Fundamental of

Cyber Law

UNIT3
 Fundamentals of Cyber Jurisprudence

• Jurisprudence is the science and philosophy or theory of the

law. It is method of legal study that concentrates on the
logical structure of law, the meanings and uses of its
concepts, and the formal terms and modes of its operation.

• Cyber Jurisprudence like any other jural Science is the

study of laws relating to Cyber.

• Cyber jurisprudence is the legal study that concentrates on

the logical structure, the meanings and uses of its concepts,
and the formal terms and modes of operation of cyber law.
 Cyber Law

• Cyber Law also called IT Law is the law regarding

Information-technology including computers and internet. It
is related to legal informatics and supervises the digital
circulation of information, software, information security
and e-commerce.

• Cyber Laws yields legal recognition to electronic

documents and a structure to support e-filing and e-
commerce transactions and also provides a legal structure
to reduce, check cyber crimes.
 Area of Cyber Law

• Fraud: Consumers depend on cyber laws to protect

them from online fraud. A person who commits
identity theft may face confederate or state criminal
charges. Cyber lawyers work to both defend and
prosecute against allegations of fraud using the
internet.

• Copyright : Copyright violation is an area of cyber

law that protects the rights of individuals and
companies to profit from their own creative works.
 Area of Cyber Law

• Defamation: Several personnel use the internet to speak

their mind. When people use the internet to say things that
are not true, it can cross the line into defamation.
Defamation laws are civil laws that save
individuals from fake public statements that can harm a
business or someone‘s personal reputation.

• Harassment and Stalking: Sometimes online statements

can violate Criminal laws that forbid harassment and
stalking. When a person makes threatening statements
again and again about someone else online, there is
violation of both civil and criminal laws
 Area of Cyber Law
•Freedom of Speech: Freedom of speech laws also allow
people to speak their minds. Cyber lawyers must advise their
clients on the limits of free speech including laws that prohibit
obscenity.

• Trade Secrets: Companies doing businesses online often

depend on cyber laws to protect their trade secrets. For
example, Google and other online search engines spend lots
of time developing the algorithms that produce search
results. They also spend a great deal of time developing
other features like maps, intelligent assistance and flight
search services to name a few. Cyber laws help these
companies to take legal action as necessary in order to
protect their trade secrets.
 Area of Cyber Law

• Contracts and Employment Law: Every time you

click a button that says you agree to the terms and
conditions of using a website, you have used cyber
law. There are terms and conditions for every
website that are somehow related to privacy
concerns.
 IT Act: Object and Its Scope

• The Information Technology Act, 2000 or ITA, 2000 or IT

Act, was notified on October 17, 2000.

• It is the law that deals with cybercrime and electronic

commerce in India. In this article, we will look at the
objectives and features of the Information Technology Act,
2000.

• In 1996, the United Nations Commission on International

Trade Law (UNCITRAL) adopted the model law on
electronic commerce (ecommerce) to bring uniformity in the
law in different countries.
 IT Act: Object and Its Scope

• The Information Technology Act, 2000 or ITA, 2000 or IT

Act, was notified on October 17, 2000.

• It is the law that deals with cybercrime and electronic

commerce in India. In this article, we will look at the
objectives and features of the Information Technology Act,
2000.

• In 1996, the United Nations Commission on International

Trade Law (UNCITRAL) adopted the model law on
electronic commerce (ecommerce) to bring uniformity in the
law in different countries.
 IT Act: Object and Its Scope

• Further, the General Assembly of the United Nations

recommended that all countries must consider this model
law before making changes to their own laws. India became
the 12th country to enable cyber law after it passed the
Information Technology Act, 2000.

• While the first draft was created by the Ministry of

Commerce, Government of India as the e-Commerce Act,
1998, it was redrafted as the Information Technology Bill,
1999‘, and passed in May 2000.
 IT Act: Objectives

• The Information Technology Act, 2000 provides legal

recognition to the transaction done via electronic exchange
of data and other electronic means of communication or
electronic commerce transactions.

• This also involves the use of alternatives to a paper-based

method of communication and information storage to
facilitate the electronic filing of documents with the
Government agencies.
The objectives of the Act are as follows:

• Grant legal recognition to all transactions done via an

electronic exchange of data or other electronic means of
communication or e-commerce, in place of the earlier paper-
based method of communication.

• Give legal recognition to digital signatures for the

authentication of any information or matters requiring legal
authentication.

• Facilitate the electronic filing of documents with

Government agencies and also departments
•Facilitate the electronic storage of data

• Give legal sanction and also facilitate the electronic transfer

of funds between banks and financial institutions

• Grant legal recognition to bankers under the Evidence Act,

1891 and the Reserve Bank of India Act, 1934, for keeping
the books of accounts in electronic form.
 Scope of IT Law

• Cyber law is that stream of law where all the cyber-crimes

such as theft, fraud, etc. all of which are subject to the Indian
Penal Code are addressed by the Information Technology
Act, 2000.Cyber-crimes are broadly categorized in two
different categories:

(1) Using a computer to target other computer – for eg. Virus

attacks, hacking, etc.
(2) Using a computer to commit crimes – for eg. Credit card
frauds, cyber terrorism, etc.

• Cyber law is associated with all the areas of business

which have a technological bend.
 Scope of Cyber Law: E-Commerce
• Cyber Law – Ecommerce can be defied as any transaction
conducted over the Internet or through Internet access,
comprising the sale, lease, license, offer or delivery of
property, goods, services or information, whether or not for
consideration, and includes the provision of Internet access.

• Cyber Law provides measures and methods to provide

secure and risk free platform for performing ecommerce
activities.
 Online Contracts

• According to the Indian Contract Act, 1872, a contract

needs a proposal and an acceptance of the proposal which
transforms into a promise.

• Further, a consideration (price associated with the

agreement) supports the promise and becomes an
agreement. Also, an agreement enforceable by law is a
contract. In the online environment, a series of contractual
obligations form online contracts.

• an online contract has the same pre-requisites as a

physical contract. At its most basic level, an online contract
needs an online proposal and its online acceptance by the
other party.
 Business Software Patenting

• A patent protects a process. Copyright, on the other hand,

protects an expression. Therefore, patents confer stronger
rights than copyrights. Typically, a computer program has
thousands of instructions.

• The copyright law covers programs, while the algorithms

and techniques qualify for patenting.
 E-taxation

• As e-commerce grew, commercial transactions across

country borders increased too. This led to debates over the
issue of taxation.

• e-commerce as having the potential to create new revenue

streams while presenting challenges to the national tax
systems. This is because new technologies are creating
possibilities for tax avoidance and evasion.

• For accurate tax computation, the tax authorities need a

system which provides information regarding the transacting
parties, the volume of transaction and the date, time, and
place of the transaction.
 E-governance

According to the World Bank, e-governance is the efficient

use of information and technology by government agencies.
It helps them transform their relations with citizens,
businesses, and other government agencies. Also, e-
governance involves the use of technology-enabled
initiatives for improving –

• The interaction between the government and citizens or

businesses: e-services

• The government‘s internal operations: e-administration

• The external interactions: e-society

 E-governance

• Cyber laws support e-governance practices. They promote

initiatives like electronic filing of documents with Government
agencies, use of digital signatures, etc.
 Cyber Crimes

• Cyber Crime is when an individual intentionally uses

information technology to produce destructive and harmful
effects on the tangible and/or intangible property of others.

• It has no national boundaries and is usually a term for

criminal activities involving a computer or a network as a tool
or a target.
 Intellectual Property

• Intellectual property (IP) refers to creations of the mind,

such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.

• Intellectual property (IP) is a category of property that

includes intangible creations of the human intellect. There
are many types of intellectual property, and some countries
recognize more than others.

• The most well-known types are copyrights, patents,

trademarks, and trade secrets.
 Intellectual Property: Types

• Copyright is the exclusive right given to the creator of a

creative work to reproduce the work, usually for a limited
time. The creative work may be in a literary, artistic,
educational, or musical form.

• Copyright is intended to protect the original expression of

an idea in the form of a creative work, but not the idea itself.

• A patent is a form of intellectual property that gives its

owner the legal right to exclude others from making, using,
selling and importing an invention for a limited period of
years, in exchange for publishing an enabling public
disclosure of the invention.
 Intellectual Property: Types

• Trade secrets are a type of intellectual property that

comprise formulas, practices, processes, designs,
instruments, patterns, or compilations of information that
have inherent economic value because they are not
generally known or readily ascertainable by others, and
which the owner takes reasonable measures to keep secret.

• In some jurisdictions, such secrets are referred to as

confidential information.
 Intellectual Property: Types

• A trademark (also written trade mark or trade-mark[1]) is a

type of intellectual property consisting of a recognizable
sign, design, or expression which identifies products or
services of a particular source from those of others.

• The trademark owner can be an individual, business

organization, or any legal entity. A trademark may be
located on a package, a label, a voucher, or on the product
itself.

• For the sake of corporate identity, trademarks are often

displayed on company buildings. It is legally recognized as
a type of intellectual property.
 Intellectual Property Right

• Intellectual property rights are the legal rights that cover the
privileges given to individuals who are the owners and
inventors of a work, and have created something with their
intellectual creativity.

• Individuals related to areas such as literature, music,

invention, etc., can be granted such rights, which can then be
used in the business practices by them.

• The creator/inventor gets exclusive rights against any

misuse or use of work without his/her prior information.
However, the rights are granted for a limited period of time to
maintain equilibrium.
 Intellectual Property Right

• The following list of activities • Inventions in all fields of

which are covered by the human endeavor
intellectual property rights • Performances of performing
are laid down by the World artists, phonograms, and
Intellectual Property broadcasts
organization • Trademarks, service marks,
(WIPO) − commercial names, and
• Industrial designs designations
• Scientific discoveries • All other rights resulting from
• Protection against unfair intellectual activity in the
competition industrial, scientific, literary,
• Literary, artistic, and or artistic fields
scientific works
 Intellectual Property Right

• Intellectual property rights are advantageous in the

following ways −

 Provides exclusive rights to the creators or inventors.

 Encourages individuals to distribute and share

information and data instead of keeping it confidential.

• Provides legal defense and offers the creators the

incentive of their work.

• Helps in social and financial development.