
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