Understanding Cyber Laws to Understand ODR Downloaded from .

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


Cyberspace

Cyber space is not a Xerox version of the geographical space.


Defining Cyber Space

• A Virtual Medium

• 24x7x365


Cyberspace is a space based on bits and bytes.


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.


Law for Cyberspace

Cyberspace is dynamic, undefined and exponential.

It needs dynamic laws, keeping pace with the technological advancement.


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.


Components of Cyber Law

• Cyberspace

• Netizens

• Technology


Who is Netizen?

• An Alien or

• A Global Citizen


Technology and Law

Technology Neutral

V/s

Technology Specific


Cyber Laws

• Copyright• Trademarks• Patents• E-Commerce• E-Governance• Cyber Crimes


Copyright

• Copyright issues in the digital medium.

• Copyright to protect the computer programs.

• Effectiveness of such laws.


Trademarks

• Trademarks in cyberspace.

• Domain names and Domain names dispute settlement


Patents

• Software business patents

• Effects of granting software business patents


E-Commerce

• Laws to facilitate e-commerce.

• Laws on electronic payments and contracts.


E-Governance

• Laws to facilitate ‘Government2Citizen’ (G2C) interface.

• Role of the government in the new medium.


Cyber Crimes

• Laws to check cyber crimes.

• Regulatory mechanism in cyberspace.


Cyber Crimes

• Cyber Contraventions

• Cyber Offences


Jurisdiction

Jurisdiction is the power of the court to hear and determine a case involving:

PERSON

PROPERTY and

SUBJECT-MATTER


Jurisdiction

• Territorial Jurisdiction

• Extra-territorial Jurisdiction


Jurisdiction in Cyberspace

Enforceability of laws in cyberspace

Conflict of jurisdiction

Cyber crimes – whether extraditable?


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”.


…..Beyond the National Boundaries

• Rule of Law exists

• Underlines the concept of ‘one wired world’


Benefits of Having a Cyber Law Framework

• Sense of Security

• Moving up on the Value Chain

• Technological Advancement

• Global Recognition & Acceptance


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.


Thanks


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