Understanding Cyber Laws to
Understand ODR
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Learning Objectives
Our Learning Objectives are:
• Define Cyberspace
• Define Cyber Laws and its different
components
• Understanding the extent of Cyber Laws
• Understanding Jurisdiction in Cyberspace
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Cyberspace
Cyber space is not a Xerox version of the
geographical space.
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Defining Cyber Space
• A Virtual Medium
• 24x7x365
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Cyberspace is a space based on bits and bytes.
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Limitations of Physical Laws
Physical laws have limitations in the sense
that they are uni-dimensional in application.
They are meant for the physical world, which
is static, defined and incremental.
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Law for Cyberspace
Cyberspace is dynamic, undefined and
exponential.
It needs dynamic laws, keeping pace with the
technological advancement.
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Defining Cyber Law
• The word “cyber law” encompasses all the
cases, statutes and constitutional provisions
that affect persons and institutions who
control the entry to cyberspace, provide
access to cyberspace, create the hardware
and software which enable people to access
cyberspace or use their own devices to go
“online” and enter cyberspace.
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Components of Cyber Law
• Cyberspace
• Netizens
• Technology
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Who is Netizen?
• An Alien or
• A Global Citizen
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Technology and Law
Technology Neutral
V/s
Technology Specific
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Cyber Laws
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Copyright
Trademarks
Patents
E-Commerce
E-Governance
Cyber Crimes
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Copyright
• Copyright issues in the digital medium.
• Copyright to protect the computer
programs.
• Effectiveness of such laws.
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Trademarks
• Trademarks in cyberspace.
• Domain names and Domain names dispute
settlement
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Patents
• Software business patents
• Effects of granting software business
patents
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E-Commerce
• Laws to facilitate e-commerce.
• Laws on electronic payments and contracts.
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E-Governance
• Laws to facilitate ‘Government2Citizen’
(G2C) interface.
• Role of the government in the new medium.
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Cyber Crimes
• Laws to check cyber crimes.
• Regulatory mechanism in cyberspace.
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Cyber Crimes
• Cyber Contraventions
• Cyber Offences
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Jurisdiction
Jurisdiction is the power of the court to hear and
determine a case involving:
PERSON
PROPERTY and
SUBJECT-MATTER
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Jurisdiction
• Territorial Jurisdiction
• Extra-territorial Jurisdiction
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Jurisdiction in Cyberspace
Enforceability of laws in cyberspace
Conflict of jurisdiction
Cyber crimes – whether extraditable?
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Regulation means….Confidence
For example, Section 75 of the Information
Technology Act, 2000 says:
“….the provisions of this Act shall apply also to any
offence or contravention committed outside India
by any person irrespective of nationality, ……..if
the act or conduct constituting the offence or
contravention involves a computer, computer
system….located in India”.
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…..Beyond the National Boundaries
• Rule of Law exists
• Underlines the concept of ‘one wired world’
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Benefits of Having a Cyber Law
Framework
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Sense of Security
Moving up on the Value Chain
Technological Advancement
Global Recognition & Acceptance
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Entering the Global Village
• Cyber Law is scalable – similar set of
statutes exist all over the world.
• Treat Cyber Law as a new resource to meet
challenges and explore opportunities in the
global village.
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Thanks
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