Understanding Cyber Laws to Understand ODR Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Learning Objectives Our Learning Objectives are: Define Cyberspace  Define Cyber Laws and its different components Understanding the extent of Cyber Laws Understanding Jurisdiction in Cyberspace Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Cyberspace Cyber space is not a Xerox version of the geographical space. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Defining Cyber Space A Virtual Medium 24x7x365 Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Cyberspace is a space based on bits and bytes. Downloaded from www.careergyaan.org

Limitations of Physical Laws Physical laws have limitations in the sense that they are uni-dimensional in application. They are meant for the physical world, which is static, defined and incremental. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Law for Cyberspace Cyberspace is dynamic, undefined and exponential. It needs dynamic laws, keeping pace with the technological advancement. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Defining Cyber Law The word “cyber law” encompasses all the cases, statutes and constitutional provisions that affect persons and institutions who control the entry to cyberspace, provide access to cyberspace, create the hardware and software which enable people to access cyberspace or use their own devices to go “online” and enter cyberspace. Downloaded from www.careergyaan.org

Components of Cyber Law Cyberspace Netizens Technology Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Who is Netizen? An Alien or   A Global Citizen Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Technology and Law Technology Neutral V/s Technology Specific Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Cyber Laws Copyright Trademarks Patents E-Commerce E-Governance Cyber Crimes Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Copyright Copyright issues in the digital medium. Copyright to protect the computer programs. Effectiveness of such laws. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Trademarks Trademarks in cyberspace. Domain names and Domain names dispute settlement Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Patents Software business patents Effects of granting software business patents Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org E-Commerce Laws to facilitate e-commerce. Laws on electronic payments and contracts. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org E-Governance Laws to facilitate ‘Government2Citizen’ (G2C) interface. Role of the government in the new medium. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Cyber Crimes Laws to check cyber crimes. Regulatory mechanism in cyberspace. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Cyber Crimes Cyber Contraventions Cyber Offences Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Jurisdiction Jurisdiction is the power of the court to hear and determine a case involving:   PERSON PROPERTY and SUBJECT-MATTER Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Jurisdiction Territorial Jurisdiction Extra-territorial Jurisdiction Downloaded from www.careergyaan.org

Jurisdiction in Cyberspace Enforceability of laws in cyberspace Conflict of jurisdiction Cyber crimes – whether extraditable? Downloaded from www.careergyaan.org

Regulation means….Confidence For example, Section 75 of the Information Technology Act, 2000 says: “….the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of nationality, ……..if the act or conduct constituting the offence or contravention involves a computer, computer system….located in India”. Downloaded from www.careergyaan.org

…..Beyond the National Boundaries Rule of Law exists Underlines the concept of ‘one wired world’ Downloaded from www.careergyaan.org

Benefits of Having a Cyber Law Framework Sense of Security Moving up on the Value Chain Technological Advancement Global Recognition & Acceptance Downloaded from www.careergyaan.org

Entering the Global Village Cyber Law is scalable – similar set of statutes exist all over the world. Treat Cyber Law as a new resource to meet challenges and explore opportunities in the global village. Downloaded from www.careergyaan.org

Downloaded from www.careergyaan.org Thanks Downloaded from www.careergyaan.org