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Online Assignment- II

Name : Rajkamal Grewal

User ID: 1553_rajkamal

Q1. Under the European Convention on Cyber Crimes the State

Parties are required to take certain measures in their territories.What are those measures?

Ans. The European convention on cyber crimes came into force on June

2001 because the urgent need was felt to make a common criminal

Policy against cyber crimes.

The State parties are required to take certain measures in their

Territories. The measures were given in Chapter 2 of this convention.

Those measures are divided in three sections i.e. Substantive

Criminal Law, Procedural Law and Jurisdiction

Substantive Criminal Law: This section divides into 5 titles.

Title 1 (Section 2 to 6) deals with Offences against the confidentiality,

integrity and availability of computer data and systems.

Title 2 (Section 7 and 8) deals with Computer Related Offences.

Title 3 (Section 9) deals with Content-related Offences. This Article

stipulates offences related to child pornography.

Title 4 (Section 10) deals with Offences Related to Infringements of

copyright and related rights.

Title 5 (Section 11 to 13) deals with Ancillary Liability and Sanctions

about abetment and attempt to commit offences

Procedural Law: Section 2 divides into 5 titles also.

Title 1 (Section 14 and 15) relates to Common Provisions for the

Purpose of Specific criminal investigations or proceedings.

Title 2 (Section 16 and 17) deals with Expedited preservation of stored

Computer data

Title 3 (Section 18) related to Production Order.

Title 4 (Section 19) relates to Search and Seizure of Stored Computer

DataTitle 5 (Section 20 and 21) relates to Real time Collection of

Computer Data

Jurisdiction: Section 3 of Chapter II deals with Jurisdiction, contained in

Article 22, which requires each party to enact legislation to establish

jurisdiction over any offence established in accordance with Articles 2 to 11

of this convention.

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Q2. Briefly analyse the salient features of the Rome Convention

for the Protection of Performers, Producers of Phonograms

and Broadcasting Organization.

Ans. The salient features of the Rome Convention for the Protection ofPerformers, Producers of Phonograms and Broadcasting Organization

are following;

I. This Convention was made to extend copyright protection of

author of a work to the creators and owners of particular

intellectual property such as audio cassettes or DVDs.

II. The Rome Convention also covered the performers and producers

of recordings under copyright.

III. The Rome Convention extends the protection to the performance

of performers, such as actors, musicians, dancers, singers and other

persons who perform literary or artistic work.

IV. Performances taking place in another Contracting state or if

performance is incorporated in phonogram is protected under

Article 5 of this Convention.

V. Performance is carried by a broadcast but not being fixed on aphonogram is protected under Article 6 of this Convention.

VI. Article 7 of this Convention extends the protection of preventing

the broadcasting of their performance without their consent, unless

the broadcasting performance is itself already a broadcast

performance.

VII. If broadcasting was consented to by the performers, it shall be a

matter of domestic law of the contracting state.

VIII. If there are joint performers then Article 8 provides that the

contracting state may specify the manner in which rights of

performers will divide.

IX. Dispute arising out of application of this convention shall be

referred to the International Court of Justice for decision, unless

they agree for settlement in some other way.

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Q3. Examine the provisions under IT Act, 2000 relating to the

attribution, acknowledgement and dispatch of electronic

records.

Ans. Section 11 to 13 of IT Act, 2000 deals with the attribution,acknowledgement and dispatch of electronic records.

I. Section 11 of this Act specifies the cicumstances under which the

electronic records can be attributed to originator. This section says

that the electronic record shall be attributed to the originator.

-if it was sent by the originator himself;

-or, by a person who had the authority to act on behalf of originator;

- Or, by an information system programmed by or on behalf of originator to

operate automatically.

II. Section 12 deals with acknowledgement of receipt of electronic records.

It provides that in the absence of any agreement between the

originator and the addressee that the acknowledgement of receipt of

electronic record be given by particular method

III. Section 13 of the Act deals with the time and place of dispatch andreceipt of electronic record.

IV. The place of dispatch and receipt, an electronic record is deemed to be

dispatched at the place where the originator has his place of business,

unless they both agreed otherwise.

V. Acknowledgement of the receipt of electronic records is mandatory in

cases where the originator has specify a condition that it shall be

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binding only if he himself receipt the acknowledgement of such

electronic record. In cases where any of the party has more then one

place of business then principle place of business will be considered.

If any of the part doesnt have any business place then usual place of

residence will be considered.

Q4. Define E-Governance. Explain the provisions relating to E-

Governance under the IT Act, 2000.

Ans. E-Government refers to the use by government agencies ofinformation technologies such as Wide Area Networks, the Internet, &

mobile computing, that have the ability to transform relations with citizens,

businesses, and other arms of government. The prime objective of the IT

Act, 2000 was to promote the E-Governance. Chapter III of this Act

provides all information regarding E-Governance.The provisions relating to E-Governance under the IT Act, 2000

are provided in Section 4 to 10.

I. Section 4 of the Indian IT Act, 2000 confers legal recognition to

electronic records. Paper based documents are equated with

electronic records so long as they are made available in electronic

form and are accessible so as to be usable for a subsequent

reference.

II. Section 5 confers legal recognition to digital signatures and

equates it with handwritten signatures. The authentication of such

digital signatures will be ensured by means of digital signatures

affixed in such manner as the Central Government prescribes.

III. Section 6 paves way for the promotion of electronic governance. It

provides for the use of electronic records and electronic signatures

in the governance.

IV. Section 7 allows retention of electronic records akin to paper basedrecords to fulfill legal requirement of retention of records.

V. Section 8 deals with Publication of rule, regulation, etc., in

Electronic Gazette. This provision treats the electronic gazette as

the equivalent of printed form of official gazette.

VI. Section 9 provides that the provisions of section 6,7 and 8 are only

enabling provisions, which authorize the governments to use

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electronic records, digital signatures in the governance and also to

retain the records and publish in the official gazette in the E- Form.

They do not confer any right upon any person to insist for the

same.

VII. Section 10 deals with there power of central government to make

rules in respect to digital signature.

Q5. Elucidate the role and powers of Cyber Appellate Tribunal

in adjudicating internet disputes?

Ans. Cyber Appellate Tribunal (CAT) is established by central

government. It has the power to review the judgement or hears appeals ofdecisions by a lower court. Under section 57 of the Act, CAT has got a

jurisdiction to entertain appeals from the order made by the Controller or

Adjudicating officer under this Act except from those order made by an

adjudicating officer with the consent of the parties.

The CAT is not bound by the procedure laid down by the Code

of Civil Procedure, 1908. But it should observe the principles of natural

justice and subject to the other provisions of this Act and of any rules,

The CAT has the power to regulate its own procedure or select the place at

which it shall have its sittings. The CAT shall have, the same powers as are

vested in a civil court under the Code of Civil Procedure, 1908, while tryinga suit, in respect of the following matters;

(a) Summoning and enforcing the attendance of any person and examining

him on oath;

(b) Requiring the discovery and production of documents or other electronic

records;

(c) Receiving evidence on affidavits;

(d) Issuing commissions of the examination of witnesses or documents;

(e) Reviewing its decisions;

(f) Dismissing an application for default or deciding it ex parte;(g) Any other matter which may be prescribed.

Within the meaning of Sections 193 and 228, and for the

purposes of Section 196 of the Indian Penal Code every proceeding before

the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding

and the Cyber Appellate Tribunal shall be deemed to be a civil court for the

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purposes of Section 195 and Chapter XXVI of the Code of Criminal

Procedure.