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Law Cyber PDF
Law Cyber PDF
Forensic Psychiatry
Cyber Laws
M.S. Bhatia, Shruti Srivastava
Department of Psychiatry, UCMS & GTB Hospital, Delhi, University of Delhi
Cyber crime is unlawful act wherein the to stealing the credit card information, transferring
computer is either a tool or a target or both Cyber money from various bank accounts to their own
crimes can involve criminal activities that are account followed by withdrawal of money.
traditional in nature, such as theft, fraud, forgery, By hacking web server taking control on
defamation and mischief, all of which are subjects another persons website called as web hijacking
to the Indian Penal Code. The abuse of computers B. Trojan Attack
has also given birth to a range of modern crimes
that are addressed by the Information Technology The program that acts like something useful
Act, 2000. but do the things that are quiet damping. The
programs of this kind are called as Trojans. The
Type of Cyber crimes name Trojan Horse is popular.
i) The Computer as a Target :-using a Trojans come in two parts, a Client part and a
computer to attack other computers. e.g. Hacking, Server part. When the victim (unknowingly) runs
Virus/Worm attacks, DOS attack etc. the server on its machine, the attacker will then use
ii) The computer as a weapon :- using a the Client to connect to the Server and start using
computer to commit real world crimes. e.g. Cyber the trojan.
Terrorism, IPR violations, Credit card frauds, EFT TCP/IP protocol is the usual protocol type used
frauds, Pornography etc. Cyber crimes are regulated for communications, but some functions of the
by Cyber Laws or Internet Laws. trojans use the UDP protocol as well.
transactional, and distributive aspects of networked space (and thus subject to a given jurisdiction’s
information devices and technologies. It is less a laws) or to act as if the Internet is a world unto
distinct field of law in the way that property or itself (and therefore free of such restraints). Those
contract are, as it is a domain covering many areas who favor the latter view often feel that government
of law and regulation. Some leading topics include should leave the Internet community to self-
intellectual property, privacy, freedom of regulate. John Perry Barlow, for example, has
expression, and jurisdiction. addressed the governments of the world and stated,
“Where there are real conflicts, where there are
Jurisdiction and sovereignty
wrongs, we will identify them and address them by
Issues of jurisdiction and sovereignty have our means. We are forming our own Social Contract.
quickly come to the fore in the era of the Internet. This governance will arise according to the
The Internet does not tend to make geographical conditions of our world, not yours. Our world is
and jurisdictional boundaries clear, but Internet different”. 3 A more balanced alternative is the
users remain in physical jurisdictions and are Declaration of Cybersecession: “Human beings
subject to laws independent of their presence on possess a mind, which they are absolutely free to
the Internet. 1 As such, a single transaction may inhabit with no legal constraints. Human civilization
involve the laws of at least three jurisdictions: is developing its own (collective) mind. All we want
1. the laws of the state/nation in which the is to be free to inhabit it with no legal constraints.
user resides, Since you make sure we cannot harm you, you have
2. the laws of the state/nation that apply where no ethical right to intrude our lives. So stop
the server hosting the transaction is located, intruding!”4 Other scholars argue for more of a
and compromise between the two notions, such as
3. the laws of the state/nation which apply to Lawrence Lessig’s argument that “The problem for
the person or business with whom the law is to work out how the norms of the two
transaction takes place. So a user in one of communities are to apply given that the subject to
the United States conducting a transaction whom they apply may be in both places at once”
with another user in Britain through a server (Lessig, Code 190).
in Canada could theoretically be subject to Though rhetorically attractive, cybersecession
the laws of all three countries as they relate initiatives have had little real impact on the Internet
to the transaction at hand.2 or the laws governing it. In practical terms, a user
Jurisdiction is an aspect of state sovereignty of the Internet is subject to the laws of the state or
and it refers to judicial, legislative and administra- nation within which he or she goes online. Thus, in
tive competence. Although jurisdiction is an aspect the U.S., Jake Baker faced criminal charges for his
of sovereignty, it is not coextensive with it. The e-conduct (see Free Speech), and numerous users
laws of a nation may have extraterritorial impact of peer-to-peer file-sharing software were subject
extending the jurisdiction beyond the sovereign and to civil lawsuits for copyright infringement. This
territorial limits of that nation. This is particularly system runs into conflicts, however, when these
problematic as the medium of the Internet does not suits are international in nature. Simply put, legal
explicitly recognize sovereignty and territorial conduct in one nation may be decidedly illegal in
limitations. There is no uniform, international another. In fact, even different standards concerning
jurisdictional law of universal application, and such the burden of proof in a civil case can cause
questions are generally a matter of conflict of laws, jurisdictional problems. For example, an American
particularly private international law. An example celebrity, claiming to be insulted by an online
would be where the contents of a web site are legal American magazine, faces a difficult task of
in one country and illegal in another. In the absence winning a lawsuit against that magazine for libel.
of a uniform jurisdictional code, legal practitioners But if the celebrity has ties, economic or otherwise,
are generally left with a conflict of law issue. to England, he or she can sue for libel in the British
Another major problem of cyberlaw lies in court system, where the standard of “libelous
whether to treat the Internet as if it were physical speech” is far lower.
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DELHI PSYCHIATRY JOURNAL Vol. 13 No.1 APRIL 2010
citizens will be known by their usernames or email and subject to similar laws and regulations.
addresses. Since the Internet defies geographical Scandals with major corporations led to US
boundaries, national laws will no longer apply. legislation rethinking corporate governance
Instead, an entirely new set of laws will be created regulations such as the Sarbanes-Oxley Act.
to address concerns like intellectual property and 2. Architecture: West Coast Code: these
individual rights. In effect, the Internet will exist mechanisms concern the parameters of how
as its own sovereign nation. information can and cannot be transmitted
Even if the Internet represents a legal paradigm across the internet. Everything from
shift, Johnson and Post do not make clear exactly internet filtering software (which searches
how or by whom the law of the Internet will be for keywords or specific URLs and blocks
enforced. Instead, the authors see market them before they can even appear on the
mechanisms, like those that Medieval merchants computer requesting them), to encryption
used, guiding Internet citizens’ actions like Adam programs, to the very basic architecture of
Smith’s invisible hand. Yet, as more physical TCP/IP protocol, falls within this category
locations go online, the greater the potential for of regulation. It is arguable that all other
physical manifestation of electronic misdeeds. What modes of regulation either rely on, or are
do we do when someone electronically turns off significantly supported by, regulation via
the hospital lights? West Coast Code.
However, there is also substantial literature and 3. Norms: As in all other modes of social
commentary that the internet is not only “regulable,” interaction, conduct is regulated by social
but is already subject to substantial regulation, both norms and conventions in significant ways.
public and private, by many parties and at many While certain activities or kinds of conduct
different levels. Leaving aside the most obvious online may not be specifically prohibited
examples of internet filtering in nations like China by the code architecture of the internet, or
or Saudi Arabia (that monitor content), there are expressly prohibited by applicable law,
four primary modes of regulation of the internet nevertheless these activities or conduct will
described by Lawrence Lessig in his book, Code be invisibly regulated by the inherent
and Other Laws of Cyberspace: standards of the community, in this case
1. Law: Standard East Coast Code, and the the internet “users.” And just as certain
most self-evident of the four modes of patterns of conduct will cause an individual
regulation. As the numerous statutes, to be ostracised from our real world society,
evolving case law and precedents make so too certain actions will be censored or
clear, many actions on the internet are self-regulated by the norms of whatever
already subject to conventional legislation community one chooses to associate with
(both with regard to transactions conducted on the internet.
on the internet and images posted). Areas 4. Markets: Closely allied with regulation by
like gambling, child pornography, and fraud virtue of social norms, markets also
are regulated in very similar ways online regulate certain patterns of conduct on the
as off-line. While one of the most internet. While economic markets will have
controversial and unclear areas of evolving limited influence over non-commercial
laws is the determination of what forum has portions of the internet, the internet also
subject matter jurisdiction over activity creates a vir tual mar ketplace for
(economic and other) conducted on the information, and such information affects
internet, particularly as cross border everything from the comparative valuation
transactions affect local jurisdictions, it is of services to the traditional valuation of
certainly clear that substantial portions of stocks. In addition, the increase in
internet activity are subject to traditional popularity of the internet as a means for
regulation, and that conduct that is unlawful transacting all forms of commercial
off-line is presumptively unlawful online, activity, and as a forum for advertisement,
Delhi Psychiatry Journal 2010; 13:(1) © Delhi Psychiatric Society 143
DELHI PSYCHIATRY JOURNAL Vol. 13 No.1 APRIL 2010
has brought the laws of supply and demand Conferences related to cyberlaw
in cyberspace. State of Play, a conference series put on by
the Institute for Information Law & Policy
Internet regulation in other countries at New York Law School, concerning the
While there is some United States law that does intersection of virtual worlds, games and
restrict access to materials on the internet, it does the law.
not truly filter the internet. Many Asian and Middle
Eastern nations use any number of combinations References
of code-based regulation (one of Lessig’s four 1. Trout B. “Cyber Law: A Legal Arsenal For
methods of net regulation) to block material that Online Business”, New York: World Audience,
their governments have deemed inappropriate for Inc., 2007.
their citizens to view. China and Saudi Arabia are 2. Emerging Technologies and the Law: Forms
two excellent examples of nations that have and Analysis, by Richard Raysman, Peter
achieved high degrees of success in regulating their Brown, Jeffrey D. Neuburger and William E.
citizens access to the internet.[10][6] Bandon, III. Law Journal Press, 2002-2008.
Pavan Duggal[11], Advocate, Supreme Court ISBN 1-58852-107-9.
and Cyberlaw expert has also been vocal about 3. Barlow. “A Declaration of the Independence of
India’s Information Technology Act 2000, and did Cyberspace”. http://homes.eff.org/~barlow/
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has been critical of the efficacy of new Amendments 4. “An Introduction to Cybersecession”. http://
to IT Act 2000 in India.He believes that new editthis.info/cybersecession/An_Introduction_
amendments,passed by Indian Parliament in Dec to_Cybersecession.
2008, are not at all sufficient in the context of the 5. Zittrain, Jonathan. “Be Careful What You Ask
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See also 6. “All Content related to China”. OpenNet
Centers and groups for the study of cyberlaw Initiative. http://www.opennetinitiative.net/
and related areas studies/china/.
Berkman Center for Internet and Society 7. “Google Replacements”. Harvard. http://
at Harvard Law School cyber.law.harvard.edu/filtering/china/google-
Norwegian Research Center for Computers replacements/.
and Law 8. Gibson, Owen. “Warning to chatroom users
Stanford Center for Internet and Society, after libel award for man labelled a Nazi”. The
at Stanford Law School Guardian. http://www.guardian.co.uk/law/
The Centre for Internet and Society, in story/0,,1737445, 00.html, 2006.
Bangalore, India. 9. “Law and Borders - The Rise of Law in
Center for the Study of the Public Domain Cyberspace”. http://www.cli.org/X0025_
and Intellectual Property and Cyberlaw LBFIN.html.
Society at Duke Law School 10. “All Content related to Saudi Arabia”. OpenNet
Topics related to cyberlaw Initiative. http://www.opennetinitia-tive.net/
Copyright, especially the Digital Millenium studies/saudi/.
Copyright Act in the United States, and 11. Pavan Duggal’s Website, Pavan Duggal’s
similar laws in other countries Website
Digital Rights Management 12. “What’s wrong with our cyber laws?”. Express
File sharing Computer. http://www.express computeronline.
Intellectual property com/20040705/news analysis01.shtml
Internet censorship 13. Amendments to IT Act, New Amendments to
Spamming IT Act 2000.
The Law of Cyber-Space (book) 14. Amendments to IT Act, New Amendments to
IT Act 2000.
144 Delhi Psychiatry Journal 2010; 13:(1) © Delhi Psychiatric Society