SEMESTER III

B.Com./II Year [CBCS]

Cyber Crime and Laws-20117
Maximum Marks :75
T i m e :3 Hours
marks.
Attempt all questions. All questions carry equal
Q. 1. (a) What is 'Cyber Crime'? What are the various modes and manners of9

committing cyber crimes? 6

between Trademarks and Domain Names.
(b) Distinguish
Ans. (a) See Q. 1, Page 3.
Domain names and
trademarks and domain names :
(6) Difference between the two.
there are specific differences between
trademarks can be very similar but domain but domain
Often a company will use its
brand name as its name,
same domain
names are unique by nature.
No two websites can share the
trademarks.
can share similarities in
name, but multiple companies
trademark law will not give
Domain names may be generic-generally
"software".
protection to generic words e.g. "computer", of goods or services, while domain
Trademarks often only protect a limited set
associated with the domain
names effectively are exclusive, covering anything
name owner's website.
does not make the domain name
a
domain names
Simply registering trademark laws.
trademark. The domain name is still subject to existing
domain names. In a domain
Trademarks are generally more valuable than
if a
name dispute, the most you gain
is transfer of ownership. Comparatively,
is
and committing trademark
site is found to be in violation of trademark laws
infringement, face much higher monetary punishments. name/trademark e.g. Delta
More than two companies can have the same brand
Airlines and Delta Faucets.

Difference between Trade Marks and Domain Names

Basis Trade Marks Domain Names
S. No.
its No such proprietary rights are
1 Proprietary |An organisation gets domain
trademark registered to get|provided on getting
rights proprietary rights over it. name registered.
or It provides unique identity over
2 Identity It distinguishes ROods
services of one organisation|the internet through which one
from those of other organisation. |organisation can be identified
separately on the internet.
Form A trademark may consist of| A domain name may consist of
words, Jetters, numbers, |both words and numbers.
colours, shape of goods etc. or
any combination of such signs.
4 Class of goods A trademark is registered in No such classitication ot classes
or services respect of the class of goods or | is there for a domain rame to
services. be registered.
5 Validity period A registered trademark is valid | A registered domain nar
for a period of 10 years and can|valid for a period specified in
the agreement between the
|be renewed for a further period |organisation and authorised
of 10 years.
registrar and it can be renewed
per the agreement.
as

(161)
 162 B.Com./1I Year / SEMESTER-I / Paper BC 3.4 (b) [CBCSI

Or
(a) Define the term Domain Name'. What are the different types of disputes
with respect to domain name? 9
(6) How is Conventional Crime different from Cyber Crime? 6
Ans. (a) Domain name is your website name. A domain name is the address where
Internet users can access your website. A domain name is used for finding and identifying
computers on the Internet. Computers use IP addresses which are a series of number.
However, it is difficult for humans to remember strings of numbers. Because of this, domain
names were developed and used to identify entities on the Internet rather than using IP
addresses. A domain name can be any combination of letters and numbers, and it can be
used in combination of the various domain name extensions, such as .com, .net and more.
The domain name must be registered before you can use it. Every domain name is unique.
No two websites can have the same domain name. On the Internet, your domain name is
your unique identity. Any individual, business or organization planning to have an Internet
presence should invest in a domain name. Having your own domain name, website and
email addresses will give you and your business a more professional look. Another reason
for a business to register a domain name is to protect copyrights and trademarks, build
creditability, increase brand awareness and search engine positioning.
Domain name disputes are generally occurred in the form of Cyber Squatting. Cyber
Squatting means where two persons or business entities claim for the same Domain Name
either by claiming that they are the legitimate owner of the domain name as they had
registered the name first or using something similar to the previously registered domain
name. It is usually done to give deceptive impression that there is some kind of afiliation
with the trademark which is being used as a web address. For example two similar names
i.e. www.yahoo.com and www.yaahoo.com are used by two different identities in order to
gain profits by using the name of popular business identity in its own domain name.
CASES OF DISPUTES
1. Bharti Cellular Ltd.-It is the most widely known case. Bharti Cellular Ltd. fileda
case in the Delhi High Court that some cyber squatters had registered domain names such
as barticellular.com and bhartimobile.com with Network solutions under different fictitious
names. The court directed Network Solutions not to transfer the domain names in question
to any third party and the matter is sub-judice.
2. Yahoo Inc. vs. Akash Arora-Facts of the case-Yahoo had sued one Akash Arora
for use of the domain name "Yahooindia.com deceptively similar to its "Yahoo.com. The
defendant raised the issue that its website had a disclaimer that it was not connected to the
plaintiffs website and due to this there was no confusion of any kind.
Judgement-The court found that the marks were similar and the disclaimer would not
avoid confusion. Moreover the word yahoo was protected as it is well known trademark
used by the plaintiff and was distinctive.
Domain names have become precious commodities as the internet has no boundaries
and no closing hours and unlike trade marks cach domain name is unique. This means there
can often be some pressure to be the first to register a domain name, and this can lead to
disputes on the "right" to register. As a result domain name disputes can arise. Domain
names and disputes are managed according to policies set by ICANN (Internet Corporation
for Assigned Names and Numbers). ICANN passes over
responsibility
for the registration
of domain names to registrars. There are over 1,500 accredited registrars each with their own
policies and procedures tor registering, maintaining and handling domain names. Registrars
are determined not to be included or accept liability for any dispute. The courts have
maintained this protection for registrars.
Disputes concerningsocalled generic Top Level Domains(gTLD) such as biz, com
info, name, .net, and .or8. are managed by an ICANN-authorised dispute resolution servie

provider.
 Cyber Crime and Laws: 2017 163

(b)
Basis Cyber Crimes Conventional Crimes
No.
1. EvidenceCyber
1. Evidence criminals use digital medium Traditional criminals usually
of offences which does not require their physical leave traces of a crime,
presence in committing a crime. Thus, it through either fingerprints or
leaves very little evidence about the|other physical evidences.
cyber crime which makes it a difficult
task for forensic investigators to catch|
the cyber criminals.
2. Fake The Internet also allows the anonymityIt is difficult for traditional
identity of its users, and this implies that cyber criminals to fake their
| criminals can use any fake identitygender, race, or age.
|while committing a crime.
3. Length of The length of investigations is also Traditional crimes take
investigati- |different between traditional crimes and |shorter time period to
on cyber crimes. Since cyber crime involves investigate because the
|fake identities and remote locations, it criminals usually leave
usually takes longer to locate and|evidenc such as DNA,
identify the true cyber criminals and fingerprints,
apprehend them. photographs
and videos captured on
Surveillance cameras, identity
cards that can be used to
identify and capture the
4. Easy culprits.
Cyber criminals can use the Such rescue is not available in
rescue Constitution to protect themselves from conventional crimes where
prosecution. This implies that even in other evidences can be
situations where cyber criminals are |generally found.
apprehended, investigator cannot force
| them to present a proof for a committed
crime due to the existing legal provision|
saying that nobody can be forced to|
|become a witness against himself in any
criminal case. Thus the investigation
may take long time unless the|
investigators 8athered irrefutable
evidence about the crimes.
5. Force Cyber crimes do not require the use of| Most of the iraditional crimes
involved any force over victim since the criminals| (such as rape, murder, arson,
merely get face to face with the victim to and burglary among others)
steal from them. For example, cyber|involve the use of excessive
criminals use spoofing and pishing to| force that results in physical
obtain personal information such as injury and trauma on the
credit card numbers from their victims, |victims.
or use encrypted emails to coordinate a
theft remotely.
164 B.Com./II Year / SEMESTER-IIl/ Paper BC 3.4 (6) [CBCS]

Q. 2. (a) What are the various advantages and disadvantages of using the
internet? 9
(6) What are the 'e-forms'? Describe the advantages of using e-forms. 6
Ans. (a) See Q.1, Page 22.
(6) As per section 2(r) "electronic form", with reference to information, means any
information generated, sent, received or stored in media, magnetic, optical, computer
micro film, computer generated micro fiche of similar device.
memory,
Electronic Form-An e-form (electronic form) is a computer program version of a
paper form. Aside from eliminating the cost of printing, storing, and distributing pre-
printed forms, and the wastage of obsolete forms, e-forms can be filled out faster because the
programming associated with them can automatically format, calculate, look up, and
validate information for the user. With digital signatures and routing via e-mail, approval
cycle times can be significantly reduced. With electronic submission of completed forms,
you can eliminate the cost of rekeying data and the associated errors. Compared to paper
forms, e-fornms allow more focus on the business process or underlying problem for which
they are designed (for example, expense reporting, purchasing, or time reporting). They can
understand the roles and responsibilities of the different participants of the process and, in
turn, automate routing and much of the decision making necessary to process the form.
Some e-form products now support many of the well established Internet/ intranet
protocols. Organizations that rely on intranets and the Internet for internal, public. and
business-to-business communications can further benefit by integrating intelligent e-forms
for data collection and process automation. Many software programs include e-forms as an
integral part of the application.
Electronic records have the advantage that they are reusable. One can very quickly
adapt a record or compile a new record on the basis of an existing one. This digital
advantage is at the same time vulnerability because adaptations or changes are not always
observable. Because of this, the reliability of electronic records might be questioned. Finding
methods for guaranteeing the reliability of digital documents in general, or electronic
records in particular, is the subject of researching various professional fields. At present, ne
of the most widely suggested solutions is digital signing electronic records. More
specifically, the use of asymmetric cryptography and the digital signature is advanced as a
proof of authenticity and integrity for electronic records. This technique might also be usable
to ensure the reliability of electronic records.
Dr
(a) Describe the term 'e-contract'. What are the essentials of e-contract? 9
(b) What is 'Internet Governance'? Who governs the internet?
Ans. (a) See Q.5.(b), Page 154.
(b) Internet governance is the development and application of shared principles, norms,
rules, decision-making procedure and program that shape the evolution and use of the
internet.
According to Yochai Benkler, there are three layers of governance
1. Physical infrastructure layer (through which information travels).
2. Code or logical layer (controls the infrastructure).
3. Content layer (contains the information signalled through the network).
Who governs the internet?
Internet is not governed by any organisation rather it is coordinated by many volunteer
arganizations. ISOC (Internet Society), an open membership professional society is the
hiogest organisation which works for internet development and benefit the
the world. A large number or organizations, corporations, government people arouna
agencies ana
individuals are the members ot IsC. IsOC's membership is open for alil. It mainly
 Cyber Crime and Laws: 2017
165

ddresses three issues

1 It frame policy regarding copyright, privacy access and censorship.
2 It provides education and training program in different countries for
betterment of internet infrastructure.
3. It works for development and maintenance of internet standards.
It works through four inter-related global standard bodies, these are
(a) Internet engineering task force (IETF).
(b) Internet engineering steering group (IESG).
(c) Internet architecture board (IAB).
(d) Internet research task force (IRTF).
0. 3. (a) Discuss the provisions for attribution and dispatch of Electronic
Records'. 9
(b) Write short notes on the following
(i) E-Governance
(ii) Key pair. 6
Ans. (a) Attribution of electronic records: An electronic record shall be attributed to
the originator-
(i) if it was sent by the originator himself;
(ii) by a. person who had the authority to act on behalf of the originator in respect
of that electronic record; or,
(ii) by an information system programmed by or on behalf of the originator to
operate automatically.
Time and place of dispatch and receipt of electronic record-
() Save as otherwise agreed to between the originator and the addressee, the
dispatch of an electronic record occurs when it enters a computer resource
outside the control of the originator.
(i) Save as otherwise agreed between the originator and the addressee, the time
of receipt of an electronic record shall be determined as follows, namely
(a) if the addressee has designated a computer resource for the purpose of
receiving electronic records,-(i) receipt occurs at the time when the
electronic record enters the designated computer resource; or (ii) if the
electronic records is sent to a computer resource of the addressee that is
not the designated computer resource, receipt occurs at the time when
the electron+c records is retrieved by the addressee;
(b) if the addressee has not designated awhen computer resource along with
the electronic record enters
specified timing, if any, receipt occurs
the computer resource of the addressee.
Save as otherwise agreed to between the originator and the addressee, an
(iii) electronic record is deemed to be despatched at the place where the
and is deemed to be received at the place
originator has his place of business,
where the addressee has his place of business.
155.
(bi) E-Governance:See Q.5(a), Page
are used in Asymmetric Cryptography which is a
(i) Key pair-Public and private keys i.e, public
use of a pair of keys. One key for encryption
Smart bit of maths that allows the These two keys are so related that a message
Key and one key for decryption i.e. private key.
be decrypted by using the corresponding paired
only
encrypted by one public key
can

private key. send message to the recipient

it allows anyone to a
The "public key" is freely available;
in a secure
manner.
166 B.Com./11 Year /SEMESTER-II / Paper BC 3.4 (b) [CBCS]

Public Key vs. Private Key

Prvate Key
S Basis Public Key
No.
It is non secret as it is freely|lt is a secret password which is
1. Secrecy
available to the public. known only to the owner or
subscriber.
2. Usee It is used by the receiver to verify|It is used by the subscriber to
|the sender's digital certificate. It is create the digital signature and
used to encrypt the message. | decrypt the message.
3 Listed It is listed in Digital Signature It is not listed in Digital
Signature Certificate.
|Certificate.
Or

(a) What are the provisions related to authentication of electronic records by

affixing digital signature under the IT ACT? 9
(b) What are the provisions related with the manner in which
acknowledgement of receipt of an electronic record by different modes shall be
made under the IT Act? 6
Ans. (a) See Q.3, Page 37
(6) Acknowledgement of receipt-(4) Where the originator has not agreed with the
addressee that the acknowledgement of receipt of electronic record be given in a particular
formor by a particular method, an acknowledgment may be given by-
a) any communication by the addressee, automated or otherwise; or
6) any conduct of the addressee, sufficient to indicate to the originator that the
electronic record has been received.
(ii) Where the originator has stipulated that the electronic record shall be binding only
on receipt of an acknowledgment or such electronic record by him, then unless
acknowledgment has been so received, the electronic record shall be deemed to have been
never sent by the originator.
(ii) Where the originator has not stipulated that the electronic record shall be binding
ondly on receipt of such acknowledgment, and the acknowledgment has not been received by
the originator within the time specified or
agreed or, if no time has been specified or agreed
to within a reasonable time, then the originator may give notice to the addressee sating that
no acknowledgment has been received by him and specifying reasonable time by which the
acknowledgment must be received by him and if no acknowledgment is received within the
aforesaid time limit he may after giving notice to the addressee, treat the electronic record as
though it has never been sent.
Q.4. (a)i) The Appellate Tribunal has the same as a Civil Court
powers but an
aggrieved party may appeal to the High Court.
Distinguish between Cyber contraventions' and 'Cyber offences'. 9
(b) Describe the meaning and punishment for cyber terrorism under
66F of IT Act. Section6
Ans. (a)i) Procedure and powers of the Cyber Appellate Tribunal:
(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by
Code of Civil Procedure, 1908 but shall be guided by the the
subject to the other provisions of this Act and of any rules,
principles
of natural and,
justiçe shall
the Cyber Appellate Tribunal
have powers to regulate its own procedure including the place at which it shall have its sitting
(2) The Cyber Appellate Tribunal shall have, for the purposes of discharging
functions under this Act, the same powers as are vested in a civil court under the Code ts
ot
Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:
 Cyber Crime and Laws: 2017 167

summoning and entorcing the attendance of any person and examining himn
() on oath;
b) requiring the discovery and production of documents or other electronic
records;
) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses of documents;
e) reviewing its decisions;
dismissing an application for default or deciding it ex parte;
g) any other matter which may be prescribed.
0) Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a
dicial procceding within the meaning of sections 193 and 228.
Appeal to High Court: Any person aggrieved by any decision or order of the Cyber
ppellate Tribunal may file an appeal to the High Court within sixty days from the date of
ommunication of the decision or order of the Cyber Appellate Tribunal to him on any
uestion of fact or law arising out of such order: Provided that the High Court may, if it is
atisfied that the appellant was prevented by sufficient cause form filing the appeal within
he said period, allow it to be filed within a further period not exceeding sixty days.
(ii) Cyber contravention is a violation of a cyber law that does not result in criminal
roceedings but may result in civil proceedings. The punishment may range from payment
f compensation or penalty while cyber offences can be defined as the executions of an act
hat is prohibited by cyber laws. This type of crime may result in criminal prosecution and
fender may be punished with imprisonment or heavy fine.
Cyber contraventions are "civil wrong" for which compensation is payable by the
lefaulting party. Cyber offences on the other hand constitute cyber frauds and crimes which
are "criminal wrong" for which punishment, imprisonment or fine is prescribed by the IT
Act, 2000.
(h) See Q. (b), Page 147.
Or
a) How is a Controller of Certifying Authority appointed? What are his
unctions under the IT Act, 2000? 9
(b) Briefly discuss meaning and punishment for publishing or transmitting
bscene material in electronic form.
Ans. (a) See Q. 1(a) Page 127.
(b) See Q. 1(b)i), Page 128.
Q.5.(a) What do you mean by intellectual property? Briefly discuss the various
ypes of intellectual property.
(b) What do you understand by 'Digital Signature Certificate' as per the IT Act
000? What purpose does this certificate serve? 6
Ans. (a) See Q. 4(b), Page 151.
(b) See Q. 3, Page 110.
Or
(a) Discuss the role of "Certifying Authority" as per the Information
echnology Act, 2000. 9
(b) What do you understand by the term 'Copyright'? Explain the provisions
eiating to copyright infringement.
Ans. (a) See Q. 4(a)(ii), Page 148.
Copyright is a legal right created by the law of a country that grants the creator of an
Sinal work exclusive rights for its use and distribution. This is usually only for a limited
Me.
168 SEMESTER III
B.Com./II Year [CBCS]
Cyber Crime and Laws-2017
to authorise or
Copyright infringement : Copyright owners generally have the right
prohibit any of the following things in relation to their works: copying the work in any way.
For example, photocopying, reproducing a printed page by handwriting, typing or scanning
into a computer, or making a copy of recorded music issuing copies of the work to the
of the work to the public. However, Some lending of
public renting or lending copies
Scheme and this lending does not
copyright works falls within the Public Lending Right work in
intringe copyright performing, showing or playing the public. Obvious examples
are performing plays and music, playing sound recordings
and showing films or videos in
involves performance of music
public. Letting a broadcast be seen or heard in public also
and other copyright material contained in the broadcasting the
work or other
communication to the public by electronic transmission. This includes puting copyright
material on the internet or using it in an on demand service where members of the public
choose the time that the work is sent to them making an adaptation of the work, such as by
translating a literarydramatic work, transcribing a musical work and converting a
or
code. Copyright is infringed when
computer program into a different computer language or
whether directly or indirectly and
any of the above acts are done without permission,
within
whether the whole or a substantial part of a work is used, unless what is done falls
the scope of exceptions to copyright permitting certain minor uses.
that
Copyright is essentially a private right so decisions about how to enforce your right
is what to do when your copyright work is used without your permission, are generally for
Deliberate infringement of copyright on a commercial scale may be a criminal
you to take.
offence.