Computer-Ethics-and-Cyber-Laws( ) By Rajiv Phukan ( ) So utions to Chapter !

ne "uestions
1. Define computer ethics. Ans. The term computer ethics was coined in the mid 1970s by Walter Manor to refer to that field of applied professional ethics dealing with ethical problems aggravated transformed or created by human technology. !omputer ethics is the analysis of the nature and social impact of computer technology and the formulation and "ustification of the policies for the ethical use of such technology. !omputer ethics e#amine the ethical issues surrounding computer usage and the connection between ethics and technology. $t includes consideration of both personal and social policies for ethical use of computer technology. The goal is to understand the impact of computing technology upon human values minimi%e the damage that technology can do to human values and to identify ways to use computer technology to advance human values. 2. &#plain the four classifications of ethical issues. Ans. &thical issues can be classified into' Privacy issues' The privacy issues deal with the collection storage and dissemination of information about individuals. (or e#ample' What information about oneself should an employer reveal to others) What *ind of surveillance can an employer use on its employees) What things can people *eep to themselves and not be forced to reveal to others) What information about individuals should be *ept in databases and how secure is the information there) Accuracy issues' The accuracy issues deal with authenticity fidelity and accuracy of information collected and procured. The +uestions that need to be addressed in accuracy issues include' Who is responsible for the accuracy fidelity and accuracy of information collected) ,ow can we ensure that information will be processed properly and presented accurately to the users) ,ow can we ensure that errors in databases data transmissions and data processing are accidental and not intentional) Who is to be held responsible for errors in information and how should the in"ured party be compensated) Property issues' The property issues deal with ownership and value of information -intellectual property.. &#amples of issues that need to be addressed as property issues are' Who owns the information) What are the "ust and fair prices for its e#change) ,ow should one handle software piracy) /nder what circumstances can one use proprietary databases) !an corporate computers be used for private purposes) ,ow should e#perts who contribute their *nowledge to create e#pert systems be compensated) ,ow should access to information channels be allocated)

Accessibility issues' The accessibility issues concern with the right to access information and payment towards the same. These issues include' Who is allowed to access information) ,ow much should be charged for permitting accessibility to information) ,ow can accessibility be provided for employees with disability) Who will be provided with the necessary e+uipments for accessing information)

There is a need to address these four types of issues so that the computer and information technology business operates in an ethical domain. We must ensure that information technology and the information it handles is used to enhance the dignity of man*ind.

#$"s
1. What is cybernetics) Ans: !ybernetics is the science of communication and control within a biological economic or communication system. !ybernetics was developed by 0rofessor 1orbert Weiner during the 1920s and 1930s. The concepts of cybernetics led Weiner to draw some remar*able ethical conclusions about the technology that is now called information and communication technology. $n his view the integration of computer technology into society would eventually constitute the rema*ing of society which he termed as the 4second industrial revolution5. 2. What are the three levels of computer ethics) Ans: !omputer ethics +uestions can be raised and studied at various levels. &ach level is vital to the overall goal of protecting and advancing human values. 1. 6. 7. The first level tries to sensiti%e people to the fact that computer technology has social and ethical conse+uences. The second level consists of someone who ta*es interest in computer ethics cases collects e#amples clarifies them loo*s for similarities and differences reads related wor*s attends relevant events to ma*e preliminary assessments and after comparing them suggests possible analyses. The third level of computer ethics referred to as 8theoretical9 computer ethics applies scholarly theories from philosophy social science and law to computer ethics cases and concepts in order to deepen the understanding of issues.

3. What is meant by policy vacuums) Ans: 0olicy vacuum means lac* of a policy code or a law to govern a particular process or an act. !omputer ethics is a field that is often concerned with 4policy vacuums5. The law or the policy often fails to *eep pace with the fast changing technology related to computers and the $nternet. This results in a 8policy gap9 or 8policy vacuum9 as no policy or law e#ists to guide or govern a specific action.

Computer Crimes
-:eference' Dubey ; 0artners < =dvocates $ndia' !yber !rimes 4an unlawful act where in the computer is either a tool or a target or both5 > $n $ndian ?egal 0erspective. @ome of the e#amples of computer crimes are' CyberStalking' :efers to repeated acts of harassment or threatening behavior of the cyber criminal towards the victim by using $nternet services. @tal*ing often includes following the victim in chat rooms ma*ing harassing phone -WebAcomputer. calls etc.

Cybersquatting' !ybers+uatting refers to obtaining a domain name in order to see* payment from the owner of the trademar* -including business name trade name or brand name. and may include typosquatting -where one letter is different.. Data Diddling' This *ind of an attac* involves altering the raw data "ust before a computer processes it and then changing it bac* after the processing is completed. The 1ew Delhi Municipal !orporation -1DM!. &lectricity Billing (raud !ase that too* place in 199C is a typical e#ample of data diddling. The computer networ* was used for receipt and accounting of electricity bills by 1DM! Delhi. !ollection of money computeri%ed accounting record maintenance and remittance in the ban* were e#clusively left to a private contractor who was a computer professional. ,e misappropriated huge amount of funds by manipulating data files to show less receipts and ban* remittances. Cyber Defa ation' !yber defamation occurs when defamation ta*es place with the help of computers andAor the $nternet. =ny derogatory statement that is designed to in"ure a personDs business or reputation constitutes cyber defamation. Defamation can be accomplished as libel or slander. (or e#ample someone publishes defamatory matter about a person or organi%ation on a website or sends an e>mail message containing defamatory information to all of that person9s friends. !ro"an Attack' = Tro"an is an unauthori%ed program that runs from the computer of a user. Though unauthori%ed a Tro"an appears to be an authori%ed program and the user remains unaware about the true nature of this program. #orgery' !ounterfeit currency notes postage and revenue stamps and mar* sheets etc. can be forged by using sophisticated computers printers and scanners. $t is very difficult to control such attac*s. (or e#ample some people ma*e fa*e degrees of reputed universities and sell them to gullible students. #inancial Cri es' This includes cheating credit card frauds and money laundering. @uch crimes are punishable under the $ndian 0enal !ode -$0!. and the $nformation Technology -$T. =ct. = leading ban* in $ndia was cheated to the e#tent of 1.79 crores due to misappropriation of funds by manipulation of computer records regarding debit and credit accounts. $nternet !i e t%eft' This connotes the usage of $nternet hours by an unauthori%ed person. This *ind of cyber crime is unheard until the victim reports it. This offence is usually covered under $0! and the $ndian Telegraph =ct. &irus'(or Attack' = virus is a program that attaches itself to a computer or a file and then circulates to other files and to other computers on a networ*. Eiruses usually affect the data on a computer either by altering or deleting it. Worms unli*e viruses do not need the softwareAfile to attach themselves. They merely ma*e functional copies of themselves and do this repeatedly until they eat up all the available space on a computerDs memory. )* ail Spoofing' $t is a *ind of e>mail that appears to originate from one source although it has actually been sent from another source. This act is committed to defame a person or for monetary gain. (or e#ample = sends an e>mail message to B9s friends containing ill about him by spoofing B9s e>mail address. This can result in the souring of relations between B and his friends. )* ail +o bing' &>mail bombing means sending large amount of mails to the victim as a result of which the victim9s account or mail server crashes. The victims can be individuals organi%ations or the e>mail service providers. Sala i Attack' This is basically related to finance and therefore the main victims of this crime are the financial institutions. This attac* has a uni+ue +uality that the alteration is so insignificant that in a single case it would go completely unnoticed. (or e#ample a ban* employee inserts a programme whereby a meager sum of :upees 7 is deducted from customers account. @uch a small amount will rarely be noticed. ,eb -acking' This term has been ta*en from the word hi"ac*ing. =fter a website is web>"ac*ed the owner of the site looses all control over it. The person hac*er responsible for this act may even alter or destroy any information on the site.

Cyber Crime
The !ambridge dictionary defines 8cyber crime9 as crimes committed with the use of computers or relating to computers especially through the $nternet. /niversally cyber crime is understood as Fan unlawful act wherein the computer is either a tool or a target or both. !yber crimes are different from

conventional crimes. ,ere the crime is committed in an electronic medium and the element of mens rea -intention to cause harm. is that the offender must have been aware at the time of causing the computer to perform the function that the access thus intended to be secured was unauthori%ed. The $T =ct of $ndia labels the following acts as cyber crimes' Tampering with computer source documents ,ac*ing with a computer system 0ublishing information that is obscene in the electronic form !hild pornography 0ublishing information that is obscene in an electronic form -subse+uent offence. (ailure to assist in decryption of information @ecuring or attempting to secure access to a protected system Misrepresentation of facts or identity Breach of confidentiality and privacy 0ublishing false digital signature certificates 0ublishing digital signature certificates for fraudulent purposes

Emp oyee %onitorin&' $ Socia and Ethica (ssue at )orkp ace

&mployee monitoring refers to trac*ing the actions of an employee. ,ow much of such monitoring should be considered ethical and what should be treated as private information is a ma"or issue that needs to be addressed. (or e#ample the employer can monitor the data entry process indulge in phone trac*ing and even trac* personal e>mail web surfing and voice mail. This can be done by *eystro*e records which can be used to determine if +uotas are met or employee is on tas*. The employer can also trac* phone calls and record voice mail data to determine customer satisfaction and proper use of phone resources. Many times employees are given magnetic badges that trac* the movement of the employee in the organi%ation. &ven going to the restroom is trac*ed. The global positioning system which is often used by transport companies can trac* the vehicles and the employee9s driving speed and driving habits. Gften employee monitoring is useful to find crucial business information when the employee is not available. $t is also used to protect proprietary information and to prevent or investigate possible criminal activities. &mployee monitoring also help reduce personal use of employer9s facilities and chec*s for violations of company policy. $t is also useful while investigating complaints of employee harassment and chec*s for illegal software. ,owever *eeping a strict monitoring creates lac* of trust reduces wor*force productivity and demotivates employees. What is important is to maintain an optimal balance as to how much and how far employee monitoring is ethical.

*ata %inin&
Data mining is the application of algorithmic methods for *nowledge discovery in vast amounts of data. Many organi%ations trac* and capture information about their users usage history resources and search patterns. Gthers may collect information about social status capacity to spend and educational +ualification. These details may be sold to other organi%ations which may analy%e this data to strengthen mar*eting efforts of a third organi%ation. !omputer ethics dictate that these organi%ations must tell people how their information will be used when the data is obtained. (or e#ample it may be ethical to use clinical profile data of patients undergoing treatment to diagnose and choose treatments for a medical problem. The data may be analy%ed to see if a particular race or ethnicity is more prone to a specific medical problem. But analy%ing the same data to decline medical insurance to the vulnerable race is unethical.

)hist e B owin&

There are situations where the employee may feel the brunt of overt wrongdoing of the employer -that is involving specific acts that are either illegal or immoral.. Gr there can be instances where the employee may suffer due to the negligence of the employer or any other employee. The employee may choose to disclose these actions or nonactions to the public. When the employee does so it is termed as whistle blowing. 1orman & Bowie professor and philosopher -19H6. defines whistle>blowing as Fthe act of an employee informing the public on the immoral or illegal behavior of an employee or supervisor.F @issela Bo* writer and philosopher -1997. defines whistle blowing as an act in which one Fma*es revelations meant to call attention to negligence abuses or dangers that threaten the public interest.F $s it right to blow the whistle or does it destroy the employer>employee trust what should be the right time to blow the whistle) =ll these are ethical and social +uestions that need to be addressed by computer ethics e#perts. (or e#ample one could argue that failing to blow the whistle in the &nron case resulted in thousands of individuals losing their retirement savings.

Computers and Privacy' (ssue o+ %atchin&

!omputer data mining or computer matching can violate our informational privacy -control of information about ourselves. by serving as the means for the construction of databases about our income purchasing habits religious and political affiliations and maybe even se#ual preferences. This is often done through 4matching 5 in which apparently unrelated information from several sources is put in a single data ban*. (or e#ample your credit and employment records criminal or traffic violations and other records can be combined into a composite picture. Defenders of matching say that the merged or comprehensive files do not contain any new information. But those against it say that this is a case where the whole is greater than the sum of its parts. $t is an invasion of privacy.

Privacy ,ersus Socia -ti ity

Iames :achels a member of the philosophy faculty at /=B argued that informational privacy is necessary in order to control the intimacy of our relationships with others. !omputers can give relative strangers the *ind of information you would want only your closest friends to have. The advocates of rights>based approach 8our rights to be presumed innocent until proven guilty9 should be respected. Many thin* computer matching or data mining violates this right. Matching identifies -among other things. people who might be guilty of wrongdoing before there is any evidence against them.

(nternationa Le&a (nstruments .overnin& (nte ectua Property Ri&hts

The importance of intellectual property in $ndia is well established at all levels' statutory administrative and "udicial. $ndia ratified the agreement establishing the World Trade Grganisation -WTG.. This agreement contains an =greement on Trade :elated =spects of $ntellectual 0roperty :ights -T:$0@. which came into force from 1 st Ianuary 1993. $t lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are re+uired to promote effective and ade+uate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. The obligations under the T:$0@ =greement relate to provisions of minimum standard of protection within the member countries legal systems and practices. :eference -http'AApatentoffice.nic.inA. The agreement provides for norms and standards in respect of the following areas of intellectual property' !opyrights and related rights Trademar*s Jeographical indications $ndustrial designs ?ay out designs of integrated circuits 0rotection of undisclosed information -trade secrets. 0atents 0lant varieties

So utions to Chapter /wo "uestions

1. &#amine the social and ethical issues arising out of the presence of computers in the wor*place. Ans. The social and ethical issues that can arise out of the presence of computers in the wor*place are' !ask Auto ation' =t wor*place computers have become universal tools that can in principle perform any tas* and hence pose a threat to "obs. They are far more efficient than humans in performing many tas*s. Therefore economic incentives to replace humans with computeri%ed devices are very high. $n the industriali%ed world many wor*ers doing "obs as ban* tellers autowor*ers telephone operators typists and graphic artists have already been replaced by computers. &ven professionals li*e medical doctors lawyers teachers accountants and psychologists are finding that computers can perform many traditional duties performed by wor*ers and professionals. Gn the other hand the computer industry has generated a wide range of new "obs in the form of hardware engineers software engineers system analysts webmasters information technology teachers and computer sales cler*s. &ven when a "ob is not eliminated by computers the "ob profile could be radically altered. =n airplane pilot may be assisted by computers to ma*e choice about the best landing times and air corridor selection. @o "ob gains and losses are to be viewed in the conte#t of the society we live in. .ealt% and Safety' =nother wor*place issue concerns health and safety. Gften radiation from machines repetitive in"uries and posture related problems are common at computer dominated wor*places. =nother concern is poisonous non biodegradable computer waste which is causing a ma"or threat to the environment. When information technology is introduced into the wor* place it is important to consider the li*ely impact upon health and "ob satisfaction of wor*ers who will use it. The advent of stress in the wor*place due to the introduction of computers is becoming more and more evident. ) ployee /onitoring' =nother ma"or concern is the employee monitoring or surveillance by the organi%ations using sophisticated computer driven technology. @ome amount of monitoring may be vital for protecting the interest of the employer and to increase productivity but e#cess of such surveillance can becomes unethical.

2. Discuss the impact of globali%ation on computer ethics. Ans. The fast pace of globali%ation and creation of global and cyber mar*ets has given computing a new meaning. Bynum and :ogerson -199C. have suggested the use of the e#pression FJlobal $nformation &thicsF to describe the impact of globali%ation on computers ethics. Gthers -see van den ,oven $ntrona Iohnson and 1issenbaum 1999. have used the e#pression F$nformation !ommunications Technology &thicsF or $!T &thics to attempt to capture the convergence of information>related and communications>related ethical issues in a global conte#t. Jlobal networ*s li*e the $nternet and especially the World Wide Web -WWW. are connecting people all over the globe. &fforts are on to develop mutually agreeable standards of conduct and efforts to advance and defend human values. Jlobali%ation has led to the discussion of the following issues' 0lobal 1a(s' Gver 600 countries are already interconnected by the $nternet. Jiven this situation what is the effect and impact of the law of one particular country on the rest of the world) $ssues regarding freedom of speech protection of intellectual property invasion of privacy vary from country to country. The framing of common laws pertaining to such issues to ensure compliance by all the countries is one of the foremost +uestions being debated. 0lobal Cyber +usiness' Technology is growing rapidly to enable electronic privacy and security on the $nternet to safely conduct international business transactions. With such advanced technology in place there will be a rapid e#pansion of global cyber business. 1ations with a technological infrastructure already in place will en"oy rapid economic growth while the rest of the world will lag behind. This disparity in levels of technology will fuel political and economic fallout which could further widen the gap between the rich and the poor.

0lobal )ducation' $ne#pensive access to the global information net for the rich and the poor ali*e is necessary for everyone. ,owever the impact of this sudden and global education on different communities cultures and religious practices is li*ely to be profound. The impact on lesser *nown universities would be felt as older well>established universities begin offering degrees and *nowledge modules over the $nternet.

#$"s
1. What is the principal purpose of copyright laws) Ans: The basic purpose of the copyright law is to e#tend protection to the wor* of an author of original wor* against the unauthori%ed appropriation of that wor* by others. 2. ,ow long does a copyright protection last) Ans: The copyright protection lasts for the period provided by national law of the country to which the owner of the copyright resides. ,owever according to the Berne convention the minimum period for which the right vests with the owner of the wor* is 30 years. This term is calculated from the end of the years of the author9s wor*. ,owever nowadays most countries are prolonging this period and for countries of the &uropean economic area and in the /nited @tates the term has already been e#tended to 70 years from the end of the year in which the author died. 3. What is the basic purpose of granting patent rights) Ans: 0atent rights provide a reward for the creation and development of an invention. 0atent protection encourages creativity and promotes development of new and innovative products which are useful for the public. 2. =re there things that cannot be patented) Ans: Things that are usually not patentable are things that e#ist in nature which are discovered and not invented. (or e#ample a new river or a new land discovered cannot be patented. 3. What is the name of the oldest international convention concerning copyright) Ans: The Berne !onvention is the oldest international convention governing copyright. Berne convention was the first convention that defined the term Dliterary and artistic wor*sD and is still the basis of all copyright laws.

%ens Rea
Mens rea in ?atin means 4defendant9s mind9. $t refers to a state of -guilty. mind of the accused at the time when the actus reas -or the act of the crime. is committed. To prove a person guilty of criminal offence -in most cases e#cept strict liability cases. it is essential that mens rea and actus reas -guilty act. must e#ist at the same time. (or e#ample if dacoits loot a ban* they *now that their act will deprive the rightful owner of the money stolen from the ban*.

*i&ita *ivide

Digital divide is an e#pression that was used by government advisor Dr. @imon Moores in a 199C BB! television interview. The digital divide is the socio>economic difference between communities in their access to computers and the $nternet. The term also refers to gaps between groups in their ability to use $nformation and !ommunications Technologies -$!T. effectively due to differing literacy and technical s*ills and the gap in availability of +uality and useful digital content. The divide is seen as a socialApolitical problem. $t became an issue among concerned parties such as scholars policy ma*ers and advocacy groups in the late 1990s. :eference -Wi*ipedia en.wi*ipedia.orgAwi*iADigitalKdivide.htm. The problem of digital divide is often discussed in an international conte#t. $t highlights how certain developed countries are far more e+uipped to reap the benefits of the $nternet than other developing countries. $t is said that today is the age of information. The person who has information is the most powerful. ,owever this digital divide can potentially *eep the societies and populations away from current and updated information. This can impact their livelihood options *eep them away from good "obs and deprive them of the chance to participate and contribute in the affairs of the national and international society. (or some sections of the population technology brings the promise of inclusion opportunity and wealth for others greater isolation and increased poverty. @ome of the factors that can contribute to access -or lac* thereof. to computers and information systems include whether the country is a developed developing or an underdeveloped country. The individual wealth age gender ethnic bac*ground and socio>political situation of the country are also important in defining the access to computers. The net activists stress the need to ma*e the $nternet and computer technology accessible to all. Gn the other hand critics say there is no point spending huge money to ma*e the $nternet reach a population who has no significant potential use for it. $n $ndia we believe that the $nternet and computer technology should be accessible to all even in rural and remote villages. $ndia has been able to bring down this digital divide because of' /ser friendly polices ma*ing $nternet reach villages by setting up $nternet *ios*s 0ublic>private partnerships to connect the entire country &asier to use technology Women entering the computer domain @chools and families allowing web access

0eti1uettes
0rofessor Deborah J. Iohnson of /niversity of Eirginia in 1997 suggested that there are three general ethical principles that promote acceptable behavior in the virtual society. These are' Lnow the rules of the online forums being used and adhere to them :espect the privacy and property rights of others Do not deceive defame or harass others

$t is often helpful to clearly define and categori%e the *inds of behavioral issues that parents and educators must deal with when their children or students go online. The following is a preliminary classification system of these issues' 4espect for Property' :espect for property issues include system security issues such as computer hac*ing and respect for intellectual property rights such as copyrights. 4espect for !erritory and Privacy' :espect for territory and privacy issues also include system security issues as well as the dissemination andAor gathering of private information. 4espect for 5t%ers and Co on Courtesy' :espect for others involves respectful communication and the avoidance of irresponsible speech. $rresponsible speech includes defamation harassment flaming Aabusive language and spamming. = related problem is the use of e>mail forgery to disguise the source of the irresponsible speech. 4espect for $nstitution' $f an organi%ation ta*es an $nternet account for a specific purpose then the account should be used only for that defined purpose only. This builds up respect for the organi%ational values. The activities that are permitted through a particular $nternet account may be

restricted due to the source or institution providing that account such as limited purpose accounts provided by educational institutions and business or government employers. 4espect for Self' :espect for self issues include those activities that generally do not have an impact on others but can be in"urious to the self such as addiction personal safety and FgarbageF activities such as unnecessarily spending time on online gaming or auction sites or visiting websites that display adult material. Gften addiction to such sites is a common phenomenon.

:eference -Moral Development in the $nformation =ge by 1ancy Willard /niversity of Gregon !ollege of &ducation. @ome simple guidelines to online civil behavior are as follows' $n general do not waste other peopleDs time be disruptive or threaten. Do not ta*e up networ* storage space with large unnecessary files. These should be downloaded. Do not loo* at other peopleDs files or use other systems without permission. When "oining a bulletin board or discussion group chec* the (re+uently =s*ed Muestions -(=M. file before as*ing +uestions. :emember that online communications lac* the nuances of tone facial e#pression and body language. Write clearly. Try to spell correctly and use good grammar. =dd emoticons. &moticons are online means to e#press gestures and emotions. Do not @,G/T needlessly. !apital letters are the online e+uivalent of shouting. /se asteris*s to give emphasis but do so NsparinglyN. @ign messages and include an e>mail address when writing to strangers "ust in case a messageDs header is lost. 0ersonal attac*s or complaints are called flaming. Be discriminate. (laming can turn into flame wars and disrupt discussion groups. 0eople who become too obno#ious can be banned from a system or simply ignored. = F*ill fileF will automatically erase messages sent from a person who has become intolerable.

:eference -Margaret ?ynch Department of Jeography /niversity of Te#as =ustin 1992.

*eonto o&ica Ethics

The Jerman philosopher $mmanuel Lant formulated the famous deontological theory. ,e advocated that particular *inds of acts which are inconsistent with the status of a person as a free and rational being are morally wrong. These tas*s should not be carried out under any circumstances whatsoever. !onversely if any tas* furthers the status of people as free and rational beings the tas* must be carried out under any circumstances whatsoever. Deontological moral systems are characteri%ed primarily by a focus upon adherence to independent moral rules or duties. Thus in order to ma*e the correct moral choices we simply have to understand what our moral duties are and what correct rules e#ist which regulate those duties. When we follow our duty we are behaving morally. When we fail to follow our duty we are behaving immorally.

/e eo o&ica Ethics
The word teleology comes from the Jree* word telos which means end and logos which means science. Thus teleology is the Fscience of ends.F Teleological theory puts emphasis on the conse+uences of actions. Therefore they are also referred to as 4conse+uentalist5 moral systems. To ma*e correct moral choices one has to imagine and understand the probable conse+uence of an action -or non action.. The results of an action should dictate the choices of a person. When one ma*es choices which result in the correct conse+uences then the actions are moral actions. $f the results bring about incorrect or inappropriate conse+uences then one has acted immorally.

/ypes o+ Prob ematic Behavior

There are a number of problematic behaviors possible at the wor* place. These include mista*es -deliberate or honest mista*es. unethical behavior noncompliance and misconduct. Because the systems

for dealing with misconduct have become more formali%ed increasing attention has been given to the definition of misconduct. Many times the categories overlap and several gray areas e#ist. $t is often difficult to compartmentali%e the problematic behaviors because of the increasing difficulty of differentiating between innocent mista*es dubious professional behavior and misconduct. -:eference' @cientific &thics By 0atricia =. Bolton. $n general we can classify problematic behavior into the following categories' .onest istakes' ,uman beings can ma*e inadvertent mista*es of various *inds during design scripting logging data entry and so forth. &rrors in interpretation of information or data might also fall into the category of honest mista*es. ,onest errors and errors resulting from the careless or causal e#ecution of wor* can be corrected if the mista*e is discovered by the relevant entities or the reviewers. ,owever it is desired that these mista*es are not replicated or repeated. 6net%ical be%avior' 1orms in the scientific community define acceptable and unacceptable practices. Teich and (ran*el -1996'2. provide e#amples of behaviors that are not condoned but are in 4gray areas'5 &#amples of such behavior include' $mproprieties of authorship such as duplicate publication of a single set of research results or fractional publication 4Jift5 or 4honorary5 authorship $ncomplete citation of previously published wor* Bias in peer review of proposals or manuscripts @*ewed selection of data or results to hide or disguise observations that do not fit the author9s conclusions. 7onco pliance (it% legal or contractual require ents' 1oncompliance generally refers to failures to follow practices dictated by law. 1oncompliance with such re+uirements may e#pose an employeeAemployer or an institution to legal sanctions. There are a number of regulatory re+uirements associated with information technology scientific wor* and research wor*. 0rofessionals are accountable to institutional review committees on scientific or research topics and generally need approval for their wor* that can affect the public nation or the national security. $n addition the wor* may prove to be potentially dangerous and can affect the lives of many. (or e#ample in case of scientific research handling of dangerous materials is regulated. :esearch in recombinant D1= is also regulated. Data encryption is regulated in transfer of information by using the $nternet. $n addition some research contracts may re+uire the research institution to have stringent procedures for protecting data and information. This is particularly true for organi%ations involved in applied research and technology development or persons who conduct research in classified areas such as national security. Deliberate deceit 8scientific isconduct9' $n general deliberate deceit is the central defining criterion for scientific misconduct with erroneous information resulting from a deliberate attempt to be dishonest. Dishonesty can occur in the form of forged or fabricated data falsified or invented results and plagiarism. Gf course only the outcome of such behavior and not an individual9s motives can be observed in most instances. @o a scientist or a professional being accused of such behavior may claim it was an innocent mista*e rather than intentional dishonesty. !areful investigation of the record of research often provides the basis for distinguishing between deliberate deceit and other less serious errors.

The 1ational =cademy of @ciences -1=@ 1=& and $GM 1996. classifies misconduct into three broad categories' 0rofessional Misconduct -such as bad mentoring and authorship disputes. Jeneral Misconduct -such as embe%%lement and se#ual harassment. and :esearch Misconduct -such as creating a software loaded with intentional bugs or ta*ing an inappropriate sample si%e.. @ources of these problematic behaviors vary from carelessness to deliberate attempts to misleading the audience. Theoretically many are correctable by self>regulation.

So utions to Chapter /hree "uestions

1. Discuss the distinct features of the $nternet. Ans.

The $nternet has three distinct features' 0lobal Scope' The $nternet has a global reach. $nternet technology has much broader scope and access than conventional modes of communications and data retrieval. With little effort a user can reach hundreds and thousands of individuals around the globe. The ability to reach many people +uic*ly and easily is not e#actly new or uni+ue compared to radio or television communication. But the significant difference between the $nternet and television and radio is that in the case of radio and television communication is in most cases one way whereas in the case of $nternet it is interactive. $t is this interactivity which is the uni+ue characteristic of the $nternet. 1ot "ust interactivity customi%ability easy usability and accessibility are also distinct features of $nternet. Anony ity' The second important feature of the $nternet is that it provides a certain *ind of anonymity. Gn the $nternet individuals have the possibility of creating a different profile ensuring that information about them cannot be traced while in communication with others on the $nternet. $t is a silent feature of $nternet communication and people can deliberately avoid seeing or hearing one another directly. =nonymity ma*es accountability for one9s action difficult to achieve and tends to diminish trust in the information that is being e#changed. The feature of anonymity has also facilitated the development of 4virtual information5. The open and anonymous nature of communications on the web has led to the development of software with stealth to gather information intelligently. =n inference is made from information gathered without our *nowledge or consent which is termed as 4virtual information5. This type of information adds information to a person9s profile and tends to redefine a person9s digital persona. This is an invasion of one9s 4virtual privacy5. 4eproducibility' The third feature is not "ust a feature of the $nternet but of information technology in general. &lectronic information e#ists in the form that ma*es it easy to copy without any loss of originality or value in the process of reproduction. !opied data or software is perfectly usable. !opied data or software leaves no evidence behind and the creatorAowner of the data or software could remain unaware of their wor* being copied. :eproducibility facilitates anonymity.

2. What are the fundamental conceptions regarding the evaluation of individual actions) Ans. $n the history of moral philosophy two fundamentally different and mutually e#clusive conceptions of the moral evaluation of individual actions are prevalent' Gne approach or school of thought believes that it is important to e#amine an issue under independently "ustified principles of what one considers being right. The idea here is to follow the principles that articulate what is morally right irrespective of the conse+uences. This is referred to as 4deontological5 approach. $n this approach one starts out with one or more moral principles and see how they apply to particular cases. The other school of thought believes that it is important to loo* for the course of action that ma#imi%es the good. This approach involves determining which action yields the best conse+uences measured in some standard of the 4good5 or 4morality5. This approach referred to as 4teleological5 approach involves deciding on what is good for population. $t also spells out what is wrong with actions that interfere with attempts to get it.

#$"s
1. What is teleological theory) Ans: Teleological approach involves framing what is good for users and spells out what is wrong with actions that interfere with attempts to get it. What is good could be conceived of in terms of happiness basic needs shares of primary goods desires etc. 2. Do you *now how many $ndian9s use the $nternet)

Ans: =ccording to $nternetworldstats.com by December 71 6003 the total $nternet users in $ndia were about 30 C00 000. This is appro#imately 2.3 percent of the $ndian population. $ndia features fourth in the top 60 countries with highest number of $nternet coming ne#t only to /nited @tates !hina and Iapan. =ccording to the $nternet and Gnline =ssociation of $ndia the $ndian $nternet population is e#pected to grow to 100 million by 6007. 3. When was the $nternet launched in $ndia) Ans: The state>owned Eidesh @anchar 1igam ?imited -E@1?. launched $nternet services in $ndia in =ugust 1993. (or the first four years E@1? was the sole provider of $nternet services in the country. $n 1ovember 199H the Jovernment ended E@1?9s monopoly and allowed provisioning of $nternet @ervices by 0rivate Gperators. :eference -$nternet @ervice 0roviders =ssociation of $ndia. !hapter (our < = 0rofessional9s !ode of &thics

Criticisms o+ Ethica Codes

$t has been argued by ?add -1993. that ethical codes rest on a series of confusions that are both Fintellectual and moral.F ,is argument has three main points' &thics is basically an Fopen>ended reflective and critical intellectual activity5. !odes introduce confusions with respect to micro>ethics versus macro>ethics. Jiving codes a disciplinary function ma*es them more li*e legal than ethical rules.

Some Stren&ths and )eaknesses o+ Pro+essiona Codes

The strengths and wea*nesses of professional codes are summari%ed in the table below. Strengths Codes inspire the members of a profession to behave ethically. Codes guide the members of a profession in ethical choices. Codes educate the members of a profession about their professional obligations. Codes discipline members when they violate one or more of the codes directives. Codes sensitize members of a profession to ethical issues and alert them to ethical aspects they otherwise might overloo . Codes inform the public about the nature and roles of the profession. Codes enhance the image of a profession in the eyes of the public. Weaknesses Directives included in many codes tend to be too general and too vague. Codes are not always helpful when two or more directives conflict. A professional codes directives are never complete or exhaustive. Codes are ineffective in disciplinary matters. Codes do not help us distinguish between micro!ethics issues and macro!ethics issues. Directives in codes are sometimes inconsistent with one another. Codes can be self!serving for the profession. "he codes can be formulated to meet the needs of only the professionals but not the public.

#trengths and $ea nesses of %rofessional Codes

Case o+ 2i er Robot
:ichard J. &pstein Westchester /niversity of 0ennsylvania Westchester wrote a case of Liller :obot and discussed the +uestion of computer and software ethics through a series of articles. This fictitious scenario is used widely by the academia to teach elements of software engineering and computer ethics. The scenario consists of nine such fictitious articles each one of which touches a specific issue in software engineering and computer ethics. The articles begin with the indictment for manslaughter of a programmer who wrote faulty code that caused the death of a robot operator. Gver a series of articles other facts and actions that contributed to the accident are revealed. The idea is to tell students that software development and computer ethics are social processes. The articles also touch upon programmer psychology team dynamics user interfaces software process models software testing nature of re+uirements software theft and privacy. The articles also try to initiate a discussion as to when should a software program be called as 4good enough5 for commercial or intended usage. This scenario is about 70 pages long and includes some tongue>in>chee* humor. :eference -http'AAonlineethics.orgAcasesArobotArobot.html.

Ethica *ecisions /heories

The code of ethics is based on three theories. These are' 6tilitarianis t%eory' This theory considers ethical issues and its relationship to individuals. $t purports that the decision ma*ing process should be based on analysis in terms of ma#imi%ing the benefits to ma#imum number of people. $n other words ma*e a decision based on what benefits the most number of people. The principle behind the theory is termed as Fthe greater good of the most peopleF. Pluralis t%eory' This theory believes there are two options in an ethical issue right and wrong. 0luralism theory emphasi%es that everyone has a duty to ma*e "ust decisions. Gne must ma*e ethical decisions based on their duty and never brea* away from the decision>ma*ing duty. 0luralism theory promotes that no one should ever lie. $f you have a duty to spea* the truth you should. 4ig%ts*based t%eory' This theory supposes that everyone has rights and these rights must be respected. $ndividual and group decisions must be based on respecting individual rights. This is the most novel theory and is widely popular.

Ethica .uide ines +or Computer Pro+essiona s

There are professional codes for computer professionals developed by professional bodies such as =ssociation for !omputing Machinery -=!M. and &lectrical and &lectronics &ngineers !omputer @ociety -$&&& !@.. Gne such e#ample is 4@oftware &ngineering !ode of &thics and 0rofessional 0ractice5. &thical behaviors e#pected of the computer professional include' ,onesty and fairness :espect for confidentiality Maintaining professional competence /nderstanding relevant laws :especting and protecting personal privacy =voiding harm to others :especting property rights

@ome additional guidelines for computer professionals as laid down by @ara Baase of @an Diego @tate /niversity include' 6nderstand Success' /nderstand what success meansOdevelopers -especially. and users of computer systems must see beyond simply writing code to complete a tas*. Design for 4eal 6sers' To provide useful systems real users must be included in the design stage. !%oroug% Planning and Sc%eduling' 0ay attention to detailsOdo a thorough and careful "ob when planning and scheduling a pro"ect and when writing bids.

!est ,it% 4eal 6sers' To provide safe systems real users must be included in the testing stage. )valuate 4e*use of Soft(are' Do not assume that the e#isting software is safe and re>usable. Candidness' Be open and honest about capabilities safety and limitations of the software. Protect * :e+uire a convincing case for safety.

-@ource' = Jift of (ire' @ocial ?egal and &thical $ssues for !omputers and the $nternet -6nd &dition. by @ara Baase @an Diego @tate /niversity.

So utions to Chapter #our "uestions

1. ,ow do professional codes address issues from the viewpoint of computing profession) Ans. The code of ethics provides a basis to address issues from the viewpoint of the computing profession. These codes address issues from the viewpoint of computing profession by imposing three levels of ethical obligations which are to be followed by the professionals' The first level is a set of ethical values such as integrity and "ustice which professionals share with other human beings by virtue of their shared humanity. !ode statements at this level are statements of aspiration that provide vision and ob"ectives. The second level obliges professionals to more challenging obligations than those re+uired at the first level. =t the second level by virtue of their role as professionals and their special s*ills they owe a higher degree of care to those affected by their wor*. &very type of professional shares this second level of ethical obligation. !ode statements at this level e#press the obligations of all professionals and professional attitudes. They do not describe specific behavior details but they clearly indicate professional responsibilities. The third level comprises several obligations that derive directly from elements uni+ue to the particular professional practice. !ode elements at this level assert more specific behavioral responsibilities that are more closely related to the state of art within the particular profession. The range of statements is from more general aspirational statement to specific and measurable re+uirements. 0rofessional code of ethics needs to address all three of these levels.

2. ,ow is a professional code categori%ed) Ans. 0rofessional code can be categori%ed into' Code of )t%ics' !ode of ethics is more aspirational. They are mission statements emphasi%ing the professional ob"ectives and vision. Code of Conduct' !ode of conduct is more oriented towards the professional9s attitude. They do not describe in detail how to carry out a particular action bur they ma*e clear the issues at sta*e in different speciali%ed fields. Code of Practice' !ode of practice on the other hand fi#es some accepted state of art -Berleur 199C. and relate to current operational activities.

#$"s
1. What is 8Mom Test9) Ans: @everal informal guidelines have been devised to help computer professionals ma*e ethical decisions. Mom Test is one such informal guideline or test. $t helps +uic*ly evaluate a situation in an attempt to resolve an ethical dilemma. Mom Test as*s you to thin* if you would be able to tell your mother what you did) $f yes the decision may be ethical. $f no the decision is definitely unethical. (or e#ample if one uploads pornographic material on the university website or writes a piece in vulgar language will the person be comfortable telling hisAher mother -or some other persons heAshe respects. about the act or will hide it from her -them..

2. What is 8Gther 0erson9s @hoe Test9) Ans: This is also an informal test the answers of which can be answered by you without disclosing them to any one. This test as*s you to imagine the conse+uences of the actions if the roles are reversed. $t as*s you to imagine that you are in the other person9s shoe. 1ow would you be happy if the act were done to you) $f you would not want the role reversal to happen or feel the brunt of conse+uences then there is probably something wrong in your decision or act. 3. What is cyber>terrorism) Ans: !yber>terrorism is the use of computing resources to intimidate or coerce others. =n e#ample of cyber>terrorism could be hac*ing into a hospital computer system and changing someoneDs medicine prescription to a lethal dosage as an act of revenge. 2. What is Denial of @ervice -Do@. attac*9) Ans: Do@ attac* is an act by the criminal who floods the bandwidth of the victim9s networ* or fills his e>mail bo# with spam mail depriving him of the services he is entitled to access or provide. $n short Do@ attac* is a type of attac* on a networ* that is designed to bring the networ* to its *nees by flooding it with useless traffic. Many Do@ attac*s such as the %ing of Death and "eardrop attac s e#ploit limitations in the T!0A$0 protocols. (or all *nown Do@ attac*s there are software fi#es that system administrators can install to limit the damage caused by the attac*s. But li*e Eirus new Do@ attac*s are constantly being dreamed up by ,ac*er. :eference -!yber !rime $nvestigation !ell Mumbai http'AAwww.cybercellmumbai.comA cyber>crimesAdenial>of>service>attac*.

So utions to Chapter #ive "uestions

1. &>!ommerce is the new mantra of business. &#plain. Ans. &>!ommerce is the use of the $nternet to buy and sell goods and services. &>!ommerce is changing the way in which organi%ations do business resulting in streamlined purchasing processes and lowering the cost of transacting business for both large and small companies. &>Business helps in improving the way the business is conducted with the government customers and other businesses. &>mail can be used in businesses to communicate with suppliers. $t can also be used for responding and receiving the customer +ueries. (or e#ample e>mail can be used to accept orders from the customers. The customers can also ma*e the payments online and get the information regarding the products available along with their price. $nternet can also be used by businesses for managing their records and they can ma*e use of electronic boo**eeping. =n on>line ban*ing service is another area which can be used by the businesses. These services can be used for funds transfer payroll management and electronic bill payment. 2. Describe the nature and features of the $nternet. Ans. = networ* of networ*s is called as an $nternet. $n this the computers systems are connected with each other in a local area networ*. They are also connected to computers on a national and $nternational scale. The fiber>optic cable twisted > pair copper wire microwave transmission or other communication

medias are used for connecting each node which is a part of the web. = set of rules is followed when the computers on the web communicate with each other. These rules are called as $nternet 0rotocols. $n this type of communication the $nternet acts as a pac*et switched networ*. The data that needs to be transmitted is bro*en down into smaller pac*ets. The address of the final destination is attached with the pac*ets. These pac*ets may follow different route from computer to computer until their final destination. =t the final destination the recipient machine reassembles the pac*ets. The lin*s available in the $nternet can be used by the $nternet users to retrieve various types of information. When the user sends a re+uest the re+uest is forwarded to the remote server where the addressee is housed. $n case the information supplied is right a response is send bac* and the user is bale to retrieve the information that they can access. Different types of information such as graphics sound and animated te#t can be retrieved with the use of $nternet. 3. Discuss the impact of the information technology revolution on society. Ans. The ama%ing growth of information technology has implications for every aspect of society. @o far there is little research that reveals how technology has and will continue to change the dynamics of society and the nonprofit sector. (ollowing point elaborate how information technology affects various sections of society' The nonprofit sector is e#periencing an organi%ational version of the Fdigital divideF>the technology gap between large and small nonprofits. ,ardware software and technical assistance are not enough to close the divideP strategic planning and staff time are also essential. The true impact the $nternet will have on society is in Fbuilding community F bringing together groups of citi%ens who are united by shared values wor*ing for the public good often spanning international lines. Grgani%ations that use technology well are usually mar*ed by strong support from the e#ecutive director support from the board and the presence of a F*ey userF staff person. The $nternet enables an organi%ation to strengthen relationships with its current audiences as it enables targeted fast and consistent communication. $t can also enable nonprofits to reach out to new audiences through effective use of search engines and Fviral mar*etingF. @trategic use of technology is li*ely to re+uire long>term collaborations with for>profit and nonprofit partners.

Technology can be used to mobili%e people globally around a common cause to achieve world>changing results far beyond the promise of enabling nonprofit organi%ations to perform important functions such as fundraising and recruiting volunteers more effectively. 2. There is no ne#us between cyber space and real space. !omment. Ans. There is the difference between the business rules for online commerce and carrying business in the real space. Much of this difference comes from $nternetDs telepresence features. This feature renders the networ* technologically indifferent to physical location. The networ* is very insensitive to geography. $t is not possible to determine the physical location of a user or a resource. $n real space locating a person or entity with which business is interacting is much easier. $n the cyberspace to *now the location of the partners with whom you are interacting is very difficult to *now. $n some instances even an $nternet address tells something only about the location of a given machine. There is no way to find the information about the actual user.

#$"s
1. ,ow does the cyberspace impact the society) Ans:

!yberspace has evolved as a place for leisure and educational activities and it is also the focal point for many new forms of social interaction. The greatest impact of cyberspace on the society relates to it being the site of a Fnew industrial revolutionF in terms of commercial activity wor* patterns and the development manufacture and consumption of many new virtual products such as software information and visual imagery etc. 2. Why is cyberspace loo*ed upon as a legal nightmare) Ans: The characteristics of the internet that have enabled the Findustrial revolutionF for e#ample its instantaneity of the internet and its lac* of respect for borders also challenge traditional forms of legal regulation. $n addition as information technology rapidly shapes our private public and commercial lives it creates some interesting new challenges for the law and its enforcement. $n short cyberspace has the potential to be a legal nightmare.

So utions to Chapter Si3 "uestions

1. &#plain the different sources of law. Ans. There are three main sources of law namely legislation common law and custom. ?egislation is the formal enactment of law by the legislature created or authori%ed by the !onstitution. $t constitutes the process of codification or legislative enactment. $t consists of written laws as contrasted with the "udge made law or common law. !ommon law comprises the body of principles. $t is a body of law that develops and derives through "udicial decisions as distinguished from legislative enactments. Iudicial decisions become a source of law by reason of the practice of courts of accepting FprecedentF as a source of law that is the established "udicial practice that a court must follow the law laid down by a decision of the higher "udiciary in the country or state. !ustom denotes a usage or practice of the people which by common adoption and ac+uiescence and by long and unvarying habit has become compulsory and has ac+uired the force of law with respect to the place or sub"ect matter to which it relates. ?egislation and common law can operate in any sphere of human activity while the operation of custom is generally restricted to a particular locality group or family. 2. Discuss the significance of legislation. Ans. There are three main sources of law namely legislation case law and custom. F1egislationF is the formal enactment of law by the legislature created or authori%ed by the !onstitution. Significance of 1egislation' ?egislation is the foundation of democratic polity. The legislature provides the following functions' The legislature can legislate in advance. Iudges cannot do so. The legislature can ma*e a law on any sub"ect within its competence. But "udges can deal with a sub"ect only when the point arises before them. The legislature -both of parliament state or even local self Jovernment. can -sub"ect to constitutional limitations. override the law laid down by the courts on a particular point -though because of the doctrine of separation of powers the legislature cannot reverse or modify the actual decision rendered by the court in a particular case.. ?egislation is the most fertile source of law. @ub"ect to limitations flowing from the constitutional doctrine that matters of policy cannot be delegated the legislature can vest a subordinate authority with power to ma*e rules orders etc. = legislative enactment is not sub"ect to appealP and the law enacted by it cannot be reversed by a higher authority -though it can be declared to be void if it is unconstitutional..

3. Distinguish between the different branches of law. Ans. Branches of ?aw' The common law system could be categori%ed in various ways. =t a fundamental level it could be categori%ed as substantive law and procedural law. @ubstantive law is one which recogni%es defines and confers rights on the parties. Whereas procedural law focuses on procedure to be followed to give effect to the predetermined rights duties and obligations both outside and inside the courts of law. @imilarly another categori%ation is civil and criminal laws. Gne more criterion for divisions could be connected with the impact and coverage of the particular rule of law. When it relates to public domain it becomes Fpublic lawF. &.g. laws li*e constitution law administrative law and criminal law are construed as public laws. When it concerns individuals it is labeled as Fprivate lawF. &.g. the $ndian !ontract =ct 1H76. 2. What is common law) ,ow does it differ from codified law) Ans. !ommon law or uncodified law is the law flowing from "udicial decisions. &.g. the process of dispute resolution or ad"udication of liability by either village elders or people holding power through the process of issuing commands has received social acceptance. The uncodified law governs large segment of the legal regime. The "udgment pronounced by an organ of the higher "udiciary performs at least two important functions' (or the immediate parties the "udgment becomes a source rights and duties. (or the world it becomes a source of law it happens to deal with a legal proposition > and to ma*e a definite pronouncement on the sub"ect.

$t is different from codified law because codified laws are made formally by a law ma*ing body of people where as common laws have their enunciations through decisions of courts. 3. &#plain how DcustomD is a source of law. Ans. !ustom -as a source of law. denotes a usage or practice of the people which by common adoption and ac+uiescence and by long and unvarying habit has become compulsory and has ac+uired the force of law with respect to the place or sub"ect matter to which it relates. ?egislation and common law can operate in any sphere of human activity while the operation of custom is generally restricted to a particular locality group or family.

#$"s
1. What procedure should be followed in order to ascertain the law on a particular sub"ect) Ans: The principal sources of law in $ndia in the order of importance are' The !onstitution The laws made by 0arliament and the various state legislatures The rules made by the !entral and the @tate Jovernment and the notifications and :egulations by various other authorities li*e the @&B$ Municipal !ommittees etc The decisions of the courts especially that of the ,igh !ourts and the @upreme !ourt on the point

The search for a law on any topic should start by a search for the e#istence of a law on the sub"ect e.g. to e#amine whether there e#ists a law on !opyright one needs to see if there is a statute on the copyright. Gnce you have found the enactment the ne#t stage is to chec* whether a "udicial decision clarifies the ambit of the statute in case of any problems in the interpretation or application of the statute in the fact situations of your case.

Cyber Law
!yber law is a new phenomenon having emerged much after the onset of $nternet. The evolution of the $nternet did not happen in a much planned manner. The conse+uences of the $nternet were also not predicted beforehand. =s the numbers of the $nternet users are increasing phenomenally cyberspace has become very important. With the increasing popularity of cyberspace ta*ing care of various legal issues also became very important. Therefore to ta*e care of these legal issues !QB&:?=W was introduced. = highly speciali%ed branch of law called !QB&:?=W@>?=W@ G( T,& $1T&:1&T =1D T,& WWW was developed with the growth of the !yberspace. !yber laws are the laws defined for ta*ing care of the various legal and regulatory aspects of $nternet and the WWW.

So utions to Chapter Seven "uestions

1. @tate and discuss the primary assumptions of a legal system. Ans. (ollowing are the primary assumptions of a legal system' Sovereignty' ?aw ma*ing power is a matter of sovereign prerogative. =s a result the writ of sovereign authority runs throughout wherever sovereign power e#ercises authority. Beyond its authority the sovereign cannot regulate a sub"ect matter through legal intervention. !erritorial )nforce ent' =ny law in real world conte#t can only be sub"ected to predetermined territorial enforcements. There are some e#ceptions to this. The sovereign authority could "oin e#tra territorial "urisdiction in case of criminal law. This indicates that the sovereign authority can initiate prosecution even if the crime is committed beyond the limits of the territory. The proceedings must comply with the principle of Ddouble criminalityD that is in both the countries the alleged act of commission must have been criminali%ed. 7otion of property' The obtaining premise of the legal response considers DpropertyD as tangible and physical. $n the cyber conte#t DpropertyD in the form of digiti%ed services or goods poses serious challenges to this legal understanding. =lso that the Ddomain namesD raise fundamental +uestions. Paper*based transaction' Gbtaining legal response considers and encourages people to create and constitute legally binding relationships on the basis of paper> based transactions. =lthough the word 8document9 under law ta*es within its fold material other than paper also. @ince in cyber conte#t digital or electronic record forms the basis of electronic transactions. ,ence the transactions are on the basis of electronic records. 4eal relations%ips' ?egal response considers relationships +uite often. $n view of connectivity pace and accuracy as to transmission in the cyber conte#t these relationships ac+uire uni+ue distinction of virtual character. $n case of trade and commerce commercial transaction in the form of contracts constitutes the foundation of legal relationship.

#$"s
1. Why are the !yber laws re+uired) Ans: Millions of people use the $nternet every day to send and receive mails access information or conduct business. ,owever this includes thousands who log on to the $nternet and misuse it in order to steal information steal money damage e#ternal networ*s or websites or indulge in other illegal activities. !yber laws are re+uired to protect the genuine users of the $nternet from those who use it to serve their malafide intentions. 2. ,as the !yber laws evolved since its conception) Ans:

Qes !yber laws have constantly evolved since its conception. Depending on the new opportunities and the challenges that the cyberspace has to face the !yber laws are being updated. The various issues that have creped in with the growth of the $nternet such as giving appropriate domain name proper use of e>commerce issues pertaining to !yber crime financial inconsistencies occurred due to Gnline ban*ing and so on are being ta*en care with the help of the !yber laws.

Cyber Crime
!yber crime is a generic term that refers to all criminal activities done using the medium of computers the $nternet cyber space and the worldwide web. There isnDt really a fi#ed definition for cyber crime. The $ndian ?aw has not given any definition to the term Dcyber crimeD. $n fact the $ndian 0enal !ode does not use the term Dcyber crimeD at any point even after its amendment by the $nformation Technology =ct 6000 in the $ndian !yber law. We all tal* about the various wonders that $nternet has done but there are certain contentious issues that have come up with the $nternet. Gne such issue is an impediment to the proliferation of e>commerce. There are certain arguments that have developed to ma*e the $nternet a ta#>free and a regulation>free %one. Therefore to ma*e proper online contracts has become very important. When a contract is laid down it needs to be governed by the rules of the country or territory where it was entered into. The rights and the obligations of an individual are determined by the laws of the "urisdiction. &ven in the cases where the intellectual>property rights are infringed the "urisdiction for pursuing legal remedies will be conducted at the place where such infringement has happened. $n most other cases the traditional principles specified in the section 60 of the !ivil 0rocedure !ode are abided with. These principles state that either you can plead for "urisdiction in the place where the infringement has happened or the person against whom you want to ta*e an action resides.

So utions to Chapter Ei&ht "uestions

1. Discuss the current forms of computer crime. Ans. The misuse of computers began in the year 19C0. ?ater with the rapid growth of telecommunications dissemination of harmful contents such as pornography and other communication offences in computer networ*s arose. The modus operandi does not follow a continuous path. $t constantly adapts to new technologies. ,ence the computer crimes can be analy%ed under the following broad categories' Privacy infringe ent' The personal rights of the citi%ens are endangered with the collection transmission and storage of the personal data. Therefore in the data processing area the protection of privacy needs to be considered. = balance needs to be maintained between the privacy interests of data sub"ects concerned and the economic freedom of the holders of personal data. )cono ic offences' The economic crimes are considered as the central area of computer crime. ,ac*ing fraudulent manipulation of the computer data is some of the economic offences related to computers. Co puter %acking' The greatest ris* that the information technology business faces today is the security of information in terms of integrity availability and confidentiality. @tories about website defacements credit card frauds non>availability of web and application servers and new virus attac*s are common. These defacements are done by hac*ers and this process is called as hac*ing. Soft(are piracy and ot%er for s of product piracy' This includes illegal access of computer programs. $t also includes copying the software9s of the individuals to gather more information.

2. Discuss the classification of crimes under the $T =ct 6000. Ans. While considering the general terrain of cyber law as of now the following acts are construed as cyber crimes in the $T =ct 6000' Without permission of the authori%ed user =ccessing or securing access to such computer computer system or computer networ*

Downloading copying or e#tracting any data or information for such computer computer system or computer networ* including information or data held or stored on any removable storage medium $ntroducing any computer virus or contaminant in the computer computer system or networ* Damaging the computer computer system or networ* Disrupting the wor*ing of the computer computer system or networ* Disrupting the access of the computer computer system or networ* of an authori%ed user 0roviding assistance to ensure unauthori%ed access to the computer computer system or networ* Tampering with computer source documents ,ac*ing with computer system 0ublishing of information which is obscene in electronic form !arrying on activities that are not in compliance with the provisions of the =ct (ailure to e#tend all facilities and technical assistance to the !ontroller to decrypt any information necessary for the security of the nation /nauthori%ed access or attempt to secure unauthori%ed access to a system that by official notification is declared a protected system

#$"s
1. What is !yber crime) Ans: When $nternet was developed the founding fathers of $nternet hardly had any inclination that $nternet could also be misused for criminal activities. Today there are many disturbing things happening in cyberspace. !yber crime refers to all the activities done with criminal intent in cyberspace. These could be either the criminal activities in the conventional sense or could be activities newly evolved with the growth of the new medium. Because of the anonymous nature of the $nternet it is possible to engage into a variety of criminal activities with impunity and people with intelligence have been grossly misusing this aspect of the $nternet to perpetuate criminal activities in cyberspace. The field of !yber crime is "ust emerging and new forms of criminal activities in cyberspace are coming to the forefront with the passing of each new day. 2. What are the various categories of !yber crimes) Ans: !yber crimes can be basically divided into 7 ma"or categories being !yber crimes against persons property and Jovernment. 3. What are !yber crimes against property) Ans: The second category of !yber crimes is that of !yber crimes against all forms of property. These crimes include unauthori%ed computer trespassing through cyberspace computer vandalism transmission of harmful programs and unauthori%ed possession of computeri%ed information. 2. $s hac*ing a !yber crime) Ans: ,ac*ing and crac*ing are amongst the gravest !yber crimes *nown till date. $t is a dreadful feeling to *now that a stranger has bro*en into your computer system without your *nowledge and consent and has tampered with precious confidential data and information. !oupled with this the actuality is that no computer system in the world is hac*ing proof. $t is unanimously agreed that any and every system in the world can be hac*ed. The recent Do@ attac*s seen over the popular commercial sites li*e &>bay Qahoo =ma%on and others are a new category of !yber crimes which are slowly emerging as

being e#tremely dangerous. /sing oneDs own programming abilities as also various programs with malicious intent to gain unauthori%ed access to a computer or networ* are very serious crimes. @imilarly the creation and dissemination of harmful computer programs or virus that do irreparable damage to computer systems is another *ind of !yber crime. @oftware piracy is also another distinct *ind of !yber crime that is perpetuated by many people online who distribute illegal and unauthori%ed pirated copies of software.

$dditiona (nputs
The following section provides some e#tra inputs on the important topics covered in the @J.

Contract
!ontract is an agreement enforceable by law. We enter into contracts everyday. @ome of these are made consciously and others are not. !ontracts confer legal rights on one party and legal obligations on others. ?aw of contract is covered in 73 sections of $ndian !ontract =ct 1H76. ,owever the code is not e#haustive and is applicable only to legally enforceable contracts. =lso it does not cover the contracts governed by the customs and usage. = contract is enforceable if there is an intention to create a contract there is an offer and acceptance a consideration is paid the parties have the -legal. capacity to enter into contract there is free consent of the parties and the ob"ect of the agreement is not barred by law. = simple agreement differs from a contract because in a contract it is essential that there must be an intention to create a legal relationship. $n an agreement this precondition is not necessary and the aggrieved person may not be able to approach the court of law for redressal. The terms of the contract must be specific and not vague. $n addition the contract must be capable of being performed. =n agreement that cannot be performed is not a contract. = contract must have a valid ob"ect. $f the ob"ect of the contract itself is unlawful or the consideration to be paid is unlawful the contract cannot be enforced in the court. =lso a contract must not be e#pressly declared to be void -and should not fall under the mischief of @ection 67>70..

C assi+yin& Contracts
!ontracts can be classified according to' &alidity or enforceability' = contract is valid if it has all the components of a contract. $f any of the ingredients are absent the contract becomes void illegal unenforceable or void able. &oidable' = voidable contract is a contract which can be repudiated -disclaimed not accepted. at the will of one of the parties but until it is repudiated it remains valid and binding. $f the contract was entered into on the basis of simple misrepresentation fraud coercion -compulsion force. or undue influence the contract can be repudiated by the aggrieved party. &oid' @ection 6 -i. states that a contract which is not enforceable by any of the parties is void. @uch agreement is void ab initio < and is without any legal effect. = contract which ceases to be enforceable by law becomes void. &#amples of void contracts are' @ection 60 < =greements entered into through a mutual mista*e of parties @ection 67 < =greements whose ob"ect or consideration is unlawful @ection 61 < =greements whose ob"ect or consideration is unlawful partly @ection 63 < =greements made without consideration @ection 6C < =greements in restrain of marriage @ection 67 < =greements in restrain of trade @ection 6H < =greements in restrain of legal proceedings @ection 69 < /ncertain agreement @ection 70 < Wagering agreement @ection 3C < $mpossible agreement =greement to enter into future agreement

$llegal' =n illegal agreement is one in which the consideration or the ob"ect' $s forbidden by law Defeats the purpose of any law $s fraudulent -deceptive fa*e. $nvolves or implies in"ury to another person or property $s opposed to public policy $s immoral 6nenforceable' This type of contract is not void or voidable but rather unenforceable in the court because it lac*s one or more of the essential element of evidence such as reducing the contract into writing or stamping or registration. These conditions may be specified for the formation of agreement but may not have been practiced. ,owever if it is e#pressly provided by the agreement that the contract shall be in writing and shall be signed by both parties then the same shall be re+uired to ma*e it a valid contract. $n addition where the statute lays down that the contract shall be in writing then the same must be reduced to writing in order to ma*e it enforceable. $f the defect is cured the contract may become enforceable. /ode of #or ation ):press Contract' When the terms of the contract are stated orally or put down in writing it is called as e#pressed contract. $ plied Contract' When the terms of the contract are inferred from the conduct of the parties or from the circumstances of the case it is called as implied contract. ;uasi Contract' @ometimes the law imposes obligations on one of the contracting parties irrespective of the agreement. These are called +uasi contracts. Perfor ance ):ecuted' = contract that is performed in total and no condition remains undone. ):ecutory' = contract in which something remains to be done. When an e#ecutory contract is fully performed it becomes an e#ecuted contract. 6nilateral' = contract in which only one of the party has the obligation to contract at the conclusion of the contract. +ilateral' These are contracts in which both the parties must do or abstain from doing a particular act.

Revocation o+ Proposa and $cceptance

&very agreement begins with an offer. = person ma*es a proposal and when this proposal is accepted it becomes a promise -which is a legally enforceable contract.. ,owever there are situations where the proposal or the acceptance needs to be revo*ed or cancelled. @ection 3 of the $ndian !ontract =ct deals with the law for the revocation of proposal and acceptance. = proposal may be revo*ed at any time before the communication of its acceptance is complete as against the proposer but not afterwards. @imilarly an acceptance may be revo*ed at any time before the communication of the acceptance is complete as against the acceptor but not afterwards. (or e#ample a proposal may be revo*ed at any time before its acceptance is posted but not afterwards. @econdly revocation of proposal must reach the offeree before its acceptance. $n case of an auction sale a bid may be withdrawn at any time before the fall of the hammer but not afterwards. Where a proposal is to be accepted within a fi#ed time it can be revo*ed even before the e#piry of that time. The proposer is at liberty to revo*e the proposal at any time before the e#piry of the acceptance. = proposal is revo*ed by' +y 7otice of 4evocation' = notice of revocation is effective only when it reaches the offeree before he posts his acceptance. +y 1apse of !i e' When a time is prescribed the proposal if not accepted lapses. $f no time is prescribed then the offer must be accepted in a reasonable time.

+y #ailure to #ulfill Condition Precedent' $f the condition precedent is not fulfilled the proposal lapses if it is accepted before fulfilling that condition. +y Deat% or $nsanity of t%e Proposer' By the death or insanity of the proposer if the fact of his death or insanity comes to the *nowledge of the acceptor before acceptance. )nglis% 1a(' =n offer is revo*ed by the death or insanity of the offeror without any +ualification as to the notice to the offeree. +y 4efusal or Counter 5ffer' = proposal comes to end after it is re"ected by the offeree. Ma*ing of a counter offer also amounts to re"ection of the original offer. Both are not covered under section C.

The $ndian ?aw and the &nglish law differ on revocation of acceptance. =ccording to $ndian law an acceptance may be revo*ed at any time before the acceptance reaches proposer. Time gap between posting and receiving can be used to revo*e the acceptance. Gn the contrary according to &nglish law the contract is concluded when the letter of acceptance is posted. @uch an acceptance is binding on both the acceptor and the proposer.

C ick-)rap $&reements and Shrink-)rap $&reements

!lic*>wrap agreements are usually displayed on websites in the form of 8$ =gree9. 1ormally the userAparty after going through the terms and conditions of the agreement -a contract enforceable by law. provided in the website or program indicates the assent to the same by way of clic*ing the 8$ =gree9 icon or decline the same by clic*ing the F$ DisagreeF icon. @hrin*>wrap agreements on the other hand are usually associated with software programs. The terms and conditions of the software usage are generally printed on the !D :GMs. = userAparty opens the 8shrin* wrapping9 of the !D :GM only after accepting the terms and conditions given on the !D !overAwrapping. @ome additional terms and conditions are also imposed in such licenses which normally appear on the screen when the !D is accessed to install the software.

So utions to Chapter 0ine "uestions

1. Discus the essentials of a valid contract. Ans. The essentials of a valid contract are' $ntention (it% (%ic% t%e contract is created' The intention to create a contract should be clear otherwise it will be treated as invalid. 5ffer and acceptance' = contract ceases to e#ist without an offer. =n acceptance will be deemed to be complete when both the parties are in conscience with each other. Consideration' = consideration may consist sometimes in the doing of a re+uested act and sometimes in the ma*ing of a promise by the offeree. !onsideration is not re+uired for a promise to compensate wholly or in part a person who has already voluntarily done something for the promisor or something which the promisor was legally compellable to do. $t is also not re+uired for a written and signed promise by the debtor -or his duly authori%ed agent. to pay a time>barred debt to the creditor. Capacity to enter into contract' = person can enter into a contract only after he has attained an age of ma"ority and is not debarred by law for doing any unlawful activity. #ree consent of t%e parties' When consent is attained by fraud or misrepresentation the agreement can become void at the consent of the party who was forced to enter into such an agreement. 1a(ful ob"ect of t%e agree ent' $f the consideration or an ob"ect is unlawful the agreement will be treated as void.

2. What are the remedies for the breach of a contract) Ans. The principal remedies for the breach of contract are'

Da ages' The party who has bro*en the contract needs to pay compensation for any loss or damage that has occurred to the party with whom such a contract was entered into. Specific perfor ance of t%e contract' $n certain cases the court directs against the party in default for the Fspecific performanceF of the contract. This means that the party will be as*ed to perform the obligations that he needs to perform according to the contract. $n"unction' =n in"unction is a preventive relief and is granted at the discretion of the court. The discretion of the court is not arbitrary but is guided by "udicial principles. = further chec* on the discretion is the provision for correction through an appeal in a higher court.

#$"s
1. What is the result of a minor entering into a contract) Ans: !ontracts made by minor are void ab initio. That is these contracts cannot be enforced on the parties with whom you have entered into a contract. These contracts cannot be endorsed by a minor even after he or she attains the age of ma"ority. $n such a case a fresh contract can be created after the minor attains the age of ma"ority with the same party and on the same ob"ects. 2. What is the difference between a general and a specific offer) Ans: =n offer made to a specific person is called as a specific offer. Gnly the person to whom such offer is made is entitled to accept it. Whereas an offer made to the public is called as a general offer. $n case of general offer the contract is only made with a person who accepts the offer. (or e#ample !arlill Es !arbolic @mo*e Ball !o. 3. $f an e>mail consists of an offer in this case can an e>mail ac*nowledgment or a read and received receipt of an e>mail be considered as an acceptance of offer) Ans: 1o an e>mail ac*nowledgement or a read and received receipt of an e>mail cannot by itself be considered as an acceptance of an offer. The other person will be abided by it only if the receipt or ac*nowledgement conveys an acceptance e#plicitly. 2. $f a machine or a system given an automatic acceptance will it be considered valid) Ans: Qes if a machine or a system given an automatic acceptance it will be considered valid.

Cyber Privacy
The issue of privacy on the $nternet has generated a lot of debate and controversy. Gn one hand it is necessary for the authorities to indulge in surveillance in order to *eep cyber crime in control. The same surveillance affects the privacy of millions of the people who use the $nternet every day. ,owever privacy is e#tremely important to all individuals organi%ations and nations. /nfortunately the $ndian "udiciary has not laid down specific laws regarding cyber privacy. !urrently the "udiciary can only interpret privacy in accordance with the e#isting regulations. =s per =rticle 61 of the $ndian constitution the right to privacy is an integral part of the fundamental right to life. The $nformation Technology Bill of 1999 has ignored the issue of privacy e#cept for section 71 which says that any person who secures access to any electronic record boo* register correspondence information document or other material without the consent of the concerned persons and discloses the same to any other person will be punished for upto two years of imprisonment or fined upto :s. 1 lac or both. Today several individuals and organi%ations collect information regarding the surfing habits of $nternet users and sell the same to interested companies for a tidy sum of money. ,undreds of websites are

hac*ed and information is stolen and then sold to interested parties. &very day individual users have to deal with the nuisance of dealing with unsolicited e>mail. =ll the entities > $ndividuals organi%ations and the government > need to contribute in the fight to curb cyber crime and at the same time respect the privacy. The government and the "udiciary need to frame comprehensive laws related to privacy immediately. Grgani%ations must frame rules regarding collection and use of the collected information. $f individual $nternet users are as*ed to volunteer information they must be told how and why the collected information will be used what type of information will be shared with whom and what type of information will not be shared. =ll websites that collect information must protect it by using all means possible.

So utions to Chapter /en "uestions

1. Discuss the policy approaches to privacy issues. Ans. The policy regime pertaining to protection of privacy concerns is premised upon the following three approaches' /arket approac%' This approach re"ects e#trinsic legal enforcement and ta*es within its fold self regulatory mechanisms which would enable the mar*et players to employ or adopt. $t does not tal* about tangible consumer remedies. .u an rig%ts approac%' This approach recogni%es rights to information and the related attribute of privacy as a human right. Contract approac%' This recogni%es contract model. This model premises on the ground that in a given conte#t the privacy concerns are better protected if the concern is treated as terms and conditions of the contract. ,ence the contract imposes an obligation on the parties to protect the privacy concerns. $n the event of breach the contract itself provides for contractual remedies.

2. &#plain the essentials of 070 platform. Ans. 070 aims at providing a simple automated way for users to gain more control over the use of personal information on websites they browse. 070 is a standardi%ed set of multiple>choice +uestions about the websiteDs privacy policies. Gnline customers can answer these +uestions to select the way their personal information will be handled by the service provider. This snapshot could be read by 070 enabled browsers and set according to the set of privacy preferences of the consumer. 070 not only provides facilitating environment for the consumer to decide negotiate and firm up the contractual relationship but also recogni%es nine aspects of online privacy. The first five aspects deal with -a. who is collecting this data) -b. &#actly what information is being collected) -c. for what purposes) -d. which information is being shared with others) -e. and who are these recipients) The remaining four aspects focus on the siteDs internal privacy policies. They include -a. can users ma*e changes in how their data is used) -b. how are disputes resolved) -c. what is the policy for retaining data) -d. and where can be detailed policies found in human readable form) 070 is software to negotiate privacy agreements between websites and online visitors. $t is a *ind of social technology that involves not merely technology but also active participation of human beings.

#$"s
1. What is meant by 070) Ans: 070 is a standard that helps in automating the way the users can access the personal information on the websites they visit. $t is a set of multiple>choice +uestions covering all the main aspects of a websiteDs privacy policies. The information is made available in a standard machine>readable format. The users control is enhanced by putting the privacy policies in a format that users can understand.

2. ,ow are the privacy policies for embedded content addressed by 070) Ans: ,TM? pages contain hyperlin*s to other resources. These resources can be embedded directly in a page such as images sounds layers or frames. Thus in order to render the page user agents need to ma*e additional re+uests that might or might not be covered by the policy in effect for the page that is currently laid out. $t is usually not apparent to users when web pages may be covered by multiple privacy policies. ,owever a 070 user agent can detect when different policies apply to different ob"ects on a page and can fetch and review each of these policies.

(n+ormation /echno o&y $ct4 5 666

$nformation Technology =ct 6000 provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly referred to as Felectronic commerceF which involve the use of alternatives to paper>based methods of communication and storage of information to facilitate electronic filing of documents with the Jovernment agencies. The basic ob"ective of $T =ct is to promote the use of electronic documents and digital signatures in the commercial world as a means of enhancing the security of e>business transactions. @ection 7' Digital signature is a digest of the message that is further encrypted for added privacy and security. $n the electronic world digital signatures replaces conventional signatures. 0rivate *ey and public *ey are ma"or components of a digital signature system. The sender of electronic document for encrypting the message uses 0rivate *ey. :ecipient uses sender9s public *ey for decrypting the same. @ub"ect to the provisions of this section any subscriber may authenticate an electronic record by affi#ing his digital signature. Sections 12 to 1<: S)C64) )1)C!457$C 4)C54DS A7D S)C64) D$0$!A1 S$07A!64)S = record shall be deemed to be a secure electronic record from such point of time to the time of verification if any security procedure has been applied to an electronic record at that specific point of time. The digital signature is secure if it is' /ni+ue to the subscriber affi#ing it. !apable of identifying such subscriber. !reated in a manner or using a means under the e#clusive control of the subscriber and is lin*ed to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated.

So utions to Chapter E even "uestions

1. What are the evidentiary presumptions of a secured electronic document) &#plain the process of encryption and decryption of data. Ans. =n electronic document is said to be secure where any security procedure has been applied to the electronic document at a specific point of time. @uch a document is deemed to be secure till the time of verification. But there is no presumption about the integrity and authenticity of the electronic record. To create a legally bound electronic document is technologically comple#. = legally enforceable electronic document must pass the test of authentication non>repudiation confidentiality and information integrity during transmission or storage. The *ey element in the authentication of a paper>based document is the signature of the contracting persons. ?i*ewise an electronic signature is the *ey in an electronic record. The e+uivalent electronic signature is referred to as digital signature. = digital signature is to identify the sender of the electronic record authenticate the originator of the message and to certify that the message could not have been tampered with during the course of its transmission. The process of ma*ing the information unintelligible to the unauthori%ed reader is *nown as encryption of data. The process of ma*ing the information readable once again is *nown as decryption of data. The science of !ryptography is made up of encryption and decryption. There are two types of !ryptographic systems > symmetric and asymmetric. The symmetric !rypto system consists of both the sender and the

receiver having access and sharing a common DLeyD to encrypt or decrypt a message. The asymmetric !rypto system is a more a secure system. This system uses two *eys. The originator of the document *eeps one of the *eys *nown as the D0rivate *eyD and the other *ey is sent to the recipient of the message. The recipient affi#es the digital signature when he uses the public *ey to open the message sent to him. Thus the combination of the 0ublic Ley and the 0rivate Ley provide both confidentiality and authentication which enables for secure electronic transmission. 2. &#plain the term digital signature. What is a digital signature certificate) Ans. Digital @ignature' The $T =ct states that where any law provides that information shall be in writing or in printed form the re+uirement is deemed to be satisfied if such information is in an electronic form and is accessible for subse+uent reference. The *ey ingredients of the formation of electronic contracts comprise communication of offer and acceptance by electronic means verification of the source of the communication authentication of the time and place of dispatch and finally the verifiability of the receipt of the data communication. = Ddigital signatureD may be affi#ed to authenticate an electronic record. The digital signature serves to satisfy the legal re+uirement of affi#ing of a signature in a written or printed document. The !entral Jovernment has the power to ma*e rules about the type of digital signature the manner and format of digital certificate that shall be affi#ed control process and procedures to ensure ade+uate integrity security and confidentiality of electronic records and payments. Digital @ignature !ertificate' $t certifies the identity of the subscriber and implies his acceptance of the provisions of this act and the rules and regulations contained therein. The certificate is issued only on the following grounds' The !ertifying =uthority being satisfied that the information contained in the application of certificate is accurate. The subscriber holds a 0rivate Ley capable of creating a 0ublic Ley. The 0rivate Ley corresponds to the 0ublic Ley to be listed in the Digital @ignature !ertificate. The 0ublic Ley to be listed in the certificate can be used to verify a digital signature affi#ed by the 0rivate Ley held by the subscriber.

But the certifying authority can revo*e a digital signature certificate issued by it if re+uired.

#$"s
1. What are certificates) Ans: !ertificates are structures that contain information such as a userDs full name electronic mail address validity period and public *ey. = message digest of the entire certificate is then created -using the @,=> 1 or MD>3 algorithm.. This message digest is signed using the !=Ds private *ey to create a Message =uthentication !ode -M=!.. This M=! can be verified by anyone possessing the !=Ds public *ey. 2. ,ow do the digital signatures wor*) Ans: We would e#plain it with simple e#ample of digitally signed e>mail. @uppose = and B wishes to correspond electronically. = wants to assure B that he originated the electronic message and that its contents have not been tampered with. = can do so by signing the message with his digital signature. When = clic*s on the digital signature option on his e>mail application a mathematical formula *nown as a hash function is applied to the message. The message is converted it to a fi#ed>length string of characters called a Fmessage digestF. The digest acts as a Fdigital fingerprintF of the original message. $f the original message is changed in any way it will not produce the same message digest when the hash function is applied again. =Ds software then encrypts the message digest with his private *ey producing a digital signature of the message. ,e transmits the message and digital signature to B.

B uses =Ds public *ey to decrypt the digital signature revealing the message digest. @ince only =Ds public *ey can decrypt the digital signature he is able to verify that = was the sender of the message. To verify the message content BDs software applies the hash function to the message he received from =. The message digests should be identical. $f they are B *nows the message has not been changed and he is assured of its integrity. 3. (or what duration would the Digital @ignature !ertificate be available on the website) Ans: Qou can view the Digital @ignature !ertificate on the website up to seven years.

(n+ormation /echno o&y $ct 5 666

Sections 23 to 2=: P)7A1!$)S A7D AD-6D1CA!$57 These sections deals with penalties to be imposed for damages to computers computer systems etc. @ection 27 which defines for the penalty for damages to computer systems resulting from illegal activities such as hac*ing suggests up to :s. Gne crore as penal damages. /nder section 22 failure to present certain reports to controller or the certifying authority of the !yber =ppellate Tribunal could result in fines up to :s. 130 000. =ny delay in filing any return or furnishing any information boo*s or other documents within the time specified will result in fines of :s. 3 000 per day and :s. 10 000 per day for repeat offence.

So utions to Chapter /we ve "uestions

1. What is meant by unauthori%ed access to a computer under the provisions of the $T =ct 6000) Ans. The $T =ct defines unauthori%ed access by any person as acts done without the permission of the owner which includes' =ccessing or securing access to such computer computer system or computer networ* Downloading copying or e#tracting any data or information for such computer computer system or computer networ* including information or data held or stored on any removable storage medium $ntroducing any computer virus or contaminant in the computer computer system or networ* Damaging the computer computer system or networ* Disrupting the wor*ing of the computer computer system or networ* Disrupting the access of the computer computer system or networ* to an authori%ed user 0roviding assistance to ensure unauthori%ed access to the computer computer system or networ* The penalty to be paid by the person for unauthori%ed access by way of compensation not e#ceeding one crore rupees to the affected person

2. Discuss the ad "udicatory processes incorporated in the =ct. Ans. =d "udicatory 0rocess' = reasonable opportunity is given to the person being charged with contravention of the =ct by the ad"udicating officer. When the ad"udicating Gfficer is satisfied that there had been a contravention of the =ct he imposes such penalty or award compensation in accordance with the provisions of that section. While ad"udging the +uantum of compensation under this section the ad"udicating officer shall ta*e into consideration the amount of gain of unfair advantage wherever +uantifiable made as a result of the default the amount of loss caused to any person as a result of the default and the repetitive nature of the default. The ad"udicating officer also has the powers of the !ivil !ourt which are conferred on the !yber =ppellate Tribunal.

#$"s
1. What do the sections 27 to 27 of the $nformation Technology =ct deal with) Ans: @ections 27 to 27 of the $nformation Technology =ct deal with penalties to be imposed for damages to computers computer systems etc.

-0C(/R$L %ode Law on E ectronic Commerce

With the advent of the information technology and growing use of online transactions the member countries of the /nited 1ations felt the need for uniformity of laws governing the cyber space. $t was also becoming increasingly necessary to recogni%e the alternatives to paper>based methods of communications and storage of information. /.1. !ommission on $nternational Trade ?aw -/1!$T:=?. too* the lead and adopted a Model ?aw on &lectronic !ommerce in 199C. $n 1997 the /.1. Jeneral =ssembly recommended its members to give due consideration to this Model ?aw while enacting or revising their national laws. The $nformation Technology =ct 6000 is a se+uel to this /.1. resolution. The statement of ob"ects of /1!$T:=? Model ?aw on &lectronic !ommerce states that it is based on the establishment of a functional e+uivalent for paper>based concepts such as FwritingF FsignatureF and ForiginalF. This Model ?aw provides for e+ual legal validity to electronic communication and paper>based communication. The ob"ectives of this Model ?aw are to facilitate rather than regulate electronic commerce and to adapt e#isting legal re+uirements to meet the needs of electronic commerce. By providing standards by which the legal value of electronic messages can be assessed the Model ?aw plays a significant role in enhancing the use of paperless communication. The Model ?aw also contains rules for electronic commerce in specific areas such as carriage of goods. The Model ?aw emphasi%es that the term FcommercialF should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature whether contractual or not. :elationships of a commercial nature include but are not limited to the following transactions' any trade transaction for the supply or e#change of goods or servicesP distribution agreementP commercial representation or agencyP factoringP leasingP construction of wor*sP consultingP engineeringP licensingP investmentP financingP ban*ingP insuranceP e#ploitation agreement or concessionP "oint venture and other forms of industrial or business cooperationP carriage of goods or passengers by air sea rail or road.

0eed +or $mendments in E3istin& Le&is ations

The ob"ects of the $T =ct state that the purpose of the act is to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly referred to as Felectronic commerceF which involve the use of alternatives to paper>based methods of communication and storage of information. The second ob"ective of the act is to facilitate electronic filing of documents with the Jovernment agencies and further to amend the $ndian 0enal !ode the $ndian &vidence =ct 1H76 the Ban*ersD Boo*s &vidence =ct 1H91 and the :eserve Ban* of $ndia =ct 1972 and for matters connected therewith or incidental thereto. @uch amendments in e#isting legislation were re+uired to facilitate the implementation of the $nformation Technology =ct. $t was felt that unless such amendments are made the e#isting legislations should serve as a barrier for $T =ct and electronic commerce. ?egal concepts based on the e#istence of a tangible medium of communication and authentication such as instrument document original and signature needed to be redefined to give validity to the electronic transactions. @ince the e#isting legislations such as the $ndian 0enal !ode $ndian &vidence =ct :eserve Ban* of $ndia =ct and Ban*ers Boo*s &vidence =ct were enacted prior to the cyber revolution in the e#isting form these acts were unable to tac*le issues related to Delectronic documentsD. The basic purpose of the amendments in $ndian 0enal !ode was to widen the scope of the term DdocumentD so as to bring within its ambit electronic documents. @imilarly in the $ndian &vidence =ct the amendment brought electronic documents with in the ambit of the term DevidenceD. This means that electronic documents such as online contracts and e>mail transactions can now be produced in the court of law as evidence.

@imilar changes in Ban*erDs Boo*s &vidence =ct was to bring about change in the definition of FBan*erDs>boo*F to include printouts of data stored in a floppy disc tape or any other form of electromagnetic data storage device. =mendment also brought similar change in the e#pression F!ertified>copyF to include such printouts within its purview. The :eserve Ban* of $ndia =ct was amended to regulate transfer of funds through electronic means between the ban*s or between the ban*s and other financial institution.

#$"s
1. What is the meaning of the word DcommercialD as interpreted in the $nformation Technology =ct) Ans: $nformation Technology =ct of $ndia is based on the /1!$T:=? Model ?aw for &lectronic !ommerce. This Model ?aw lays down that the term FcommercialF should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature whether contractual or not. 2. What is /1!$T:=?) Ans: /1!$T:=? stands for /nited 1ations !ommission on $nternational Trade ?aw. /1!$T:=? was established by the Jeneral =ssembly in 19CC -:esolution 6603-RR$. of 17 December 19CC.. The Jeneral =ssembly gave the !ommission the general mandate to further the progressive harmoni%ation and unification of the law of international trade. The !ommission has since come to be the core legal body of the /nited 1ations system in the field of international trade law. 3. $f a person commits a cyber crime outside $ndia such as fabricating a record does the amended definition of DevidenceD and Dfabrication of recordD will ma*e himAher liable under the $T =ct) Ans: Qes the person will be liable under the $nformation Technology =ct as this act not only e#tends to the whole of $ndia but also applies to any offence or contravention committed outside $ndia by any person. 2. Why it was necessary to introduce changes in the e#isting legislations along with the enactment of $nformation Technology =ct) Ans: The earlier legislations that governed the commercial transactions were applicable only to paper documents. $n view of the $nformation Technology =ct it was necessary that these legislations treat electronic documents and electronic transactions at par with paper documents and offline transactions. 3. What constitutes evidence and how electronic evidence is different from paper evidence) Ans: /nder the $ndian &vidence =ct 1H76 two types of evidences are recogni%ed oral evidence and documentary evidence. The documentary evidences are classified as primary evidence and secondary evidence. 0rimary evidence is the DoriginalD paper or document where as secondary evidence is where the contents of the original will have to be proved or brought to the record. Gn the other hand an electronic record is an original as well as in duplicate or it is primary as well as secondary evidence at the same time.