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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Content
s:
Cyber Space Doctrinaire
Cyber Ethics
Cyber Jurisdiction
Hierarchy of Courts
Web Space
Web Development Agreement
Domain Names
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering
College, Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Jurisprudence
Jurisprudence of Cyber Law
Jurisprudence studies the concepts of law
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
because the question how law should view the cyber space,
should the cyber space be taken as a place, a means of
communication or a technological state of mind, is itself
debatable, in either case the reach of the space cannot be
measured in terms of length and breadth.
To put the questions of cyber jurisdiction more simply, let us
assume that Mr. X who resides in India, has purchased an online
book offered by Mr. Y residing in USA. How this transaction should
be viewed shall we consider the issue as if Mr. X went to USA or
shall we treat it as if Mr. Y has come to India? What is the case if
Mr. X downloads the entire book through net? Would this make
any difference with the previous issue etc appears to be mere
technical issues of jurisdiction but these questions have some
substantial jurisprudential significance, the quest to resolve
would lead to the crystallization of cyber space.
Traditionally the questions of jurisdiction are resolved under the
assumption that the mountains and trees will not change their
place, but in cyber space there are neither mountains nor trees.
Every thing in cyber space is variable and nothing is constant.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
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growth of doctrines in cyber law. Doctrines originate from the judicial pronouncements.
Legislation cannot create doctrine it can hardly recognize them. in development of
doctrines judicial pronouncements would do a lot. Doctrines are like formulae in pure
sciences, like (a + b) 2 = a2+2ab+b2. Similarly in case of Chemistry
H2+O H2O. For bringing out this mathematical and chemical formulae Scientists might
have made innumerable number of attempts on different combinations but once they are
evolved, the requirement for repeating all those combinations is not needed. For instance,
to know end result of the product of the sum of two variables, we simply substitute the
variables in the formula and resolve the problem which eventually reduces the labour and
consumption of time. Similarly, to apply a legal doctrine to a given instance would be like
substitution of facts into doctrine. For example: let us examine the following different
instances:
Mr. A, while driving his car at 90 km.p.h knocked down B a pedestrian, B filed a case in
Delhi High Court for compensation court gave its judgment in favor of B asking A to pay
50,000 Rs/- as compensation.
Mr. X, while driving his scooter at 60 km.p.h. knocked down Y a pedestrian, Y went
against X to the Calcutta High Court seeking compensation, court in this case resolved in
favor of Y and asked X to pay compensation of worth Rs. 15,000/.
Mr. S, while towing his moped at 5 km.p.h. knocked down L, L went against S to the
High Court of Punjab seeking compensation, court ruled in favor of L and awarded him
compensation of worth 1,00,000 Rs/.
If we analyze the given situations, all the cases are decided by different courts in different
times by different judges, against different parties, different circumstances and different
amounts of compensations, but still a common philosophy can be expounded, that is " the
quantum compensation in motor vehicle accidents should be evaluated from point of the
medical expenses and financial loss sustained, irrespective of gigantic structure of the
vehicle which caused injuries, negligence of the driver and the speed of the vehicle at the
time of meeting with accident". In all these cases the arguments about the hugeness of the
vehicle, speed of the vehicle might have come but still the criterion adopted is financial loss
and physical damage.
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Ethics
Cyber ethics refers to the code of responsible behavior on the Internet.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Ethics
1 Privacy
2 Property
3 Security
4 Accuracy
5 Accessibility, Censorship and Filtering
5.1
5.2
5.3
5.4
Freedom of Information
Digital Divide
Sexuality and Pornography
Gambling
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Jurisdiction
Jurisdiction, of course, defines three kinds of power: the power
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
exercise of jurisdiction.
1. The territoriality nexus holds that the place where an
offense is committed-in whole or in part-determines
jurisdiction.
2. The nationality nexus looks to the nationality or national
character of the person committing the offense to
establish jurisdiction.
3. The protective nexus provides for jurisdiction when a
national or international interest of the forum is injured by
the offender.
4. The universality nexus holds that a court has jurisdiction
over certain offenses that are recognized by the
community of nations as being of universal concern,
including piracy, the slave trade, attacks on or the
hijacking of aircraft, genocide, war crimes, and crimes
against humanity.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Hierarchy of Courts
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Web Space
Web space is the Internet space that you need to create a
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
2.WEBSITE DEVELOPMENT.
3.MODIFICATIONS.
4.WEB HOSTING.
5.PAYMENTS.
6.TERM AND TERMINATION.
7.PROVIDER WARRANTIES.
8.CUSTOMER COVENANTS.
9.DISCLAIMER
10. OWNERSHIP.
11. INDEMNITY.
12. CONFIDENTIAL INFORMATION.
13. LIMITATIONS ON LIABILITY.
14. GENERAL PROVISIONS.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Domain Names
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
identity. No two parties can ever hold the same domain name
simultaneously; therefore your Internet identity is totally unique. If
you have a business site on the Internet your domain name is your
own online brand and in a sense you can use your domain name as
your online business card. With your own domain name your web
site, and e-mail addresses for example will have that professional
look, being unique to your business. Many people often miss the
importance of having and then keeping their domain name until they
lose it. Once this happens they soon realize that they have lost their
whole online identity. How does a domain name work?
To understand why you need a domain name you first need to
Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur
Reference:
Internet
Wikipedia
Google
Webopedia
Thank You
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur