexico. Administered independently, each ccTLD is managed by a nationally designated registration
authority. Currently, there are 252 ccTLDs, and WIPO has a program with a database portal for online
searches related to ccTLDs, providing information on registration policies and contacts.
International Cyber Crime:

There is no commonly agreed single definition of “cybercrime”.
- It refers to illegal internet – mediated activities that often take place in global electronic networks.
- Cybercrime is "international" or "transnational" –there are ‘no cyber – borders between countries'.
- International cybercrimes often challenge the effectiveness of domestic and international law and
law enforcement.
International Jurisdiction:
International jurisdiction involves determining the most suitable courts in a country to hear and decide a
case with an international dimension. This occurs when parties have different nationalities or reside in
different countries, potentially leading to a conflict of jurisdiction among several countries' courts. Rules
of international jurisdiction establish criteria for deciding which country's courts will handle the case.
Convention on Cybercrime:
The Budapest Convention, or the Convention on Cybercrime, is the initial international treaty tackling
internet and computer crime. Drafted by the Council of Europe in Strasbourg, France, it aims to
harmonize national laws, enhance investigative methods, and foster cooperation among nations. The
convention includes active involvement from observer states Canada, Japan, South Africa, and the United
States.
ICANN's Role in Internet Regulation:

ICANN, the Internet Corporation for Assigned Names and Numbers, plays a crucial role in ensuring the
unique identification of addresses on the Internet. It coordinates global unique identifiers, essential for a
unified global Internet. Specifically, ICANN manages the Internet Assigned Numbers Authority (IANA)
functions, vital technical services that support the continuous operation of the Internet's underlying
address book, known as the Domain Name System (DNS).
The IANA functions include:

- The coordination of the assignment of technical protocol parameters including the management of
the address and routing parameter area (ARPA) top-level domain
- The administration of certain responsibilities associated with Internet DNS root zone management
such as generic (gTLD) and country code (ccTLD) Top-Level Domains.
- The allocation of Internet numbering resources; and other services. ICANN performs the IANA
functions under a U.S government contract.
LESSON 15
CYBER LAW COMPIANCE
Need of Cyber Law

The need for Cyber Law arises from the challenges posed by trade and business conducted through
electronic means. Legal issues such as determining the location of transactions in cross-border Internet
sales impact consumer protection and jurisdiction. Additionally, the absence of provisions for electronic
contracts and signatures in many countries' contract laws necessitates legislative reforms to facilitate
participation in electronic commerce.
Laws for electronic transaction

UNCITRAL, the United Nations Commission on International Trade Law, is a key global legal entity
under the United Nations, dedicated to advancing commercial law reform for enhanced international
trade. It develops universally accepted conventions, model laws, and rules to promote modern, fair, and
harmonized standards in commercial transactions worldwide. Additionally, UNCITRAL provides
valuable legal and legislative guides, along with practical recommendations, and offers technical
assistance for law reform projects to facilitate global trade expansion.
A report was prepared by the UNCITRAL experts on “Legal value of computer records” and based on
that report the Commission adopted the following recommendations to states to review legal
requirements:
 Affecting the use of computer records as evidence in litigation.
 That certain trade transactions or trade related documents be in writing.
 Necessitate handwritten signature or other paper-based method of authentication on trade related
documents; and
 That documents for submission to governments be in writing and
 manually signed.
Electronic Transaction Ordinance 2002

The Electronic Transaction Ordinance 2002 was established by the Government of Pakistan, aligning
with its IT Policy from the year 2000. Informed by UNCITRAL model laws, the ordinance incorporates
elements from both Civil and Common law jurisdictions, considering various legislative frameworks. It
adopts the "International Consensus Principles on Electronic Authentication" by the Internet Law and
Policy Forum, implementing a "two-tier" approach. This approach involves studying global practices,
regulatory models, and best practice guidelines in electronic authentication and reflects an international
consensus on electronic transactions.
Two-Tier Approach
Some jurisdictions are adopting a "two-tier" approach, combining and synthesizing the standards for the
operation of PKIs and a broad definition of valid electronic signatures for legal purposes. This approach,
seen notably in the European Union and Singapore, acknowledges the non-mutually exclusive nature of
the previous two approaches.
International Consensus Principles

International Consensus Principles prepared by Internet law and Policy Forum (ILPF) in Sept’ 2000 to
create a predictable legal environment are as below:
 Remove legal barriers to electronic authentication.
 Respect freedom of contract and parties’ ability to set provisions by agreement.
 Harmonization: make laws governing electronic authentication consistent across
 jurisdictions.
 Avoid discrimination and erection of non-tariff barriers.
 Allow use of current or future means of electronic authentication.
Cyber Law Situation in Pakistan
The cyber law situation in Pakistan is generally positive, surpassing many developing countries.
However, to enhance the legal framework, there is a need for a coordinated effort to review existing
drafts thoroughly. It is essential to create drafts for remaining necessary laws under a single focal point in
the Federal Government to prevent conflicts, overlapping, and gaps in legislation.

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LESSON 14

Cybercrime and law: International Perspective

gTLD (Generic Top-Level Domain):

New gTLDs Selected by ICANN on November 16, 2000:

1. .aero (for the entire aviation community):

ccTLD (Country Code Top-Level Domain):

International Cyber Crime:

ICANN's Role in Internet Regulation:

The IANA functions include:

Need of Cyber Law

Laws for electronic transaction

Electronic Transaction Ordinance 2002

International Consensus Principles

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