SCHOOL OF LAW

KIIT Deemed to be University, Bhubaneswar-751024

SEMESTER VIII
B.A.LL.B/B.B.A.LL.B/B.Sc. LL.B.
(2018-2023 Admitted Batch)

CYBER LAW [LW 4018]

PRINCIPAL TEACHERS

Ms. Sambhabi Patnaik, Asst. Professor

Ms. Lipsa Dash, Faculty Associate
KIIT School of Law
Books:

1) Aparna Viswanathan, Cyber Law: Indian & International Perspectives on Key

Topics Including Data Security, E-commerce, Cloud Computing and Cyber
Crimes
2) Vakul Sharma & Seema Sharma, Information Technology Law and Practice-
Cyber Laws and Laws Relating to E-Commerce
3) Nandan Kamath, Law Relating to Computers Internet & E-commerce

Course Outcome: The first and foremost object of the course is to introduce the student to the
general principles of Information & Communication Technology Law and then help them in
understanding the nuances and its application. In other words the chief object of the course is
learning & understanding the fundamental principles of Internet Law.
Module Objective: In this module students will learn different national and international
principles for establishing Jurisdiction in Cyberspace.

Module 1- Cyberspace and jurisdiction

1.1 Need and Scope of Cyber Law

1.2 Important definitions
1.2 Jurisdictional issues in Cyberspace
1.3 US and EU Approach to Personal Jurisdiction: Minimum Contacts Test, Purposeful
Availment Test, Zippo ‘Sliding Scale’ Test and Effect Test
1.4 Indian Position on Cyber Jurisdiction

Cases References:
 International Shoe Co. Vs State of Washington, 326 US 310 (316) (1945)
 Bensussan Restaurant Vs. King 937 F. Supp. 295 (SDNY, 1996)
 Panavision International vs. Toepen 141 F.3d 1316
 Zippo manufacturing v Zippo dot. com 952 F.Supp.1119
 Calder v. Jones 465 U.S. 783 (1984)
 Banyan Tree Holdings Limited vs Mr. M. Murali Krishna Reddy & Anr. CS (OS)
894/2008
 Licra Vs. Yahoo (2000)

Essential Readings:

 https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1163&context=mttlr
 https://cis-india.org/internet-governance/publications/jurisdictional-issues

Class Exercise:

The plaintiff Justin, sued the defendants, the National Enquirer, its distributor, the writer of the article, and
Selina, the editor-in-chief of the magazine, over an October 9, 1979 article in which the  Enquirer alleged that
Justin was an alcoholic. Justin lived in Huston, and although the Enquirer article had been written and edited
in Boston, Justin filed his lawsuit in Huston state court. Selina asserted that the court had jurisdiction based on
the large circulation Enquirer enjoyed in Huston - selling over 600,000 copies each week out of a total national
circulation of about 5,000,000 copies per week. Decide on the above based facts where will the personal
jurisdiction lie. Justify your answer using the appropriate test.
Module Objective: To understand and analyze the major cyber crimes across globe and with
specific reference to Indian context.

Module 2: Cyber Crime: An Overview

2.1 Introduction to Cyber Crimes

2.2 Cyber Crimes vs. Conventional Crime
2.3 Classification of Cyber Crimes
2.4 Cyber Contraventions under IT Act
2.5 Cyber Crimes not listed under IT Act
Cases:

 Syed Assifudin and Ors. vs. State of AP 2005 CRI LJ 4314

 Firoz vs. State of Kerela AIR 2006 Ker 279

 Ranjit D Udeshi Vs. State of Maharastra 1965 AIR 881

 Avinish Bajaj vs. State (2005) 3 CompLJ 364 De

 State of Tamil Nadu vs. Suhas Kutti 2004

 Sony sambandh.com case 2013

 Bois Locker Room Case Study,2020

Essential Readings: Bare Act- Information Technology Act, 2000

Class Exercise:

1. Stalking is a crime under :

a) Section 354D of Indian Penal Code
b) Section 35 of Information Technology Act
c) Section 44 of Indian Penal Code
d) None of the above

2. Stalking is not punishable if the offender is able to prove that:

a) He only did it once
b) He was not using his personal computer while doing it
c) He did not know it was a crime
d) He did it for the purpose of preventing or detecting a crime

3. Identity theft is mainly used in case of:

a) Terrorism
b) Intellectual Property Rights Violation
c) Financial crimes
d) Civil disputes

4. Differentiate between Phising and Spoofing.

5. Differentiate between Cyber Contravention and Cyber Crime.

Module Objective: To appreciate the nuances involved in the Judicial Proceeding of cyber
crimes in India.

Module 3: Adjudication under Information Technology Act 2000

3.1 Adjudication under the Information Technology Act 2000

3.2 Judicial and Quasi Judicial bodies
3.3 Cyber Crime prosecution and defense
3.4 Process of Confiscation
3.5 Power of Police Officers

Essential Readings: Materials to be provided.

Exercise:

1. Explain briefly the power to investigate offences under IT Act,2000.

2. Mention the different Judicial and Quasi Judicial bodies

Module Objective: The students will be developing knowledge and understanding about
implementation of Digital and Electronic Signature in India.

Module 4: Electronic Signature and Digital Signature

4.1 Electronic Signature under the IT Act, 2000

4.2Digital Signature under the IT Act, 2000
4.3 Verification of Digital Signature under the IT Act, 2000
4.4 Regulation of Certifying Authority under the Act

Essential Readings: Materials to be provided.

Class Exercise:

In public key encryption system if A encrypts a message using his private key and sends it to B
A. if B knows it is from A he can decrypt it using A’s public key
B.Even if B knows who sent the message it cannot be decrypted
C.It cannot be decrypted at all as no one knows A’s private key
D. A should send his public key with the message

Electronic Signature has been defined___ under Information Technology Act 2000.
A. Section 2(1)(ta)
B.Section 2(1)(x)
C.Section 2
D. Not defined

To check the integrity of a message, or document, the receiver creates the

A.Hash Table
B. Hash Result
C. Hyper Text
D.Finger Print

Differentiate between electronic and digital signature.

Module Objective: This module will take a critical approach and will introduce students to
techniques and technologies for monitoring and gathering personal data and the legal regulatory
framework for controlling the data industry.
Module 5: Contemporary issues in Cyberspace

5.1 Interception & Monitoring of Electronic Communication

5.2 Privacy Issues in cyberspace
5.3 Digital Data and Its Protection (Data protection Bill)
5.4 Validity of E-Contracts

Cases: Justice K.S. Puttaswamy Vs. Union Of India,(2017) 10 SCC 1

Essential Readings: Materials to be provided.

The contracts are web-based contracts that require the user’s consent or consent through the “I
Accept,” or “OK” button are called as:
(a)Click Wrap Contracts
(b)Agreements
(c )Contracts for Sale
(d)Contracts of Indemnity

The contracts which are usually a licensing agreement for software purchases are called as :
(a)Shrink Wrap Contracts
(b)Click Wrap Contracts
(c )Browse Wrap Contracts
(d )Contract of Guarantee

What do you understand by Individual Participation Principle under OECD Guidelines?

Module Objective: This module knowledge and understanding will operate both at the
theoretical level and the level of particular examples of regulatory regimes with respect to
Intellectual Property Laws in India.
Module.6: IPR issues in Cyber Space
6.1 Copyright Issues in cyberspace
6.2 Trademark Issues in cyberspace
6.3 Dispute resolution system of Domain Names Disputes (Internationally and Nationally)
6.4 Liabilities of Intermediaries

Cases:
 Ticket Master vs. Ticket.com
 Playboy Enterprises Inc. Vs. Calvin designer Lab 985 F. Supp. 1218 (1997)
 Satyam Infoway vs Sifynet Soln. Ltd; 2004(3)AWC 2366 SC
 Avnish Bajaj v. State 2008
 Amway India Enterprises Pvt Ltd v 1Mg Technologies Pvt Ltd & Anr. 2019

Cyber squatting is an act of a defendant

(a)to incorporate someone’s registered trade mark in the domain name of the defendant
(b)to imitate the similar domain name of plaintiff as that of defendant
(c)to incorporate the deceptively similar domain name of the plaintiff to create likelihood of
confusion in the minds of consumer or user
(d) All of the above

Which of the following is not an examples of Top Level Domain (TLD) name
(a).com
(b).org
(c).ac
(d).uk

Article 12 (2) of WIPO Copyright Treaty (WCT) defines

(a)Rights management information
(b)Digital Rights
(c )Authors right to see sell
(d)Content Integrity