CENTRAL UNIVERSITY OF SOUTH BIHAR

DEPARTMENT OF LAW & GOVERNANCE

SCHOOL OF LAW & GOVERNANCE

End Term Examinations, 2019-2020

Semester: 1th Semester Session: 2019-20

Programme: LL.M. (One Year) Maximum Marks: 50 Marks
Course Code: MLLAW1006E02 Course Title: Cyber Law
Duration/Time: 3 Hours
Instruction(s):
Attempt two questions from Part A and three questions from Part B.
All questions carry equal marks.

PART- A
1. Where is cyberspace? The answers to this question seem to approach the
metaphysical: it is everywhere and nowhere; it exists in the smallest bursts of matter
and energy and is called forth only by the presence of man through the intercession of
an Internet provider. If the answers are useless, it only shows that we are asking the
wrong question. Critically examine the issues related with the jurisprudence of
prescriptive jurisdiction in cyber space.
(10 Marks)
2. The revival of the trespass to chattels doctrine in the context of cyberspace has had
unexpected and far reaching consequences. Trespass to chattels, a doctrine developed
to protect physical property, was first applied in cyberspace cases to combat spam,
unwanted commercial bulk e-mail. However, recently courts have expanded the
doctrine to reach activities that lie at the heart of the Internet-noncommercial e-mail
and spiders, automatic programs that search the Internet. This expansion threatens
basic Internet functions and exposes the flaws inherent in applying doctrines based in
real and tangible property to cyberspace. “How far do you agree with the above view?
Outline the scope of secure data and authenticity in the light of evolution of practices
of assessment of authenticity.
(10 Marks)
3. To provide security and legal recognition to the transactions executed electronically,
the Indian Parliament enacted the Information Technology Act, 20002 modelled on
UNCITRAL's Model Law, though it departs in many respects from the spirit of the
Model Law. However, we have experienced a series of evidentiary issues with regard
to online transactions especially those entered through online marketing based apps

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 such as Amazon.in and Flipkart Explore plus. Identify the necessary steps and issues
related to e-commerce in India.
(10 Marks)
4. Assess the efficacy of IT law of India regarding data protection in the light of current
development of Whatsapp automatic access of numbers in mobile and capacity to
monitor individual data by Google and Facebook. Also examine government
employees’ liability in cases of official capacity access to data.
(10 Marks)

Part- B
5. “The growth of telecommunication and electronic commerce has led to a growing
commercial market for digital encryption technologies. Business need encryption to
protect and to establish secure links with their customer .Law enforcement needs it to
stop those under investigation from intercepting police communications. Individuals
need it to protect their private communication.” Discuss the scope of right to privacy
in cyber space in the light of latest developments regarding monitoring and
interference of Government.
(10 Marks)
6. The Council of Europe’s Convention on Cybercrime (‘Convention’) was the first
multilateral binding instrument to regulate cybercrime. Having recently passed the
10th anniversary of its coming into force, it is timely to reflect on the Convention’s
role in the harmonization of cybercrime laws and its place amongst other international
efforts to combat cybercrime. Discuss the importance of harmonization in combatting
cybercrime. To what extent European Cyber Crime Convention is comprehensive;
protective of rights; and representative.
(10 Marks)
7. Elucidate the law relating to voyeurism in India. Series of cases have been reported
every year about the hidden camera or web cam in changing rooms of the garment
hotels and motels in India. What regulatory measures have taken under the IT Act to
prevent these incidents in India? Also discuss the mechanism to deal with the issues
related with morphing and impersonation of women resulting threat of
commodification of the women in cyberspace.
(10 Marks)

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