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COURSE MODULE
Information and Communication Technology Law
COURSE CODE:
SEMESTER – IX
COURSE: B.A., LLB (Hons.) / B.Com., LL.B (Hons.)
JULY 2015 TO DECEMBER 2015
Course Coordinator: Mr.Sanjay Pandey
Mr. Niteesh Kumar Upadhyay
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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INDEX
1.
2.
Syllabus
Teaching and Examination Scheme
3.
Micro Teaching Plan
4.
5.
6.
Lesson Plan
Textbook & References
Unit wise list of Cases / Articles / Web References
7.
8.
Assessment Rubrics
Structured Tutorial Planning
9.
10.
11.
12.
13.
Pre-defined Sessional Exam Syllabus
Recommended Learning Resources _ ERM
Course Website
Blog
Class Decorum
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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B.A.LL.B. (Hons.) Programme,
Semester – IX
Academic Year 2014-15
Honours Course (Crime and Criminology)
Course: ICT Law (Information and Communication Technology Law)
INTRODUCTION
The aim and object of ICT Law is to depart special knowledge about the information and
communication technology law to enhance their capacity in the field of ICT Law, of the student
of ‘crime and criminology’ group in their last year of the B.A.LL.B. (Hons.) Programme. The
subject tries to give them deep and wider knowledge related to information technology law
governing at the international and domestic level. It also exposes them about the claims and
procedure for the civil wrong, with authorities to decide the dispute concerning computer and
information technology law along with the cyber crimes and appropriate punishment thereof with
investigation knowledge. The course will discuss in detail about the types of cyber crimes, cyber
investigation, e-commerce, e-governance etc. The syllabus of the course may be discussed under
the following heads.
COURSE LEARNING OUTCOMES
•
Students will be able to understand the importance of Information Technology Laws in
the present context.
•
Students will be able to analyse and critically evaluate various lacuna and challenges in
the implementation of IT law in India.

Students will be prepared to apply the IT laws in the given situation in day to day life.
OBJECTIVE OF COURSE

To deal with the most contemporary issues related with Information Technology;

To exposes the students about the claims and procedure for the civil wrong and cybercrimes and appropriate punishment thereof with investigation knowledge.
Pedagogy:
Pedagogy for this course would involve interactive sessions on given topics involving examples
from industry and case studies wherever applicable. As part of continuous evaluation, the
students will be given assignments and quizzes. The sessions would be a combination of chalk &
talk and Multimedia presentations.
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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Teaching and examination scheme:-
Syllabus:-
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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Micro Teaching Plan
Mode of
Teaching / Learning
Weightage
Allocated Units
Unit VI
Experiential Learning
10% to 20% of the Syllabus
Self-Study
20% of the Syllabus
Unit IV and VIII (partially)
Unit V (partially)
Expert Lecture /
Cooperative Teaching /
Video Sessions
10% of the Syllabus
Core Teaching
60% of the Syllabus
I , II, III ,VII, IX ,X
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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Session Plan
(Lecture & Tutorial as Per Teaching Examination Scheme)
Sessio
n No.
1
2
4
5
6
8
9
10
11
12
14
15
Information
Technology
and
International Law,
Introduction
of
Information
Technology Act, 2000
General classification of Computer
and Information Technology Crimes
Magnitude of Computer and
Information Technology Crimes in
India
Class learning
outcome
Teaching
method
Lecture and
discussion
Reading
material
ERM I
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
ERM 1
1,2
IT Act ,
2000
ERM 1
2
Lecture and
discussion
NCRB
Report
2012
ERM 4
1,2
1,2
1,2
1,2
Digital Signature and Electronic
Signature
Lecture and
discussion
Provisions relating to Electronic
Signatures
Advantages (Benefits) and
disadvantages of digital signature
Legal recognition of electronic
records
Recent development and guidelines
pertaining to Digital Signatures
Damage to Computers and
Computer System (Computer Torts)
Failure to protect data, Failure to
furnish information, return, etc.
Contravenes of any rules or
regulations, Adjudication in case of
contravention, Cyber Appellate
Tribunal
Appeal to Cyber Regulations
Appellate Tribunal
Appeal to High court, Compounding
of Contravention, Recovery of
Penalty or Compensation
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
ERM 4
1,2
Class
Handout
Class
Handout
Class
Handout
Class
Handout
Class
Handout
IT Act
1,2
Lecture and
discussion
Lecture and
discussion
IT Act
1,2
Class
Handout
1,2
Week 3
13
Meaning of Computer and
Information Technology
Week 2
7
Topic
Week 1
3
Week
1,2
1,2
1,2
1,2
1,2
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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16
17
19
20
21
22
24
25
27
Week 6
26
Week 5
23
Week 4
18
Sections 43, 43A, 48-51, 52D, 55, 59,
60, 61, 64, and other relevent
provisions of the Information aned
Technology Act, 2000 after 2008
Amendment with appropriate Rules
Tampering with computer source
document, Computer related offences
(Hacking with computer system, etc.),
Sending offensive messages through
communication service, etc.
Cyber thefts and frauds, Violation of
personal piracy, Cyber terrorism
Offence relating publishing or
transmitting obscene material or
material containing sexually explicit
act, etc. Breach of confidentiality and
privacy, Fail to assist Government in
the interest of sovereignty, integrity,
etc.
Blocking for public access of any
information through any computer
resource, Secure access to a protected
system, Other offences under the Act
Cyber Crime Investigation,
Cognizance of IT offences, Search
and seizure of the computer or
computer system
Examiner of Electronic Evidence,
Provisions relating to admissibility of
electronic records as evidence, Digital
Signature and evidence, Presumptions
relating to electronic records
Application of the Act to electronic
cheque and truncated cheque, Cyber
forensics, Admissibility of evidence
collected through the interception of
communication
Video-conferencing evidence is
admissible, Cyber crime investigating
agencies in India
e-commerce meaning, Classification
Advantages (Benefits) Disadvantages
of e-commerce
Indian economy and Information
technology sector
Electronic Governance (egovernance)
Lecture and
discussion
IT, Act
1,2
Lecture and
discussion
ERM 1
1,2
Lecture and
discussion
Lecture and
discussion
ERM 1
1,2
ERM 1
1,2
Lecture and
discussion
ERM 1
1,2
Lecture and
discussion
Class
Handout
2
Lecture and
discussion
Class
handout
1,2
Lecture and
discussion
Class
handout
1,2
Lecture and
discussion
Class
handout
1,2
Lecture and
discussion
ERM 4,7
1,2
Lecture and
discussion
Lecture and
discussion
Class
handout
ERM 7
1,2
1,2
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28
29
30
31
33
34
35
36
37
39
40
41
42
44
45
1,2
Lecture and
discussion
ERM 5
1,2
Lecture and
discussion
ERM 5
1,2
New challenges to information
technology law
Convergence of technologies,
Convergence Bill
Lecture and
discussion
Lecture and
discussion
ERM 7
1,2
Class
Handout
1,2
Lecture and
discussion
Lecture and
discussion
Class
Handouts
1,2
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
Lecture and
discussion
ERM I
1,2
Class
Handout
ERM 7
1,2
Offences not covered under IT Act
Data protection (Data protection act
1984, 1998 of UK; EU guidelines
1995)
Cyber-squatting - domain name,
IP issues and Online dispute
resolution
Protection of Multimedia works in
cyber space
IPR and Cyber world
Remedial Classes
Remedial Classes
Remedial Classes
Remedial Classes
Remedial Classes
Remedial Classes
Week 9
43
Class
Handout
ERM 7
Week 8
38
Lecture and
discussion
Lecture and
discussion
Week 7
32
Electronic Governance (egovernance)
Validity of contracts formed through
electronic means, Attribution of
Electronic Records,
Directorate of Information
Technology
Definition of e-banking, Electronic
Payment System, Mobile Banking, IBanking
Legal Issues in E- banking,
Amendments
to
Negotiable
Instruments Act, 1881, International
Legal Practice regarding E- banking
1,2
1,2
1,2
1,2
1,2
ERM II
1,2
1,2
1,2
1,2
1,2
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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Case law referred:
•
Director General of Doordarshan v. Anand Patwardhan, JT 2006 (8) SC 255;
•
Ajay Goswami v. Union of India, (2006) INSC 947
•
Chandrakant Kalyandas Kakodkar v. State of Maharashtra, (1962) 2 SCC 687
•
Director General of Doordarshan v. Anand Patwardhan, JT 2006 (8) SC 255;
•
Samaresh Bose v. Amal Mitra, (1985) 4 SCC 289
•
Alfred E Butler v. State of Michigan, 1 Led 2d 412
•
Chandrakant Kalyandas Kakodkar v. State of Maharashtra, 1969 (2) SCC 687
•
United States v. Playboy Entertainment Group, Inc, 146 L ed 2d 865
•
Sharda v. Dharmpal, (2003) 5 ILD 62 (SC)
•
M.P. Sharma v. Satish Chandra, AIR 1954 SC 300
•
Kharak Singh v. State of UP, (1963)
•
State of Maharashtra v. Madhukar Narain Mandikar, AIR 1991 SC 207
•
Jane Roe v. Henry Wade, 410 US 113
•
R. Rajagopal v. State of Tamil Nadu, (1994) 6 SCC 632
•
Mr. X v. Hospital Z, (1998) 8 SCC = AIR 1998 SCW 3662 = AIR 1999 SC 495
•
PUCL v. Union of India, AIR 1997 SC 568
•
U.S. v. An Unnamed Juvenile, (WD Wash) February 11, 2005, www.corpmen.com
•
U.S. v. Borghard, (SD NY) June 16, 2004
•
U.S. v. Dinh, (D. Mass.) May 5, 2004
•
U.S. v. Salcedo, et. al. (WD NC) (December 15, 2004) www.corpmen.com
•
State of Punjab v. M/S. Amritsar Beverages Ltd., (2006) INSC 476
•
Liverpool & London S.P. & I Association Ltd. v. M.V. Sea Success I and Another,
(2004) 9 SCC 512
•
Union of India v. Naveen Jindal and Another, (2004) 2 SCC 510
•
John Vallamattom and Another v. Union of India, (2003) 6 SCC 1
•
Kapila Hingorani v. State of Bihar, (2003) 6 SCC 1
•
SIL, Import, USA v. Exim Aides Silk Exporters, Bangalore, (1999) 4 SCC 567
•
State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601
•
Commissioner of Customs, Chennai v. M/S Pentamedia Graphics Ltd., (2006) INSC 292
•
State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601
•
Sri Krishna Gobe v. State of Maharashtra, (1973) 4 SCC 23
Note : Due to paucity of time chapterwise bifurcation of the cases is not done. The above
list is tentative cases for all the chapters furthermore wherever needed the cases will be
added.
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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C.E Details
Sl. No.
C.E - I
C.E –II
C.E- III
Date
18 August ,
2015
28, August
2015
Components of TA
Moodle Based Test
20, September
2015
Project Work Submission
Class Test
Description of Marks
40 Marks
Result Declaration date:
4 Problems x 10 Marks = 40 Marks
Criteria for evaluation
2 Marks- Brief facts
2 marks – Identification of all the
issues at hand
2 Marks- brief of applicable laws &
cases (if any)
2 Marks- application of applicable
laws/ cases in the given problem
2 Marks – Conclusive opinion
30 Marks
Mid Semester Course = 1-3 Units
Block Semester Course = 1-5 Units
ESSENTIAL READING MATERIAL – ERM DETAILS
1 Textbook: Karnika Seth, Computers Internet New Technology Laws LexisNexis Edition
2013.
2 A to Z of Cyber Crime book by Asian School of Cyber Laws
3 Kamath Nandan, Law Relating to Computers Internet and E-commerce, Universal
Publication 2015.
4 Rachana C. R, The Role of Digital Signatures in Digital Information Management,
International Monthly Refereed Journal of Research In Management & Technology ISSN
– 2320-0073 Volume II, March’13, Page 103-109
5 N. Leena, Cyber Crime Effecting E-commerce Technology, Oriental Journal of
Computer Science & Technology Vol. 4(1), 209-212 (2011) Page 1-4
6 C Niranjan Rao, The Role of Intellectual Property Rights in Information and
Communication Technologies Page 2-22.
7 Sairam Bhat, Law of Business Contracts in India, Sage publication 2009 (selected part
only )
8 Saurabh Sharma , Information Security and Cyber Laws, Vikas Publication, New Delhi
2014 page 22-42.
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
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REFERENCE READING MATERIAL
1. Case Studies on Cyber Crime, published by Indian Audit and Accounts
Department Government of India, page 6-47.
2. CDMS , Difference between Digital and Electronic Signature Page 1-2
3. Nishith Desai Associates, E-Commerce in India, Copyright 2013 Page 5-41
4. Information Technology and Green Governance in India: Some Legal Perspective,
International Journal of Applied Research and Studies ISSN: 2278-9480 Volume
2, Issue 5 (May - 2013) Page 1-8
5. Krishna Pal Malik, Computer and Information Technology Law, Allahabad Law
Agency, 1st Ed. 2010.
6. Law For E-Commerce, Rogger LeRoy Miller, Gay Lord A. Jentz, Publisher:
Thomson Learning:2002
7. Reed, Chris and Angel, John. Computer Law, New York: Oxford University Press,
2003.
Rubrics of continuous evaluation
CLO-1: Students will be able to understand the importance of Information Technology Laws in
the present context.
Course Learning Assessm Assessm
outcome
ent
ent
Techniq Descript
ue
ion
Students will be Moodle Written
Test
able
to after
completi
understand the
on
of
importance of certain
Information
units
Technology
Laws in the
present
context.
Below
50%
Meets
51- 60%
Meets 61- Above 70%
69 %
PLO
PEO
Poor
understa
nding
and
Slow
learner
No
clarity
on the
given
topic
Students
Advance
have the learners
thorough
knowledg
e of the
chapters
and can
accurately
select the
correct
answers.
1 and 1 & 1 &
2
5
2
CLO-2: Students will be able to analyse and critically evaluate various lacuna and challenges in
the implementation of IT law in India.
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
GA
Page 15 of 16
Course Learning Assessm Assessm
outcome
ent
ent
Techniq Descript
ue
ion
Students will Written MSE
be
able
to after
analyse
and completi
on
of
critically
certain
evaluate
units
Below
50%
Meets
51- 60%
Meets 61- Above 70%
69 %
Poor
understa
nding
and
Slow
learner
No
clarity
on the
given
topic
and fail
to
concept
ualize
the
topic.
Student’s
gives
brief
descriptio
n of topic
relates it
with law
and case
study.
various lacuna
and challenges
in
the
implementation
of IT law in
India.
PLO
PEO
GA
Students
1, 2, 1, 4 1 &
gives brief , 3 & 5
2
description and 4
on
the
topic,
explain
various
laws to that
area with
case study
and
also
relate with
current
aspect,
global
scenario.
CLO-3: Students will be prepared to apply the IT laws in the given situation in day to day life
Course Learning Assessm Assessm
outcome
ent
ent
Techniq Descript
ue
ion
Project
Students will
be prepared to Work on Submiss
apply the IT domain ion
name,
laws in the metagiven situation tagging ,
in day to day linking
disputes
life
in cyber
world
Below
50%
Meets
51- 60%
Meets 61- Above 70%
69 %
PLO
PEO
Poor
understa
nding
and
Slow
learner
No
clarity
on the
given
topic
and fail
to
understa
nd the
basics of
domain
name ,
metatagging
and
linking
dispute
Student’s
gives
brief
descriptio
n of topic
relate it
with law
and case
study
1, 2,
, 3 ,4
6 and
7
1,
1, 2
2,3,
An
5 and d 3
6
Students
gives brief
description
on
the
topic,
explain
various
laws to that
area with
case study
and
also
relate with
current
aspect,
global
scenario.
WEBSITES

http://indiancaselaws.wordpress.com/category/technology/

http://galido.net/blog/

http://gradestack.com/NUJS-Diploma-Course-in-Entrepreneur/Information-Technology-
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015
GA
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and-Law/14945-2975-2783-study-wtw
Course Website: https://sites.google.com/a/nirmauni.ac.in/information-communicationand-technology/
Blog:
Niteshupadhyay2015.wordpress.com
As part of 24X7 learning environment, the blog is intended to take the learners beyond class
environment and hence gives them an opportunity to learn in an interactive manner. The Blog
covers a wide array of topics within and outside the subject area in order to bring a global
perspective to the class discussion. Students may post their comments, views and voice of
descent on relevant issues.
CLASS DECORUM –
1.
2.
3.
4.
Thou shalt be prepared for class.
Thou shalt be on time.
Thou shalt not be afraid to ask questions.
Thou shalt not be afraid to voice your opinion, even when it is believed to be contrary to
the professor's.
5. Thou shalt tolerate the professor's offbeat sense of humor.
6. Thou shalt respect thy classmates.
7. Thou shalt understand that there is method in the madness.
8. Thou shalt not be afraid to seek out the professor's office.
9. Thou shalt regularly attend class.
10. Thou shalt take a deep breath and prepare for a long, hard semester.
11. Timely submission of assignments, projects and reports is a must.
12. Academic honesty is expected.
13.There is zero tolerance for any kind of indiscipline.
NOTE: ALL TERM ASSIGNMENT COMPONENTS ARE AT PAR WITH THE
RULES APPLICABLE TO MSE & SEE REGULATIONS. ABSENCE
WITHOUT PRIOR PERMISSION WOULD INVITE ASSIGNING ZERO
MARKS. IN NO CIRCUMSTANCES RE-EXAMINATION WOULD BE
ENTERTAINED.
SEMESTER - IX /Information and Communication Technology Law / JULY 2015 TO DEC 2015