1. Understanding Cyber Laws to Understand ODR
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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
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Cyberspace
Cyber space is not a Xerox version of the geographical space.
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Defining Cyber Space
A Virtual Medium
24x7x365
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Cyberspace is a space based on bits and bytes.
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6. 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.
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Law for Cyberspace
Cyberspace is dynamic, undefined and exponential.
It needs dynamic laws, keeping pace with the technological advancement.
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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.
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9. Components of Cyber Law
Cyberspace
Netizens
Technology
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Who is Netizen?
An Alien or
A Global Citizen
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Technology and Law
Technology Neutral
V/s
Technology Specific
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Cyber Laws
Copyright
Trademarks
Patents
E-Commerce
E-Governance
Cyber Crimes
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Copyright
Copyright issues in the digital medium.
Copyright to protect the computer programs.
Effectiveness of such laws.
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Trademarks
Trademarks in cyberspace.
Domain names and Domain names dispute settlement
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Patents
Software business patents
Effects of granting software business patents
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E-Commerce
Laws to facilitate e-commerce.
Laws on electronic payments and contracts.
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E-Governance
Laws to facilitate ‘Government2Citizen’ (G2C) interface.
Role of the government in the new medium.
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Cyber Crimes
Laws to check cyber crimes.
Regulatory mechanism in cyberspace.
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Cyber Crimes
Cyber Contraventions
Cyber Offences
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Jurisdiction
Jurisdiction is the power of the court to hear and determine a case involving:
PERSON
PROPERTY and
SUBJECT-MATTER
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Jurisdiction
Territorial Jurisdiction
Extra-territorial Jurisdiction
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22. Jurisdiction in Cyberspace
Enforceability of laws in cyberspace
Conflict of jurisdiction
Cyber crimes – whether extraditable?
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23. 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”.
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24. …..Beyond the National Boundaries
Rule of Law exists
Underlines the concept of ‘one wired world’
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25. Benefits of Having a Cyber Law Framework
Sense of Security
Moving up on the Value Chain
Technological Advancement
Global Recognition & Acceptance
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26. 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.
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Thanks
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