Technological development is the process of research and development of technology. Many emerging technologies are expected to become generally applied in the near future.
The last decade has seen that the field of computer law has developed at a phenomenal rate in response to changing technology. Introduction to Computer Law explains the law clearly and makes it accessible to a wide audience. In this fourth edition, the law within the four key areas of intellectual property rights, contract, criminal law and data protection has been comprehensively updated, expanded and rewritten to reflect technological change, new decisions and new legislation. The emphasis is on describing and examining the law in the context of the practicalities of computer use. Introduction to Computer Law is suitable for under-graduate and professional students taking modules in the subject, and will also be invaluable to managers, computer professionals and legal practitioners.
Emerging technologies and converging technologies are terms used interchangeably to cover the emergence and convergence of new and potentially disruptive technologies such as nanotechnology, biotechnology, cognitive science, robotics, and artificial intelligence.
Many writers, including computer scientist Bill Joy, have identified clusters of technologies that they consider critical to humanity's future. Advocates of the benefits of technological change typically see emerging and converging technologies as offering hope for the betterment of the human condition. However, critics of the risks of technological change, and even some advocates such as trans-humanist philosopher Nick Bostrom, warn that some of these technologies could pose dangers, perhaps even contribute to the extinction of humanity itself; i.e., some of them could involve existential risks.
Much ethical debate centres on issues of distributive justice in allocating access to beneficial forms of technology. Some thinkers, such as environmental ethicist Bill McKibben, oppose the continuing development of advanced technology partly out of fear that its benefits will be distributed unequally in ways that could worsen the plight of the poor. By contrast, inventor Ray Kurzweil is among techno-utopians who believe that emerging and converging technologies could and will eliminate poverty and abolish suffering.
Internet is a path-breaking technological development which allows to operate and advertise across all frontiers and borders. Many companies offer various policies and schemes across the world through internet.
The main aim of cyber laws is to harmonize the existing laws. The cost of world wide transaction should be reduced by issuing inconsistencies and uncertainties arising out of difference in national laws. Many companies are expanding its business with great speed. With the development and increase in internet and electronic based trading system, the existing laws are getting affected. The traditional legal systems are facing difficulty in keeping pace with growth of internet and its impact. The Courts and Legislature will not be able to provide guidance in time to engage them in commerce.
The few statutory provisions have been enacted dealing with the problem of information technology laws. These laws are intellectual property rights (IPR). It seeks to remedy most of the problem. Because of the enactment of the IT Act the other Acts have also been amended to deal with some problems. These Acts are:-
· The Indian Penal Code, 1860
· The Indian Evidence Act, 1872
· The Bankers Book Evidence Act, 1891
· The Reserve Bank of India Act, 1934.
Cyber Law, includes legal, statutory and constitutional provisions which deal in computers and computer network.
The computers and the computer networks are used by any individual, corporate bodies and problem can arise to any body.
The cyber law applies to them only if-
1.Corporate bodies, institutions or individuals enter into cyber space.
2.They provide access to cyber space.
3.Creates hardware or software which enable people to access cyber space.
4.Use their own computers to go "online" and enter into cyber space.
The litigants in cyber disputes are telephone providers, companies, software companies, computer training institutes, schools, colleges, firms, etc.
Cyber space is nothing but a web of consumer where consumer electronics, their computers and communication network through internet are inter-connected in the world. The on-line world of computers and society that use these computers are included in the term cyber space.
For the access of computer and computer network, the term internet is necessary to understand. Internet is inter network of hundreds of other connecting networks made up of different types of computers all over the world where communications are made and messages are sent to each other using computers. Through internet, data such as video, pictures, sound and music, text are transmitted through satellite links and other media.
Internet can be used by any person at any place. Internet is also used for getting more information using various tools which are used to find out various resources on World-wide Web.
The research work using internet can be made in just few minutes or hours. Through internet, a person can also get knowledge of business world. One can also avail services like shopping, entertainment, banking, multimedia, etc.
The main role of internet is E-commerce. It means commercial transactions which take place electronically on internet.
It includes:-
1.Making Contract - In which parties while making contract on computers, signatures are put by parties on computers which is known as digital signatures. If there is breach of contract, the question of jurisdiction or law relating to breach of contract is regulated by cyber laws.
2.Buying and Selling - The persons doing shopping using internet are needed to be regulated by law. They do shopping using credit cards. The Domain Names of various sites are almost same, which creates confusion in minds of consumers e.g., RADIKK.COM and REDIFF.COM is same and it creates confusion. This needs to be regulated and our courts have held that these domain names should be used by original owner.
3.Publishing - It means copying or transmitting the work of author is violation of copyright. Downloading the work in any form i.e., printing, photocopying is violation of copyright and it needs to be regulated by law.
4.E-mail security - To protect the contents of e-mail it also requires to be regulated by law. Any misuse of cyber transaction is violation of law.
5.Banking and Advertising, etc. - Through internet the person can do banking on computer as it saves time of individuals, saves cost of transaction and it can be done at any time. Advertising is also done on computer which also saves time, cost, etc., and individuals are updated with new schemes on computer.
© Universal law Publishing Co.