Contents

CHAPTER I

Introduction of Emerging Technology

Overview

1

Q.

What is Cyber Law?

2

Q.

What is cyber space?

2

Internet

3

Q.

Who can make use of internet?

3

CHAPTER II

WORLD CHANGING TO E-COMMERCE

2.1

Introduction

4

2.2

History

5

Q.

What is the Business Methodology of E-commerce?

5

Q.

What is the legal definition of E-commerce?

6

Q.

Write note on E-commerce and WTO?

6

Q.

What are the main instruments of E-commerce?

6

Q.

What is Business Process Re-engineering?

6

2.3

Online Approach of E-commerce

6

2.4

Case Law – Michel Dell Case

7

2.5

Types of E-Commerce Transactions in India

7

1.

b2b (business to business)

7

2.

B2C (business to customer)

7

3.

C2C (customer to customer)

7

4.

C2B (customer to business)

8

5.

Non-business E-commerce

8

6.

Intra-business (Organizational) E-commerce

8

2.6

Benefits of E-commerce

8

2.7

Benefits to Consumers

9

2.8

Benefits to Society

9

2.9

The Limitations of E-commerce

10

Technical Limitations of E-commerce

10

Non-technical Limitations

10

2.10

E-commerce – Changing Perceptions

11

CHAPTER III

M-commerce

Introduction

12

Mobile Phones

12

Payment Mechanisms on Mobiles

14

Q.

What are the various mode of payments on mobiles to avail various services?

14

M-marketing

15

Q.

Write a note on M-marketing?

15

Technologies of Mobile Phones

16

CHAPTER IV

Payment Mechanisms

4.1

Introduction

18

Offline Payment System

18

Q.

Explain various modes of online payment system?

19

Online Payment Sytem

19

4.2

Credit Cards

19

Benefits to Customers

20

Growth of Credit Card in India

20

Debit Cards

21

Different between Credit and Debit Card?

21

Secured Payment Gateway (SPG)

23

Secure Socket Layer (SSL)

23

E-Wallet

23

Mobile Payment

23

Premium SMS Based Transactional Payments

24

Mobile Web Payments (WAP)

24

Smart Cards

25

E-Billings

25

Net Banking

26

CHAPTER V

DIGITAL SIGNATURE

Cryptography

27

Types of Cryptography

28

Advantage of Symmetric Cryptography

28

Disadvantage of Symmetric Cryptography

28

Advantage of Asymmetric Cryptography

28

Disadvantage of Asymmetric Cryptography

28

Q.

What is digital signature?

28

Q.

How digital signature is created and verified?

28

Q.

Explain the statutory comparison between handwritten signature and digital signature?

29

Q.

What is the relation between digital signature and asymmetric cryptography?

30

Chapter VI

Information Technology Act, 2000 – An Overview

Q.

What are the main aims and objectives of I.T. Act, 2000?

31

Q.

What is the Scope of I.T. Act, 2000?

32

Q.

What was the micro and macro perspective of United Nations?

32

Q.

Which countries join the digital signatures club membership?

33

Extent of Information Technology Act, 2000

33

Write a Note on Applicability of I.T. Act, 2000?

33

Q.

What is the Jurisdiction of I.T Act?

33

Attribution, Acknowledgment and Dispatch of Electronic Records

35

Q.

What is secure digital signature?

36

Regulation of Certifying Authorities

36

Q.

Explain the appointment, function of the controller of certifying?

36

Q.

Briefly describe the process of issuing, renewal, rejection, suspension of license of electronic signature certificates under the various provisions of law?

36

Q.

What is the procedure to be followed by certifying authority?

37

Disclosure – Section 34

38

Q.

How the Electronic Signature Certificate Is Issued? Section 36

38

Q.

How the Digital Signature Certificate is suspended? Section 37

38

Revocation – Section 38

38

Duties of Subscribers

39

Q.

What are the various duties of subscribers?

39

Penalties and Compensation for Damage to Computer, Computer System etc. – Section 43

39

General Definitions – Section 43

40

Penalty for Failure to Furnish Information, Return, etc. – Section 44

41

Residuary Penalty – Section 45

41

Power to Adjudicate – Section 46

41

The Cyber Appellate Tribunal

41

Procedure and Powers of the Cyber Appellate Tribunal (Section 58)

42

CHAPTER VII

Cyber Crime

7.1

Introduction

44

Q.

What is computer crime?

44

7.2

Other Computer-related Offences

50

7.3

I.T. Critical Infrastructure in India

51

Protected System

51

National Nodal Agency

52

Indian Computer Emergency Response Team

52

Q.

What is the Indian Computer Emergency Response Team? What are its function. What is the punishment for failure to comply with the directions of the Computer Emergency Response Team?

52

Q.

What is the penalty for Breach of Confidentiality and Privacy?

52

Privacy in Indian Context

53

Q.

Explain the concept of right to privacy along with leading cases?

53

Another Leading Case on “Right to Privacy”

53

7.4

Classification of Offences Against Other Laws

54

7.5

Classification of Cyber Offences

54

Penalty and Compensation for Damage to Computer, Computer System, etc. Section 43

54

Chapter VIII

Data Security and Data Protection

Q.

Define computer Data Base?

57

Q.

Write a note on UK’s Data Protection Act, 1998? Explain its purpose also?

58

Issue of Confidentiality

59

Q.

What is the conceptual basis of confidentiality?

59

Q.

Explain the main elements of confidence?

59

Q.

Define what is the “confidential information”?

60

Meaning of Confidential Information

60

Confidential Materials

60

Q.

Define what are confidential materials?

60

Q.

What material is not included in confidential materials?

60

Q.

What kind of restrictions are there on the receiving party to keep the information confidential?

60

Q.

Explain the rights and remedies available with receiving party?

61

CHAPTER IX

Introduction to Satellite, Media, Cable TV, Broadcast

The Prasar Bharti (Broadcasting Corporation of India) Act, 1990

63

Section 2(a)—“Akashvani”

63

Section 2(c)—“Broadcasting

63

Section 2(h)—“Doordarshan”

63

Section 3—The Prasar Bharti Board

63

Section 12—Functions and Powers of Corporation

63

Section 13—Parliamentary Committee

64

Section 14—Establishment of Broadcasting Council

64

Section 23—Powers of Central Government

64

Sections 32 and 33 Talks About the Rules and Regulations of Corporation

64

The Cable Television Networks (Regulation) Act, 1995

65

Section 2(aa)—“Cable Operator”

65

Section 2(b)—“Cable Service”

65

Section 2(c)—“Cable Television Network”

65

Section 4—Registration as a Cable Operator

65

An Overview of the Telecom Regulatory Authority of India (Amendment) Act, 2000

65

Section 14—Establishment of an Appellate Tribunal

66

Section 14N—Transfer of Appeals

66

CHAPTER X

Domain Names and Domain Names Dispute Resolution

Trademark

67

Q.

What are the rights of trademark owner?

67

Trademark Infringement

68

Q.

When it can be said that the owner of trademark is infringed?

68

Passing Off Action

68

Q.

What do you mean by passing off action? Explain its two broad categories?

68

Domain Names

68

Domain Name Consist of Different Parts

69

Domain Name Distribution

69

Domain Name Infringements

70

Q.

What are the domain name infringements?

70

Resolving Domain Name Disputes

71

Bad Faith Registration

72

Q.

What is bad faith registration?

72

Relevant Cases Related to Bad Faith Registration

72

Q.

How the distinctiveness is acquired? Explain with case laws?

74

Q.

Write a note on WIPO?

74

Copyright and WIPO Treaties

75

CHAPTER XI

Advanced Technology

The Protection of Plant Varieties and Farmers’ Rights Act, 2001

77

Important Definitions under the Act are as follows

77

Section 2(j). Defines extant variety available in India

77

Section 2(k). “Farmer”

77

Section 2(l). “Farmers’ variety”

77

Section 2(za). “Variety”

77

Section 12. Registry

78

Section 13. National Register of Plant Varieties

78

Chapter III of the act talks about registration of plant varieties and essentially derived variety

78

Section 14. Application for Registration

78

Section 15. Registrable varieties

78

Section 16. Persons who may make Application

79

Section 18. Form of Application

79

Section 19. Test to be Conducted

79

Section 21. Advertisement of Application

79

Chapter IV of the Act Deals with Duration and Effect of Registration and Benefit Sharing

80

Section 24. Issue of certificate of registration

80

Section 26. Determination of Benefit Sharing by Authority

80

Section 30. Researcher’s Rights

80

Chapter VI Talks about Farmers’ Rights

80

Section 39. Farmers’ Rights

80

Section 41. Rights of Communities

81

Gene Fund

81

Section 45. – Gene Fund

81

Chapter VII of the Act Deals with Compulsory Licence

81

Section 47. Power of Authority to make Order for Compulsory License

81

Section 50. Duration of Compulsory License

82

Chapter VIII of the Act Deals with Plant Varieties Protection Appellate Tribunal

82

Chapter X of the Act Explains Infringement, Offences, Penalties and Procedures

82

Section 64. Infringement by a Person

82

Section 65. Suit for Infringement

82

Section 66. Relief in Suit for Infringement

82

The Biological Diversity Act, 2002

83

Q.

Why biological diversity is creating?

83

Q.

Explain the concept of bio piracy?

83

Q.

Note on bacillus thuringiensis

84

Q.

Overview of Act

84

Q.

Who has to seek permission from the national biodiversity authority?

84

Q.

Explain determination of equitable benefit sharing by NBA? In what manner it can be given effect?

85

Chapter VI of the Act

85

Chapters VII and VIII Talks About Finance, Audits and Accounts

86

Q.

What are the duties of Central and State Governments mentioned under Chapter IX of the Act?

86

Chapter X Section 41 of the Act deals with biodiversity management committee

86

Q.

Write a note on biodiversity management committees?

86

Chapter XII Miscellaneous

87

Section 50 – Settlement of Disputes

87

Section 55 – Penalties for Contravening Provisions of

87

Data Security And Data Protection

International Laws and Standards

88

International Laws

88

International Standards

88

Data Privacy and Security Concerns in Outsourcing

88

Why is data privacy and security one of the foremost concerns in outsourcing to India?

88

How is India dealing with data privacy and security concerns?

89

Proactive Data Privacy Measures in Indian Companies

89

Data Privacy and Security Measures at Outsource2India

90

Data Security at O2I: Process

90

Data Privacy and Security: India Initiatives

91

India as a Trustworthy Outsourcing Destination

91

Introduction

91

Understanding Data Security

91

Threats to Organizational Data

91

Solutions for Data Security

91

Essential Components of an Information Security Management System

92

Understanding Data Privacy

92

Data Security v. Data Privacy

93

Five Fair Information Practices

94

Suggested Questions

95

• Table of Cases

97

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