IT Law CPJ

Chanderprabhu Jain College of Higher Studies
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School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
CLASS : BALLB VII SEM
PAPER CODE : LLB 405
SUBJECT : LAW AND EMERGING TECHNOLOGY
UNIT 1
INTRODUCTION : NOTION OF TECHNOLOGY
A) EMERGENCE OF TECHNOLOGY AND INDUSTRIAL REVOLUTION
The term Industrial Revolution, like similar historical concepts, is more

convenient than precise. It is convenient because history requires division into
periods for purposes of understanding and instruction and because there were
sufficient innovations at the turn of the 18th and 19th centuries to justify the
choice of this as one of the periods. The term is imprecise, however, because the
Industrial Revolution has no clearly defined beginning or end. Moreover, it is
misleading if it carries the implication of a once-for-all change from a
“preindustrial” to a “postindustrial” society, because, as has been seen, the
events of the traditional Industrial Revolution had been well prepared in a
mounting tempo of industrial, commercial, and technological activity from
about 1000 CE and led into a continuing acceleration of the processes of
industrialization that is still proceeding in our own time. The term Industrial
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Revolution must thus be employed with some care. It is used below to describe
an extraordinary quickening in the rate of growth and change and, more
particularly, to describe the first 150 years of this period of time, as it will be
convenient to pursue the developments of the 20th century separately.
The Industrial Revolution, in this sense, has been a worldwide phenomenon, at

least in so far as it has occurred in all those parts of the world, of which there
are very few exceptions, where the influence of Western civilization has been
felt. Beyond any doubt it occurred first in Britain, and its effects spread only
gradually to continental Europe andNorth America. Equally clearly, the
Industrial Revolution that eventually transformed these parts of the Western
world surpassed in magnitude the achievements of Britain, and the process was
carried further to change radically the socioeconomic life of Asia, Africa, Latin
America, and Australasia. The reasons for this succession of events are
complex, but they were implicit in the earlier account of the buildup toward
rapid industrialization. Partly through good fortune and partly through
conscious effort, Britain by the early 18th century came to possess the
combination of social needs and social resources that provided the necessary
preconditions of commercially successful innovation and a social system
capable of sustaining and institutionalizing the processes of rapid technological
change once they had started. This section will therefore be concerned, in the
first place, with events in Britain, although in discussing later phases of the
period it will be necessary to trace the way in which British technical
achievements were diffused and superseded in other parts of the Western world.
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Power technology
An outstanding feature of the Industrial Revolution has been the advance in

power technology. At the beginning of this period, the major sources of power
available to industry and any other potential consumer were animate energy and
the power of wind and water, the only exception of any significance being the
atmospheric steam engines that had been installed for pumping purposes,
mainly in coal mines. It is to be emphasized that this use of steam power was
exceptional and remained so for most industrial purposes until well into the 19th
century. Steam did not simply replace other sources of power: it transformed
them.
Windmills
Meanwhile, British windmill construction was improved considerably by the

refinements of sails and by the self-correcting device of the fantail, which kept
the sails pointed into the wind. Spring sails replaced the traditional canvas rig of
the windmill with the equivalent of a modern venetian blind, the shutters of
which could be opened or closed, to let the wind pass through or to provide a
surface upon which its pressure could be exerted.
Steam engines
Although the qualification regarding older sources of power is important, steam

became the characteristic and ubiquitous power source of the British Industrial
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Revolution. Little development took place in the Newcomen atmospheric

engine until James Watt patented a separate condenser in 1769, but from that
point onward the steam engine underwent almost continuous improvements for
more than a century.
Electricity
The development of electricity as a source of power preceded this conjunction

with steam power late in the 19th century. The pioneering work had been done
by an international collection of scientists including Benjamin Franklin of
Pennsylvania, Alessandro Volta of the University of Pavia, Italy, and Michael
Faraday of Britain.
Petroleum
The economic potential for the internal-combustion engine lay in the need for a
light locomotive engine. This could not be provided by the gas engine,
depending on a piped supply of town gas, any more than by the steam engine,
with its need for a cumbersome boiler; but, by using alternative fuels derived
from oil, the internal-combustion engine took to wheels, with momentous
consequences. Bituminous deposits had been known in Southwest Asia from
antiquity and had been worked for building material, illuminants, and medicinal
products.
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Development of industries
Metallurgy
Another industry that interacted closely with the power revolution was that
concerned with metallurgy and the metal trades. The development of techniques
for working with iron and steel was one of the outstanding British achievements
of the Industrial Revolution. The essential characteristic of this achievement
was that changing the fuel of the iron and steelindustry from charcoal to coal
enormously increased the production of these metals. It also provided another
incentive to coal production and made available the materials that were
indispensable for the construction of steam engines and every other
sophisticated form of machine.
Iron and steel
The result of this series of innovations was that the British iron and steel
industry was freed from its reliance upon the forests as a source of charcoal and
was encouraged to move toward the major coalfields. Abundant cheap iron thus
became an outstanding feature of the early stages of the Industrial Revolution in
Britain. Cast iron was available for bridge construction, for the framework of
fireproof factories, and for other civil-engineering purposes such as Thomas
Telford’s novel cast-iron aqueducts.
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Low-grade ores
The transition to cheap steel did not take place without technical problems, one
of the most difficult of which was the fact that most of the easily available low-
grade iron ores in the world contain a proportion of phosphorus, which proved
difficult to eliminate but which ruined any steel produced from them.
Textiles
The industry that, probably more than any other, gave its character to
the British Industrial Revolution was the cotton-textile industry. The traditional
dates of the Industrial Revolution bracket the period in which the processes of
cotton manufacture in Britain were transformed from those of a small-scale
domestic industry scattered over the towns and villages of the South Pennines
into those of a large-scale, concentrated, power-driven, mechanized, factory-
organized, urban industry.
Chemicals
In Britain the growth of the textile industry brought a sudden increase of interest
in thechemical industry, because one formidablebottleneck in the production of
textiles was the long time that was taken by natural bleaching techniques,
relying on sunlight, rain, sour milk, and urine. The modern chemical industry
was virtually called into being in order to develop more rapid bleaching
techniques for the British cotton industry. Its first success came in the middle of
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the 18th century, when John Roebuck invented the method of mass
producing sulfuric acid in lead chambers.
Agriculture
The agricultural improvements of the 18th century had been promoted by

people whose industrial and commercial interests made them willing to
experiment with new machines and processes to improve the productivity of
their estates. Under the same sort of stimuli, agricultural improvement
continued into the 19th century and was extended to food processing in Britain
and elsewhere.
Transport and communications
Transport and communications provide an example of a revolution within the

Industrial Revolution, so completely were the modes transformed in the period
1750–1900. The first improvements in Britain came in roads and canals in the
second half of the 18th century. Although of great economic importance, these
were not of much significance in the history of technology, as good roads and
canals had existed in continental Europe for at least a century before their
adoption in Britain.
Steam locomotive
First was the evolution of the railroad: the combination of the steam locomotive
and a permanent travel way of metal rails. Experiments in this conjunction in
the first quarter of the 19th century culminated in the Stockton & Darlington
Railway, opened in 1825, and a further five years of experience with steam
locomotives led to theLiverpool and Manchester Railway, which, when it
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opened in 1830, constituted the first fully timetabled railway service with
scheduled freight and passenger traffic relying entirely on the steam locomotive
for traction.
Road locomotive
The second form in which steam power was applied to transport was that of the
road locomotive. There is no technical reason why this should not have enjoyed
a success equal to that of the railway engine, but its development was so
constricted by the unsuitability of most roads and by the jealousy of other road
users that it achieved general utility only for heavy traction work and such
duties as road rolling. The steam traction engine, which could be readily
adapted from road haulage to power farm machines, was nevertheless a
distinguished product of 19th-century steam technology.
Telegraphs and telephones
The great innovations in communications technology, however, derived from

electricity. The first was the electric telegraph, invented or at least made into a
practical proposition for use on the developing British railway system by two
British inventors, Sir William Cooke and Sir Charles Wheatstone,
who collaborated on the work and took out a joint patent in 1837.
Effects of the Industrial Revolution
 Working Conditions
 Living Conditions
 Urbanization
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 Public Health and Life Expectancy

 Child Labor
 Working Class Families and the Role of Women
 The Emerging Middle Class
Since the Industrial Revolution was so new at the end of the 18th century, there
were initially no laws to regulate new industries. For example, no laws
prevented businesses from hiring seven-year-old children to work full time in
coal mines or factories. No laws regulated what factories could do with their
biohazard waste.
Working Class Families and The Role of Women
The Industrial Revolution completely transformed the role of the family. In

traditional, agricultural society, families worked together as a unit of
production, tending to fields, knitting sweaters, or tending to the fire. Women
could parent and also play a role in producing food or goods needed for the
household. Work and play time were flexible and interwoven.
The Emerging Middle Class
Gradually, very gradually, a middle class, or “middling sort”, did emerge in

industrial cities, mostly toward the end of the 19th century. Until then, there had
been only two major classes in society: aristocrats born into their lives of wealth
and privilege, and low-income commoners born in the working classes.
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Positive Impacts Of Technology On Society
 Technology Has Mechanized Agriculture
Technology has mechanized agriculture: Modern agricultural technology allows

a small number of people to grow vast quantities of food in a short period of
time with less input which results into high yields and RIO ”return on
investment”. Through government subsidies, small and medium-sized farmers
have managed to acquire plowing, sowing, watering and harvesting machines.
Technology Has Improved Transportation
Technology has improved transportation: Transportation is one of the basic

areas of technological activity. Both society and businesses have benefited from
the new transpiration methods. Transportation provides mobility for people and
goods. Transportation, like all other technologies, can be viewed as a system. It
is a series of parts that are interrelated. These parts all work together to meet a
certain goal. Transportation uses vehicles, trains, airplanes, motorbikes, people,
roads, energy, information, materials, finance and time. All these parts I have
mentioned work together to move and relocate people and goods. Technology
has helped in advancing all the four types of transportation and these include
; (1) road transport used by automobiles ,(2) air transport which is used by
airplanes , (3)water transportation which is used by ships and speed boats
and (4) space transportation used to go to the moon. The most used of all these
is Road transportation, this one facilitates the movement of goods and people.
Technologies like automobiles, buses, and trucks have improved the way
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humans move and how they transport their goods from place to another. Also,
developing countries are getting funds from wealthy countries to improve their
road transport which has resulted in the development of rural remote areas.
 Technology Has Improved Communication
Technology has improved communication: Communication is used for a

number of purposes. Both society and organizations depend on communication
to transfer information. People use technology to communicate with each other.
Electronic media like radios, televisions, internet, social media have improved
the way we exchange ideas which can develop our societies. In many countries,
radios and televisions are used to voice the concerns of the society, they
organize live forums where the community can contribute through mobile
phones or text service systems like tweeter. During political elections, leaders
use radio, television and internet media to reach the people they want to serve.
 Technology Has Improved Education And Learning Process
Technology has improved education and learning process: Education is the

backbone of every economy. People need well and organized educational
infrastructures so that they can learn how to interpret information. Many schools
have started integrating educational technologies in their schools with a great
aim of improving the way students learn. Technologies like smart whiteboards,
computers, mobile phones, iPads, projectors, and internet are being used
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inclassrooms to boost students moral to learn. Visual education is becoming

more popular and it has proved to be the best method of learning in many
subjects like mathematics, physics, biology, geography, economics and much
more..
Negative Impacts Of Technology On Society
 Resource Depletion
The more demand for new technologies and advancement of current

technologies, the more pressure we put on earth’s natural resources. Look at the
total number of mobile phones and computers being manufactured today, our
population is increasing every day and all these billion consumers demand
either a mobile phone or a computer in their homes or offices
Increased Population
Technology has helped us live longer by improving health facilitiesand aiding

in the research for solutions for most health problems which affect humans. This
is good news for developed countries but is bad news for developing countries
which have not been in a position to access these health care benefits brought by
technology. In developed countries population growth is controlled by advanced
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birth control methods, this has helped them balance their population in relation
to natural resources and other opportunities which come with a planned
population. This is different in developing countries, the rate at which people
produce is very high, the mortality rate is high, food is scarce and health care is
poor.
 Increased Pollution
Pollution affects the land we grow crops on, the water we drink and the air we
breathe. The increased demand for new technologies andadvancement of
technologies has resulted in many manufacturing and processing factories. As
they work so hard to create the best technologies for both society and business,
they release harmful chemicals and gasses which have polluted our environment
and this has resulted in climate changes (global warming). So the more
technology we enjoy, the more we harm our environment. Experts have tried to
implement ways of reducing this impact by encouraging factories to go green, to
a small extent, this has been achieved through the development of green
technologies like; green cars, green computers, but a great effort is still needed
to reduce the pollution of the air and the earth.
c) NOTION OF TECHNOLOGICAL SOCIETY
Technology society and life or technology and culture refers to cyclical co-
dependence, co-influence, and co-production of technology and society upon
the other (technology upon culture, and vice versa). This synergistic relationship
occurred from the dawn of humankind, with the invention of simple tools and
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continues into modern technologies such as the printing press and computers.
The academic discipline studying the impacts of science, technology, and
society, and vice versa is called science and technology studies.
Effects:
Technology has become a huge part in society and day-to-day life. When
societies know more about the development in a technology, they become able
to take advantage of it. When an innovation achieves a certain point after it has
been presented and promoted, this technology becomes part of the
society. Digital technology has entered each process and activity made by
the social system. In fact, it constructed another worldwide communication
system in addition to its origin.[3]
A 1982 study by The New York Times described a technology assessment study
by theInstitute for the Future, "peering into the future of an electronic world".
The study focused on the emerging videotex industry, formed by the marriage
of two older technologies, communications and computing. It estimated that 40
percent of American households will have two-way videotex service by the end
of the century. By comparison, it took television 16 years to penetrate 90
percent of households from the time commercial service was begun.
Since the creation of computers achieved an entire better approach to transmit

and storedata. Digital technology became commonly used for downloading
music and watching movies at home either by DVDs or purchasing it online.
Digital music records are not quite the same as traditional recording media.
Because, digital ones are reproducible, portable and free.
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Another instance of the negative effects of technology in society,is how quickly

it is pushing younger generations into maturity. With the world at their
fingertips, children can learn anything they wish to. But with the uncensored
sources from the internet, without proper supervision, children can be exposed
to explicit material at inappropriate ages. This comes in the forms of premature
interests in experimenting with makeup or opening an email account or social
media page—all of which can become a window for predators and other
dangerous entities that threaten a child's innocence. Technology has a serious
effect on youth's health. The overuse of technology is said to be associated with
sleep deprivation which is linked to obesity and poor academic performance in
the lives of adolescents.
Economics and technological development
In ancient history, economics began when occasional, spontaneous

exchange of goods and services was replaced over time by deliberate trade
structures. Makers of arrowheads, for example, might have realized they
could do better by concentrating on making arrowheads and barter for
other needs. Regardless of goods and services bartered, some amount of
technology was involved—if no more than in the making of shell and bead
jewelry. Even the shaman's potions and sacred objects can be said to have
involved some technology. So, from the very beginnings, technology can be
said to have spurred the development of more elaborate economies.
In the modern world, superior technologies, resources, geography, and history

give rise to robust economies; and in a well-functioning, robust economy,
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economic excess naturally flows into greater use of technology. Moreover,

because technology is such an inseparable part of human society, especially in
its economic aspects, funding sources for (new) technological endeavors are
virtually illimitable. However, while in the beginning, technological investment
involved little more than the time, efforts, and skills of one or a few men, today,
such investment may involve the collective labor and skills of many millions.
Funding
Consequently, the sources of funding for large technological efforts have

dramatically narrowed, since few have ready access to the collective labor of a
whole society, or even a large part. It is conventional to divide up funding
sources into governmental (involving whole, or nearly whole, social enterprises)
and private (involving more limited, but generally more sharply focused)
business or individual enterprises.
Government funding for new technology
Government is a major contributor to the development of new technology in

many ways. In the United States alone, many government agencies specifically
invest billions of dollars in new technology.
Technology has frequently been driven by the military, with many modern
applications developed for the military before they were adapted for civilian
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use. However, this has always been a two-way flow, with industry often
developing and adopting a technology only later adopted by the military.
Private funding
Research and development is one of the smallest areas of investments made by

corporations toward new and innovative technology.
Many foundations and other nonprofit organizations contribute to the

development of technology. In the OECD, about two-thirds of research and
development in scientific and technical fields is carried out by industry, and 98
percent and 10 percent respectively byuniversities and government. But in
poorer countries such as Portugal and Mexico the industry contribution is
significantly less. The U.S. government spends more than other countries on
military research and development, although the proportion has fallen from
about 30 percent in the 1980s to less than 10 percent.
Sociological factors and effects
Values
The implementation of technology influences the values of a society by

changing expectations and realities. The implementation of technology is also
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influenced by values. There are (at least) three major, interrelated values that
inform, and are informed by, technological innovations:
Mechanistic world view: Viewing the universe as a collection of parts, (like a

machine), that can be individually analyzed and understood.[10] This is a form
of reductionism that is rare nowadays. However, the "neo-mechanistic world
view" holds that nothing in the universe cannot be understood by the human
intellect. Also, while all things are greater than the sum of their parts (e.g., even
if we consider nothing more than the information involved in their
combination), in principle, even this excess must eventually be understood by
human intelligence. That is, no divine or vital principle or essence is involved.
Efficiency: A value, originally applied only to machines, but now applied to all
aspects of society, so that each element is expected to attain a higher and higher
percentage of its maximal possible performance, output, or ability.
Social progress: The belief that there is such a thing as social progress, and that,
in the main, it is beneficent. Before the Industrial Revolution, and the
subsequent explosion of technology, almost all societies believed in a cyclical
theory of social movement and, indeed, of all history and the universe.
Institutions and groups
Technology often enables organizational and bureaucratic group structures that

otherwise and heretofore were simply not possible. Examples of this might
include:
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The rise of very large organizations: e.g., governments, the military, health
and social welfare institutions, supranational corporations.
The commercialization of leisure: sports events, products, etc. (McGinn)
The almost instantaneous dispersal of information (especially news) and

entertainment around the world.
International
Technology enables greater knowledge of international issues, values, and

cultures. Due mostly to mass transportation and mass media, the world
seems to be a much smaller place, due to the following:
 Globalization of ideas
 Embeddedness of values
 Population growth and control
Environment
Most modern technological processes produce unwanted by products in addition

to the desired products, which is known as industrial waste and pollution. While
most material waste is re-used in the industrial process, many forms are released
into the environment, with negative environmental side effects, such as
pollution and lack of sustainability. Different social and political systems
establish different balances between the value they place on additional goods
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versus the disvalues of waste products and pollution. Some technologies are
designed specifically with the environment in mind, but most are designed first
for economic or ergonomic effects. Historically, the value of a clean
environment and more efficient productive processes has been the result of an
increase in the wealth of society, because once people are able to provide for
their basic needs, they are able to focus on less-tangible goods such as clean air
and water.
d) LAW,ETHICS AND TECHNOLOGY
Personal Integrity an Virtues

Professional responsibility cannot be divorced from personal integrity “I was
just following orders” is no defense because there is a direct link between
professional behavior and personal integrity.
Virtues provide a bridge between private and professional lives.
Virtues are general patterns of behavior, emotion, and attitudes that permeate all
areas of life.
Moral integrity can be defined as inner unity on the basis of moral

commitments.
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Moral integrity is maintained when virtues are manifested across the bounds of
both personal and professional life.
An engineer is not simply a part in a machine. Machine parts can’t think; being
human carries the special obligation to think.
Self-Interest and Ethical Egoism

Moral behavior can be recognized as behavior that is good for the individual in
the long run.
The sole duty of each of us is to maximize our own good.
Moral values are reduced to concern for oneself (prudence) – but in the long
term.
Paradox of Happiness
To seek happiness without regard for the happiness of others leads, in the long
run, to one’s own unhappiness.
The Pursuit of Self-Interest

Everyone benefits if all pursue their own self-interest
Society benefits most when
1. individuals pursue their own self-interest, and,
2. corporations (as expressions of the will of many individuals) pursue
maximum profits in a free market environment. – Adam Smith
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Ethical Egoism does provide guidance for behavior, but it denies the more
global notion of moral behavior.
Laws and Ethical Conventionalism

The laws, customs and conventions of a society define morality.
Proponents argue that:
1. Laws are objective; easy to use as guides for behavior.
But, laws can be analyzed using morality as a point of view; apartheid is wrong,
morally wrong. So moral values seem to justify the subjective nature of law.
2. Ethical Conventionalism leads to tolerance toward others by viewing their
conduct as morally correct; right for them though wrong for us.
But, few would argue that Nazi Germany’s laws regarding Jews was in any way
morally correct.
Ethical Conventionalism seems to suggest that believing something to be
correct makes it so
Religion and Divine Command Ethics

To say an action is right means it is commanded by God; a wrong action is
forbidden by God; without God there is no morality.
But, Socrates asked, in effect, “Why does God make certain commands? Are the
commands of God based on whim? Surely not, God is (morally) good.
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Divine Command Ethics seems to have things backwards- instead of commands

of God creating morality, moral reasons provide the foundation for the
commands of God.
This discussion does not rely on questions of the existence or supremacy of
God. Nor does it deny the importance or the purpose of religion, which is, in
part, to motivate right (moral) action.
Minimal Conception of Morality
Morality concerns reasons for the desirability of certain kinds of actions and the
undesirability of others.
What are moral reasons?
Reasons which require us to respect others, to care for their well-being in
addition to our own.
Reasons which place limits on the legitimate pursuit of happiness.
Reasons that can be used to analyze laws, customs, and conventions.
Moral conduct is based on concern for others, it is not reducible to self-interest,
law or religion.
But, can we be more precise about what makes some actions morally correct,
and others not? We are getting there…
Four Types of Moral TheoriesConsider the Agnew kickback scheme:

Utilitarianism
Utilitarianism is the view that we ought to produce the most good for the most
people, giving equal consideration to everyone affected.
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Brandt: Rule-Utilitarianism
Moral rules are primary (as opposed to right action). We ought to act on those
rules which, if generally followed, would produce the most good for the most
people. Individual actions are right (moral) when they conform to those rules.
Rules should be considered in sets that Brandt calls “moral codes”. A moral
code is justified when it consists of a set of rules which, if adopted and
followed, would produce the most overall good. Such a code is said to be
optimal. Code sets may be very general, or highly specific (like engineering
codes of ethics).
Rawls: Principles of Duty Ethics
John Rawls tries to formulate general principles that can be ranked in order of
importance without having to rely on intuitive judgments.
Valid principles of duty are those that would be voluntarily agreed upon by all
rational persons in a “contracting” situation.
A rational person
1. Lacks all specific knowledge of himself.
2. Has general knowledge of human societies and science.
3. Has a rational concern for his long-term interests.
4. Seeks to negotiate a principles all will voluntarily follow.
All rational people will (according to Rawls) agree to abide by two basic
principles, namely,
1. Each person is entitled to the most extensive amount of freedom compatible
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with an equal amount for others.

2. Differences in social power and economic benefits are justified only when
they are likely to benefit everyone, including members of the most
disadvantaged group.
(HUMAN) RIGHTS THEORY
Locke and Liberty Rights
Human rights ethics differs from duty ethics in believing that human rights form
the highest principle; we have duties because others have rights. For example,
individuals do not have a right to life because others have a duty not to kill
them, but rather, the duty to protect life (not kill) arises from the right to life.
Locke argued that to be a person entails having rights- human rights- to life,
liberty and property generated by one’s labor. Locke’s view of rights are now
called liberty (or negative) rights. Such rights place duties on other people not to
interfere with one’s life. Locke’s theories had a strong influence on the founding
fathers and are reflected today in libertarian ideology.
Melden: Welfare Rights

In sharp contrast to the highly individualistic notion of human rights espoused
by Locke, Melden proposes that such rights arise out of interactions of
individuals in a community. He argues that having moral rights presupposes the
capacity to show concern for others and to be accountable in a moral
community.
In Melden’s view, rights are positive: they place an obligation on individuals in
a community to provide all with benefits needed to lead a minimally decent
human life. Melden’s approach defines welfare rights.
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Responsibility and Virtue Ethics
Preoccupation with procedures useful in confronting and evaluating moral

dilemmas should not lead us to neglect the heart and spirit of true
professionalism; the morals and ideals to which a profession is dedicated, and
the moral character of its practitioners. Moral character, as defined by vices and
virtues, has as much to do with motives, attitudes, aspirations, and ideals as it
does with right and wrong conduct.
Aristotle: Virtue and The Golden Mean

Virtues are acquired habits that enable us to engage effectively in rational
activities – activities that define us as human beings.
Intellectual Virtues – foresight, efficiency, creativity, mental discipline,
perseverance, etc.
Moral virtues – courage, truthfulness, generosity, friendliness, etc.
The Golden Mean suggests that moral virtues occupy the middle ground
between two extremes:
foolhardiness – courage – cowardice
tactlessness – truthfulness – secretiveness
wastefulness – generosity – miserliness
Moral virtues allow us to pursue a variety of social goods within a community.
Virtues and Practices

In order to apply virtue ethics to professional ethics, MacIntyre introduces the
idea of practices-cooperative activities aimed toward achieving social goods that
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could not otherwise be achieved. The goods are said to be internal goods
because they are the results of the workings of the practice. External goods,
fame, fortune, prestige, etc., can be gained in many ways; internal goods are the
result of practice.
UNIT - 2
Model law of e-commerce
Introduction
The United Nations Commission on International Trade Law (UNCITRAL)
Model Law on Electronic Commerce was promulgated in 1996 (and amended
in 1998) to assist countries in the framing of legislation which would enable and
facilitate electronic commerce and electronic government. Surprisingly, it
makes no reference to the Internet.
This model law
 establishes rules and norms that validate and recognize contracts formed
through electronic means,
 sets rules for forming contracts and governing electronic contract
performance,
 defines the characteristics of valid electronic writing and of an original
document,
 provides for the acceptability of electronic signatures for legal and
commercial purposes, and
 supports the admission of computer evidence in courts
and arbitration proceedings.
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School of Law
The Model Law adopts a limited framework approach. It is not intended to be a

comprehensive, code-like articulation of the rules for electronic transactions,
nor is it intended to govern every aspect of electronic contracting. Instead, it is
intended to enable and facilitate electronic commerce by providing national
legislators with a set of internationally acceptable rules aimed at removing legal
obstacles and increasing legal predictability for electronic commerce. In
particular, it was intended to overcome obstacles arising from statutory
provisions that may not be varied contractually by providing equal treatment to
paper-based and electronic information. Such equal treatment is essential for
enabling the use of paperless communication, thus fostering efficiency in
international trade.
The underlying analytical approach of the Model Law is the "functional
equivalence" approach. This approach evaluates the underlying purposes and
functions of traditional paper-based legal requirements and assesses to what
extent electronic transactions can meet these purposes and functions.
Where electronic transactions can satisfy the purposes and functions, the Model
Law requires that they be given equal status. In effect, it puts electronic
communications on par with traditional paper-based modes of communication.
Therefore, rather than rewriting the law, the Model Law seeks to extend the
scope of standard national legal definitions of "writings", "signatures" and
"originals" to encompass their electronic counterparts. It provides
that information is not to be denied legal effect merely because it is in electronic
form or is signed electronically. It also deals
0 0
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School of Law
with transmission and receipt of messages and contracts for the carriage
of goods. It does not address jurisdictional or conflict of laws issues.
Purpose
The Model Law on Electronic Commerce (MLEC) purports to enable and

facilitate commerce conducted using electronic means by providing national
particular, it is intended to overcome obstacles arising from statutory provisions
that may not be varied contractually by providing equal treatment to paper-
based and electronic information. Such equal treatment is essential for enabling
the use of paperless communication, thus fostering efficiency in international
trade.
Why is it relevant?
The MLEC was the first legislative text to adopt the fundamental principles of
non-discrimination, technological neutrality and functional equivalence that are
widely regarded as the founding elements of modern electronic commerce law.
The principle of non-discrimination ensures that a document would not be
denied legal effect, validity or enforceability solely on the grounds that it is in
electronic form. The principle of technological neutrality mandates the adoption
of provisions that are neutral with respect to technology used. In light of the
rapid technological advances, neutral rules aim at accommodating any future
development without further legislative work. The functional equivalence
principle lays out criteria under which electronic communications may be
0 0
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considered equivalent to paper-based communications. In particular, it sets out

the specific requirements that electronic communications need to meet in order
to fulfil the same purposes and functions that certain notions in the traditional
paper-based system - for example, "writing," "original," "signed," and "record"-
seek to achieve.
Online contracting
Electronic contracts (contracts that are not paper based but rather in electronic
practise) are born out of the need for speed, suitability and efficiency. Imagine a
contract that an Indian exporter and an American importer wish to enter into.
One option would be that one party first pulls up two copies of the contract,
signs them and couriers them to the other, who in turn signs both copies and
couriers one copy back. The other option is that the two parties meet someplace
and sign the contract.
In the electronic age, the whole contract can be completed in seconds, with both
parties simply attaching their digital signatures to an electronic copy of the
contract. There is no need for delayed couriers and additional travelling costs in
such a situation.
Essentials of an electronic contract:
As in every other contract, an electronic contract also requires the following

necessary requirements:
1. An offer requirements to be made
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School of Law
In many contacts (whether online or conventional) the offer is not made directly
one-on-one. The consumer ‘browses’ the available goods and services showed
on the seller’s website and then chooses what he would like to purchase. The
offer is not made by website showing the items for sale at a particular price.
This is essentially an invitation to offer and hence is revocable at any time up to
the time of acceptance. The offer is made by the customer on introduction the
products in the virtual ‘basket’ or ‘shopping cart’ for payment.
2. The offer needs to be acknowledged
As stated earlier, the acceptance is usually assumed by the business after the
offer has been made by the consumer in relation with the invitation to offer. An
offer is revocable at any time until the acceptance is made.
Processes available for forming electronic contracts include:
I. E-mail: Offers and acceptances can be exchanged entirely by e-mail, or can be

collective with paper documents, faxes, telephonic discussions etc.
II. Web Site Forms: The seller can offer goods or services (e.g. air tickets,
software etc.) through his website. The customer places an order by completing
and communicating the order form provided on the website. The goods may be
actually delivered later (e.g. in case of clothes, music CDs etc.) or be directly
delivered electronically (e.g. e-tickets, software, mp3 etc.).
III. Online Agreements: Users may need to take an online agreement in order
to be able to avail of the services e.g. clicking on “I accept” while connecting
software or clicking on “I agree” while signing up for an email account.
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3. There has to be legal consideration
Any contract to be enforceable by law must have legal consideration, i.e., when
both parties give and receive something in return. Therefore, if an auction site
eases a contract between two parties where one Ecommerce – Legal Issues such
as a person provides a pornographic movie as consideration for purchasing an
mp3 player, then such a contract is void.
4. There has to be an intention to create lawful relations
If there is no intention on the part of the parties to create lawful relationships,

then no contract is possible between them. Usually, agreements of a domestic or
social nature are not contracts and therefore are not enforceable, e.g., a website
providing general health related data and instructions.
5. The parties must be able to contract.
Contracts by minors, lunatics etc. are void. All the parties to the contract must
be lawfully competent to enter into the contract.
6. There must be free and unaffected consent
Consent is said to be free when there is absence of coercion, misrepresentation,

undue influence or fraud. In other words, there must not be any agitation of the
will of any party to the contract to enter such contract. Usually, in online
contracts, especially when there is no active real-time communication between
the contracting parties, e.g., between a website and the customer who buys
through such a site, the click through process ensures free and genuine consent.
7. The object of the contract need to be lawful
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School of Law
A valid contract presumes a lawful object. Thus a contract for selling narcotic
drugs or pornography online is void.
8. There must be conviction and possibility of performance
A contract, to be enforceable, must not be ambiguous or unclear and there must

be possibility of performance. A contract, which is impossible to perform,
cannot be enforced, e.g., where a website promises to sell land on the moo n.
TYPES OF ELECTRONIC CONTRACTS
Employment Contracts
The Information Technology is determined by manpower in Indian context and

thus employment contracts are vital. With a high erosion rate as well as the
confidentiality involved in the work employment contracts become crucial.
Apart from that Indian Labour practices are based on tough labour laws and not
the hire and fire processes of the first world. In this background copyright issues
of software development assumes vital importance. Apart from that contracts
for on-site development and sending the workforce abroad and security clauses
will play a crucial role in employment contracts. Firms hiring personnel abroad
apart from their personnel need to include the relevant employment contract of
the place of action.
Consultant Agreements
0 0
&
School of Law
The normal requirements of Indian Contracts Act of 1872 will apply on any
consultant agreement. But particularly in Information Technology industry
where the infrastructure to function is low and connectivity is very high
consultancy with experience marketing and business development and
technology development is a very dominant mode of contract. Here proper care
to be taken in Consultant agreements where issues of Intellectual Property
Rights, privacy will play an important role. If care is not taken it may lead to
cost of business and loss of clients.
Contractor Agreements
As manufacturing companies subcontract their business, Information

Technology also subcontract their work due to changing orders and would like
to cut on the cost of regular workforce and attendant legal and financial
problems. At the same time in manufacturing business, tough labour laws like
the Contract Labour (Abolition and Regulation) Act of 1970 in force could lead
to a different type of legal twist. However if care is taken to subcontract keeping
the requirements of the contract Act and the Contract Labour abolition act the
anticipated objectives could be met. Here again privacy, consumer liability and
copy right issues assume great importance and care to be taken in representation
such contracts.
Non-Disclosure Agreements
Non-Disclosure Agreements are part of IT contracts, which identify binding

agreements with employees apart from the standard confidentiality agreements.
The Indian Contract Act 1872 has provisions for the same and it undertakes
0 0
&
School of Law
importance in an industry which is purely knowledge based and one which can
be easily repeated ruining the business.
Digital signature
A digital signature is basically a way to ensure that an electronic document (e-

mail, spreadsheet, text file, etc.) is authentic. Authentic means that you know
who created the document and you know that it has not been altered in any way
since that person created it.
Digital signatures rely on certain types of encryption to ensure authentication.

Encryption is the process of taking all the data that one computer is sending to
another and encoding it into a form that only the other computer will be able to
decode. Authentication is the process of verifying that information is coming
from a trusted source. These two processes work hand in hand for digital
signatures.
Purpose
 The main purpose of a digital signature is to secure a document so that it is not

tampered with by people without authorization
 An electronic signature is mainly used to verify a document. The source of the
document and the authors are identified.
Several ways to authenticate a person or information on a computer:
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Password - The use of a user name and password provide the most common
form of authentication. You enter your name and password when prompted by
the computer. It checks the pair against a secure file to confirm. If either the
name or password do not match, then you are not allowed further access.
Checksum - Probably one of the oldest methods of ensuring that data is correct,
checksums also provide a form of authentication since an invalid checksum
suggests that the data has been compromised in some fashion. A checksum is
determined in one of two ways.
Private key encryption -Private key means that each computer has a secret key
(code) that it can use to encrypt a packet of information before it is sent over the
network to the other computer. Private key requires that you know which
computers will talk to each other and install the key on each one. Private key
encryption is essentially the same as a secret code that the two computers must
each know in order to decode the information. The code would provide the key
to decoding the message. Think of it like this. You create a coded message to
send to a friend where each letter is substituted by the letter that is second from
it. So "A" becomes "C" and "B" becomes "D". You have already told a trusted
friend that the code is "Shift by 2". Your friend gets the message and decodes it.
Anyone else who sees the message will only see nonsense.
Public key encryption - Public key encryption uses a combination of a private

key and a public key. The private key is known only to your computer while the
public key is given by your computer to any computer that wants to
communicate securely with it. To decode an encrypted message, a computer
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must use the public key provided by the originating computer and it's own
private key.
The key is based on a hash value. This is a value that is computed from a base
input number using a hashing algorithm. The important thing about a hash value
is that it is nearly impossible to derive the original input number without
knowing the data used to create the hash value. Here's a simple example:
Input number 10667
Hashing Algorithm = Input # x 143
Hash Value = 1525381
You can see how hard it would be to determine that the value of 1525381 came
from the multiplication of 10667 and 143. But if you knew that the multiplier
was 143, then it would be very easy to calculate the value of 10667. Public key
encryption is much more complex than this example but that is the basic idea.
Public keys generally use complex algorithms and very large hash values for
encrypting: 40-bit or even 128-bit numbers. A 128-bit number has a possible
2128 different combinations. That's as many combinations as there are water
molecules in 2.7 million olympic size swimming pools. Even the tiniest water
droplet you can image has billions and billions of water molecules in it!
Digital certificates - To implement public key encryption on a large scale, such

as a secure Web server might need, requires a different approach. This is where
digital certificates come in. A digital certificate is essentially a bit of
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information that says the Web server is trusted by an independent source known
as a Certificate Authority. The Certificate Authority acts as the middleman
that both computers trust. It confirms that each computer is in fact who they say
they are and then provides the public keys of each computer to the other.
The Digital Signature Standard (DSS) is based on a type of public key

encryption method that uses the Digital Signature Algorithm (DSA). DSS is
the format for digital signatures that has been endorsed by the US government.
The DSA algorithm consists of a private key that only the originator of the
document (signer) knows and a public key.
Advantages of digital signature
Digital signatures as provided by DocuSign and other leading companies in the

industry offer several advantages over other types of electronic signatures,
namely:
1. Added security
A digital signature offers more security than an electronic signature. The unique
identifying “fingerprint” data in a digital signature remains permanently
embedded within a document. Signs that someone has tampered with or altered a
document after signing it can be easily detected.
Through the use of encryption verification technology, known as Public Key

Infrastructure (PKI), a digital signature offers the highest and most verifiable
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standard for identifying an individual by an electronic signature. The coded

message in a digital signature uniquely identifies the signer and links him or her
with a particular recorded document. DocuSign’s procedures meet all PKI
requirements for safe signing and maintenance.
2. A high standard
The PKI standard is common to DocuSign and its peer companies in the digital
signature industry. PKI offers an algorithmically based protocol in which a
vendor generates two “keys,” the lengthy numbers that define the signature. One
of the keys is private and the other is public.
The PKI standard mandates that vendors make and save keys in a safe and
secure fashion. The standard generally also states that the services of a
trustworthy Certificate Authority be used to ensure such security.
The standard works in this way: At the time that a signatory signs a document
electronically, the vendor facilitates the creation of a signature based on the
signer’s private key. Each signer has safe and secure access to his or her own
key. The algorithm works as an encrypted code to produce data that match the
“hash” — the signed document in question — and then to encrypt the same data.
The long-term security of the data, the document, and the signature are
supported by the fact that any alterations to the original document will invalidate
it. In addition, each signature includes a date stamp to verify the time of signing.
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3. Global acceptance and legal compliance
More countries are starting to accept digital signatures on legally binding

documents because they understand that the security protocols offered by
vendors such as DocuSign are in compliance with international standards in the
field.
Today, a great majority of the world’s governments recognize digital signatures

provided by DocuSign and other similar companies. Two federal acts officially
recognize the legality of digital signatures. The more recent one is the Electronic
Signatures in Global and National Commerce Act of 2000. DocuSign’s products
have been certified as meeting all of the act’s statutory requirements.
Many European, Asian, and South American nations have different requirements
than North America, Australia, and the United Kingdom in regards to the use of
electronic and digital signatures. The latter group of countries adheres to a
technology-neutral set of regulations in an open environment, whereas the
former promotes a tiered model of e-signature implementation tied to regional
standards.
4. Long-term retention and access
The signatories to a digital signature document do not need to rely on a vendor’s

continued presence in the marketplace in order to continue to verify its
authenticity.
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code is justified when it consists of a set of rules which, if adopted and
followed, would produce the most overall good. Such a code is said to be
optimal. Code sets may be very general, or highly specific (like engineering
codes of ethics).
Rawls: Principles of Duty Ethics
John Rawls tries to formulate general principles that can be ranked in order of
importance without having to rely on intuitive judgments.
Valid principles of duty are those that would be voluntarily agreed upon by all
rational persons in a “contracting” situation.
A rational person
1. Lacks all specific knowledge of himself.
2. Has general knowledge of human societies and science.
3. Has a rational concern for his long-term interests.
4. Seeks to negotiate a principles all will voluntarily follow.
All rational people will (according to Rawls) agree to abide by two basic
principles, namely,
1. Each person is entitled to the most extensive amount of freedom compatible
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with an equal amount for others.

2. Differences in social power and economic benefits are justified only when
they are likely to benefit everyone, including members of the most
disadvantaged group.
(HUMAN) RIGHTS THEORY
Locke and Liberty Rights
Human rights ethics differs from duty ethics in believing that human rights form
the highest principle; we have duties because others have rights. For example,
individuals do not have a right to life because others have a duty not to kill
them, but rather, the duty to protect life (not kill) arises from the right to life.
Locke argued that to be a person entails having rights- human rights- to life,
liberty and property generated by one’s labor. Locke’s view of rights are now
called liberty (or negative) rights. Such rights place duties on other people not to
interfere with one’s life. Locke’s theories had a strong influence on the founding
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fathers and are reflected today in libertarian ideology.
Melden: Welfare Rights
In sharp contrast to the highly individualistic notion of human rights espoused
by Locke, Melden proposes that such rights arise out of interactions of
individuals in a community. He argues that having moral rights presupposes the
capacity to show concern for others and to be accountable in a moral
community.
In Melden’s view, rights are positive: they place an obligation on individuals in
a community to provide all with benefits needed to lead a minimally decent
human life. Melden’s approach defines welfare rights.
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Responsibility and Virtue Ethics
Preoccupation with procedures useful in confronting and evaluating moral

dilemmas should not lead us to neglect the heart and spirit of true
professionalism; the morals and ideals to which a profession is dedicated, and
the moral character of its practitioners. Moral character, as defined by vices and
virtues, has as much to do with motives, attitudes, aspirations, and ideals as it
does with right and wrong conduct.
Aristotle: Virtue and The Golden Mean

Virtues are acquired habits that enable us to engage effectively in rational
activities – activities that define us as human beings.
Intellectual Virtues – foresight, efficiency, creativity, mental discipline,
perseverance, etc.
Moral virtues – courage, truthfulness, generosity, friendliness, etc.
The Golden Mean suggests that moral virtues occupy the middle ground
between two extremes:
foolhardiness – courage – cowardice
tactlessness – truthfulness – secretiveness
wastefulness – generosity – miserliness
Moral virtues allow us to pursue a variety of social goods within a community.
Virtues and Practices

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In order to apply virtue ethics to professional ethics, MacIntyre introduces the
idea of practices-cooperative activities aimed toward achieving social goods that
idea of practices cooperative activities aimed toward achieving social goods that

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could not otherwise be achieved. The goods are said to be internal goods
because they are the results of the workings of the practice. External goods,
fame, fortune, prestige, etc., can be gained in many ways; internal goods are the
result of practice.
UNIT - 2
Model law of e-commerce
Introduction
The United Nations Commission on International Trade Law (UNCITRAL)
Model Law on Electronic Commerce was promulgated in 1996 (and amended
in 1998) to assist countries in the framing of legislation which would enable and
facilitate electronic commerce and electronic government. Surprisingly, it
makes no reference to the Internet.
This model law
 establishes rules and norms that validate and recognize contracts formed
through electronic means,
 sets rules for forming contracts and governing electronic contract
performance,
 defines the characteristics of valid electronic writing and of an original
document,
 provides for the acceptability of electronic signatures for legal and
commercial purposes, and
 supports the admission of computer evidence in courts
and arbitration proceedings.
0 0
&
School of Law
The Model Law adopts a limited framework approach. It is not intended to be a

comprehensive, code-like articulation of the rules for electronic transactions,
nor is it intended to govern every aspect of electronic contracting. Instead, it is
intended to enable and facilitate electronic commerce by providing national
particular, it was intended to overcome obstacles arising from statutory
provisions that may not be varied0 contractually
0 by providing equal treatment to
paper-based and electronic information. Such equal treatment is essential for
enabling the use of paperless communication, thus fostering efficiency in
international trade.
The underlying analytical approach of the Model Law is the "functional
equivalence" approach. This approach evaluates the underlying purposes and
functions of traditional paper-based legal requirements and assesses to what
extent electronic transactions can meet these purposes and functions.
Where electronic transactions can satisfy the purposes and functions, the Model
Law requires that they be given equal status. In effect, it puts electronic
communications on par with traditional paper-based modes of communication.
Therefore, rather than rewriting the law, the Model Law seeks to extend the
scope of standard national legal definitions of "writings", "signatures" and
"originals" to encompass their electronic counterparts. It provides
that information is not to be denied legal effect merely because it is in electronic
form or is signed electronically. It also deals
0 0
&
School of Law
with transmission and receipt of messages and contracts for the carriage
of goods. It does not address jurisdictional or conflict of laws issues.
Purpose
The Model Law on Electronic Commerce (MLEC) purports to enable and

facilitate commerce conducted using electronic means by providing national
particular, it is intended to overcome obstacles arising from statutory provisions
that may not be varied contractually by providing equal treatment to paper-
based and electronic information. Such equal treatment is essential for enabling
the use of paperless communication, thus fostering efficiency in international
trade.
Why is it relevant?
The MLEC was the first legislative text to adopt the fundamental principles of
non-discrimination, technological neutrality and functional equivalence that are
widely regarded as the founding elements of modern electronic commerce law.
The principle of non-discrimination
0 0ensures that a document would not be
denied legal effect, validity or enforceability solely on the grounds that it is in
electronic form. The principle of technological neutrality mandates the adoption
of provisions that are neutral with respect to technology used. In light of the
rapid technological advances, neutral rules aim at accommodating any future
development without further legislative work. The functional equivalence
principle lays out criteria under which electronic communications may be
0 0
&
School of Law
considered equivalent to paper-based communications. In particular, it sets out

the specific requirements that electronic communications need to meet in order
to fulfil the same purposes and functions that certain notions in the traditional
paper-based system - for example, "writing," "original," "signed," and "record"-
seek to achieve.
Online contracting
Electronic contracts (contracts that are not paper based but rather in electronic
practise) are born out of the need for speed, suitability and efficiency. Imagine a
contract that an Indian exporter and an American importer wish to enter into.
One option would be that one party first pulls up two copies of the contract,
signs them and couriers them to the other, who in turn signs both copies and
couriers one copy back. The other option is that the two parties meet someplace
and sign the contract.
In the electronic age, the whole contract can be completed in seconds, with both
parties simply attaching their digital signatures to an electronic copy of the
contract. There is no need for delayed couriers and additional travelling costs in
such a situation.
Essentials of an electronic contract:
As in every other contract, an electronic contract also requires the following

necessary requirements:
1. An offer requirements to be made
0 0
&
School of Law
In many contacts (whether online or conventional) the offer is not made directly
one-on-one. The consumer ‘browses’ the available goods and services showed
on the seller’s website and then chooses what he would like to purchase. The
0 0 the items for sale at a particular price.
offer is not made by website showing
This is essentially an invitation to offer and hence is revocable at any time up to
the time of acceptance. The offer is made by the customer on introduction the
products in the virtual ‘basket’ or ‘shopping cart’ for payment.
2. The offer needs to be acknowledged
As stated earlier, the acceptance is usually assumed by the business after the
offer has been made by the consumer in relation with the invitation to offer. An
offer is revocable at any time until the acceptance is made.
Processes available for forming electronic contracts include:
I. E-mail: Offers and acceptances can be exchanged entirely by e-mail, or can be

collective with paper documents, faxes, telephonic discussions etc.
II. Web Site Forms: The seller can offer goods or services (e.g. air tickets,
software etc.) through his website. The customer places an order by completing
and communicating the order form provided on the website. The goods may be
actually delivered later (e.g. in case of clothes, music CDs etc.) or be directly
delivered electronically (e.g. e-tickets, software, mp3 etc.).
III. Online Agreements: Users may need to take an online agreement in order
to be able to avail of the services e.g. clicking on “I accept” while connecting
software or clicking on “I agree” while signing up for an email account.
0 0
&
School of Law
3. There has to be legal consideration
Any contract to be enforceable by law must have legal consideration, i.e., when
both parties give and receive something in return. Therefore, if an auction site
eases a contract between two parties where one Ecommerce – Legal Issues such
as a person provides a pornographic movie as consideration for purchasing an
mp3 player, then such a contract is void.
4. There has to be an intention to create lawful relations
If there is no intention on the part of the parties to create lawful relationships,

then no contract is possible between them. Usually, agreements of a domestic or
social nature are not contracts and therefore are not enforceable, e.g., a website
providing general health related data and instructions.
0 0
5. The parties must be able to contract.
Contracts by minors, lunatics etc. are void. All the parties to the contract must
be lawfully competent to enter into the contract.
6. There must be free and unaffected consent
Consent is said to be free when there is absence of coercion, misrepresentation,

undue influence or fraud. In other words, there must not be any agitation of the
will of any party to the contract to enter such contract. Usually, in online
contracts, especially when there is no active real-time communication between
the contracting parties, e.g., between a website and the customer who buys
through such a site, the click through process ensures free and genuine consent.
7. The object of the contract need to be lawful
0 0
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School of Law
A valid contract presumes a lawful object. Thus a contract for selling narcotic
drugs or pornography online is void.
8. There must be conviction and possibility of performance
A contract, to be enforceable, must not be ambiguous or unclear and there must

be possibility of performance. A contract, which is impossible to perform,
cannot be enforced, e.g., where a website promises to sell land on the moo n.
TYPES OF ELECTRONIC CONTRACTS
Employment Contracts
The Information Technology is determined by manpower in Indian context and

thus employment contracts are vital. With a high erosion rate as well as the
confidentiality involved in the work employment contracts become crucial.
Apart from that Indian Labour practices are based on tough labour laws and not
the hire and fire processes of the first world. In this background copyright issues
of software development assumes vital importance. Apart from that contracts
for on-site development and sending the workforce abroad and security clauses
will play a crucial role in employment contracts. Firms hiring personnel abroad
apart from their personnel need to include the relevant employment contract of
the place of action.
0 0
Consultant Agreements

&
School
0 0
of Law
The normal requirements of Indian Contracts Act of 1872 will apply on any
consultant agreement. But particularly in Information Technology industry
where the infrastructure to function is low and connectivity is very high
consultancy with experience marketing and business development and
technology development is a very dominant mode of contract. Here proper care
to be taken in Consultant agreements where issues of Intellectual Property
Rights, privacy will play an important role. If care is not taken it may lead to
cost of business and loss of clients.
Contractor Agreements
As manufacturing companies subcontract their business, Information

Technology also subcontract their work due to changing orders and would like
to cut on the cost of regular workforce and attendant legal and financial
problems. At the same time in manufacturing business, tough labour laws like
the Contract Labour (Abolition and Regulation) Act of 1970 in force could lead
to a different type of legal twist. However if care is taken to subcontract keeping
the requirements of the contract Act and the Contract Labour abolition act the
anticipated objectives could be met. Here again privacy, consumer liability and
copy right issues assume great importance and care to be taken in representation
such contracts.
Non-Disclosure Agreements
Non-Disclosure Agreements are part of IT contracts, which identify binding

agreements with employees apart from the standard confidentiality agreements.
The Indian Contract Act 1872 has provisions for the same and it undertakes
0 0
&
School of Law
importance in an industry which is purely knowledge based and one which can
be easily repeated ruining the business.
Digital signature
A digital signature is basically a way to ensure that an electronic document (e-

mail, spreadsheet, text file, etc.) is authentic. Authentic means that you know
who created the document and you know that it has not been altered in any way
since that person created it. 0 0
Digital signatures rely on certain types of encryption to ensure authentication.
Encryption is the process of taking all the data that one computer is sending to
another and encoding it into a form that only the other computer will be able to
decode. Authentication is the process of verifying that information is coming
from a trusted source. These two processes work hand in hand for digital
signatures.
Purpose
 The main purpose of a digital signature is to secure a document so that it is not

tampered with by people without authorization
 An electronic signature is mainly used to verify a document. The source of the
document and the authors are identified.
Several ways to authenticate a person or information on a computer:
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Owing to the fast reproduce on new storage media like Hard-disk, CD-ROMS,
Pen- Drives, etc. it proves as a fast means of its distribution.
Reasons For Rise In Cyber Pornography
a. Firstly, the technological development has reached to such an extent that

life without such communication devices is not possible. This led to fast
and easy access to these technologies, making it more and more effortless
as compared to the traditional form. With this, one can access the
pornographic material online. One can view this content at free of cost in
the privacy of their own home.
b. One finds it difficult to purchase this type of content in the printed form,
especially the youngsters and children‘s. There was a fear among them
which comes with purchasing pornographic materials or embarrassment
of being caught or with it. Such hurdles has now been removed as it is
available in a matters of seconds and without any fear of being caught.
Legal Framework/Statutory Guidelines

1. Information Technology Act, 2000
The issue of cyber pornography has been dealt with in Section 67 of the
IT Act where publishing of information which is obscene in electronic
form has been made an offence. The section states that
―Whoever publishes or transmits or causes to be published in the
electronic form, any material which is lascivious or appeal to the prurient
interest or if its effect is such as to tend to deprave and corrupt persons
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who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, shall be punished on first
conviction with imprisonment of either description for a term which may
extend to five years and with fine which may extend to one lakh rupees
and in the event of a second or subsequent conviction with imprisonment
of either description for a term which may extend to ten years and also
with fine which may extend to two lakh rupees.
2. Indian Penal Code
Section 292 of Indian Penal Code states that: -

[(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing,
drawing, painting, representation, figure or any other object, shall be
deemed to be obscene if it is lascivious or appeals to the prurient interest
or if its effect, or (where it comprises two or more distinct items) the
effect of any one of its items, is, if taken as a whole, such as to tend to
deprave and corrupt person, who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in
it.]
[(2)] Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts
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into circulation, or for purposes of sale, hire, distribution, public

exhibition or circulation, makes, produces or has in his possession any
obscene book, pamphlet, paper, drawing, painting, representation or
figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the
purposes aforesaid, or knowing or having reason to believe that such
object will be sold, let to hire, distributed or publicly exhibited or in any
manner put into circulation, or
(c) takes part in or receives profits from any business in the course of
which he knows or has reason to believe that any such obscene objects
are for any of the purposes aforesaid, made, produced, purchased, kept,
imported, exported, conveyed, publicly exhibited or in any manner put
into circulation, or
(d) advertises or makes known by any means whatsoever that any person
is engaged or is ready to engage in any act which is an offence under this
section, or that any such obscene object can be procured from or through
any person, or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished [on first conviction with imprisonment of either
description for a term which may extend to two years, and with fine
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which may extend to two thousand rupees, and, in the event of a second
or subsequent conviction, with imprisonment of either description for a
term which may extend to five years, and also with fine which may
extend to five thousand rupees].
The test of obscenity in of Section 67 of I.T. Act is same that of Section

292 of Indian Penal Code, 1860 which was introduced in Samaresh Bose
v. Amal Mitra.
3. Indecent Representation of Women‘s Act, 1986

This act was enacted with the aim of prohibiting indecent representation
of women through the means of advertising or publication, writing, figure
or in any other manner and for matters connected therewith or incidental
thereto
4. Young Person (Harmful Publication) Act

This act covers pornography that depicts sexual violence against women
and children portraying rape, sexual; assault and like crimes.
Cyber Jurisdiction
The internet can be seen as a multi jurisdictional because of the ease
which a user can access of website anywhere in the world. It can be even
viewed as a jurisdictional in the sense that from the user‘s perspective
that the state and national borders are essentially transparent. For courts
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determining jurisdiction situation is more problematic. The court in Zippo

mfg. v. Zippo dot com inc said that there is a global revolution looming
on the horizon and the development of the law in dealing with the
allowable scope of personal jurisdiction based on internet use in its
infancy
The developing law of jurisdiction must addressed whether a particular

event in cyber space is controlled by the law of state or country where the
website is located, by the law of the state or the country where the
internet service provider is located. A number of commentators have
voiced their opinion that cyber space should be treated as separate
jurisdiction. In practice this view has not been supported or addressed by
the law makers
Cyber jurisdictional cases have been dealt with primarily in civil courts.
Since the advent of US v. Thomas, infra and Minnesota v. Granite gate
resort,
Cyber jurisdictions issues have been began to be examined in criminal

courts as well.
Cyber Jurisdiction in Criminal Cases: - the question of cyber jurisdiction

came to a forefront of attention of early 1996 in US. v. Thomas where the
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sixth circuit upheld the conviction of a couple operating a pornographic

bulletin from their home. The defendant began, operating the amateur
computer bulletin broad system (AABBS) from their home199.
The AABBS content approximately 14000 gif files. These files should be
easily accessed or retrieved or download by one who possessed a
password. 1994, a US magistrate judge issued a search warrant which led
to authorizing the confiscation of the defendant computers. The defendant
was convicted in the district courts against which they appealed. The
court held that the statute must be construed to affect the intent of the
Congress which was to prevent any obscene matter. ―D argued that the
internet environment provides broad ranging connections among people
in cyberspace. As such that notion obscenity tied to geographical local
would put a chill on protected speech.
‘D‘asserted a more flexible definition was needed was DMS operator

could not select to receive their materials.
The court ruled out that the D had pre existing method of screening
potential members by pre-screening their members; they could protect
themselves from being subjected to liability in jurisdiction with less
tolerant standards. This could be further said that D was to tailor their
message on as selective to the communities it should to serve so there no
need to develop any definition.
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International convention on cyber crime
The Convention on Cybercrime or Budapest Convention is the only binding

multilateral treaty instrument aimed at combating cybercrime. It was drafted by
the Council of Europe with active participation from its observer states in 2001.
The Convention provides a framework for international cooperation between
state parties to the treaty. It is open for ratification even to states that are not
members of the Council of Europe. The Convention is the only substantive
multilateral agreement with a stated objective of addressing cybercrime with
convergent, harmonized legislation and capability building. Therefore, it is
widely recognized as a decisive document on international best practice and
enjoys compliance even from non-signatory states. Most model legislation and
attempts at drafting a new international instrument on cybercrime have also
relied on the principles expounded in this Convention The Budapest Convention
is also supplemented by an Additional Protocol to the Convention which was
adopted in 2003.
Offences under the Convention

The Budapest Convention broadly attempts to cover crimes of illegal access,
interference and interception of data and system networks, and the criminal
misuse of devices. Additionally, offences perpetrated by means of computer
systems such as computer-related fraud, production, distribution and
transmission of child pornography and copyright offences are addressed by
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provisions of the Convention. The substantive offences under the Convention

can broadly be classified into “(1) offences against the confidentiality, integrity
and availability of computer data and systems; (2) computer-related offences;
(3) content-related offences; and (4) criminal copyright infringement.”[1]The
Additional Protocol makes the act of using computer networks to publish
xenophobic and racist propaganda, a punishable offence. However, the full
range of cybercrimes are not covered under the Budapest Convention. These
include cybercrimes such as identity theft, sexual grooming of children and
unsolicited spam and emails.[2]
Provisions of the Convention
The treaty functions on a mutual information sharing and formal assistance
model in order to facilitate better law enforcement and lays down procedure to
seek and receive such assistance. Article 23 of the Convention outlines the
general principles under which international cooperation can be sought, as
follows:
“Article 23 – General principles relating to international co-operation

The Parties shall co-operate with each other, in accordance with the provisions
of this chapter, and through the application of relevant international instruments
on international cooperation in criminal matters, arrangements agreed on the
basis of uniform or reciprocal legislation, and domestic laws, to the widest
extent possible for the purposes of investigations or proceedings concerning
criminal offences related tocomputer systems and data, or for the collection of
evidence in electronic form of a criminal offence.”
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It is clear then that assistance facilitated by the Convention relies on pre-

existing cooperative agreements between the parties. Thus, as also stated in
Article 39 of the Convention, the provisions only serve to supplement
multilateral and bilateral treaties already effective between parties. In addition,
mutual legal assistance (MLA) between parties where no such mutual
arrangements exists, can be facilitated through procedures laid down under
Article 27. Principles and procedures related to extradition for criminal offences
under the Convention is also detailed in Article 24 of the Budapest Convention.
These sections primarily aid formal legal assistance between signatory parties to
the Convention in case of a cybercrime (as defined under the Convention itself).
The Convention itself does not demand ‘dual criminality’ per se. However, the
adoption of the Convention demands harmonization of national legislations and
results in reciprocal criminalization. This is crucial as the Convention has
mutual assistance and extradition provisions, both easier to process when dual
criminality is established between the requesting and assisting parties.
The Cybercrime Convention Committee (T-CY) was setup to represent the
interests of and foresee regular consultations between state parties to the
Convention. The biannual plenaries conducted by the T-CY and working groups
discuss developments, shortcomings, grievances and possible amendments of
the Budapest Convention.
Significant Drawbacks of the Convention
The Convention on Cybercrime has also come under severe criticism for both
its specific provisions that fail to protect rights of individuals and states, and its
general inadequacy in sufficing to ensure a cyberspace free of criminal activity.
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The 12th Plenary of the T-CY (at page 123) concluded that the mutual legal
assistance facilitated by the Convention was too complex and lengthy, rendering
it inefficient in practice. The outdated nature of provisions of the Convention
clearly fail to cater to the needs of modern investigation.
The provisions of the Convention have been critiqued for supposedly infringing
on state sovereignty. In particular, Article 32 has been contentious as it allows
local police to access servers located in another country’s jurisdiction, even
without seeking sanction from authorities of the country. In order to enable
quick securing of electronic evidence, it allows trans-border access to stored
computer data either with permission from the system owner (or service
provider) or where publically available. As Russia finds this provision to be an
intolerable infringement of its sovereignty (amongst other things),[3] it has
categorically refused to sign the Convention in its current state. However, it is
important to note that the claim that provisions infringe on sovereignty has been
addressed and countered by the T-CY in its guidance note on Article 32.
Mobile phone crime
Why is mobile a tool of crime ?
The creativity and Innovation of the great master Sir Martin Cooper ha s
made a drastic change in the current generation of the world’s most
interactive beings. Mobile phones in today’s world have completely
replaced a personal computer or a laptop and is made smart for people to
do things faster and smarter. Mobile Phones ha ve changed the history of
the technological world by bringing in a combination of techniques, to
fulfill the basic necessity of today’s generation.
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The Mobile phone has become a key role playing component in the life of a
common man. Starting from 16 to 60’s without any age limit, the present
generation has carved a everlasting path in the skilled growth of the mobile
industry creating a boom in the electronic sector. The usage of mobile
devices paved a path for the successful growth in the electronic indus try.
Types of mobile phone related crimes
Vishing :
Vishing is the act of using the telephone in an attempt to scam the user into
surrendering private information that will be used for identity theft. The
scammer usually pretends to be a legitimate business, and fools the victim
into thinking he or she will profit.
Smishing :
Smishing is a security attack in which the user is tricked into downloading

a Trojan horse, virus or other malware onto his cellular phone or other
mobile device. smishing is short for “SMS phishing.”
Just like phishing, smishing uses cell phone text messages to lure
consumers in. Often the text will contain an URL or phone number. The
phone number often has an automated voice response system. And again
just like phishing, the smishing message usually asks for your immediate
attention.
In many cases, the smishing message will come from a “5000” number
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instead of displaying an actual phone number. This usually indicates the

SMS message was sent via email to the cell phone, and not sent fr om
another cell phone.
Lottery Scams :
A lottery scam is a type of advance-fee fraud which begins with an

unexpected email notification, phone call, or mailing (sometimes including
a large check) explaining that “You have won!” a large sum of money in
a lottery.
The Blue Bugging :
This attack involves the virtual takeover of the victim’s phone by

performing a backdoor mechanism. A backdoor is generally performed by a
developer in the case of troubleshooting a problem, but this mechanism is
also performed by attackers to gain access into the victim’s device by
bypassing the security mechanism.
Blue Jacking :
It is a milder version of Blue bugging, it involves sending anonymous,

unwanted messages to other users with Bluetooth-enabled mobile phones.
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A Bluejacker uses a feature originally intended for exchanging contact

details or Electronic-Business cards. The attacker adds a new entry in the
address book, types in a message and sends it via Bluetooth
Blue Snarfing :
Bluesnarfing is the theft of data from a Bluetooth phone. The attacker, just
by running the right software on their laptop, can discover the nearby
phone, connect to it without confirmation and download confidential data.
Even by turning off the Bluetooth a potential victim cannot be safe from
being Bluesnarfed. As a device in hidden state may also be Bluesnarfable
by guessing the device’s MAC address via a brute force attack.
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UNIT 4
Narco-Analysis
The term Narco-Analysis is derived from the Greek word narkç (meaning
"anesthesia" or "torpor") and is used to describe a diagnostic and
psychotherapeutic technique that uses psychotropic drugs, particularly
barbiturates, to induce a stupor in which mental elements with strong associated
affects come to the surface, where they can be exploited by the therapist. The
term narco-analysis was coined by Horseley. Narco analysis first reached the
mainstream in 1922, when Robert House, a Texas obstetrician used the drug
scopolamine on two prisoners.
The search for effective aids to interrogation is probably as old as man’s need to
obtain information from an uncooperative source and as persistent as his
impatience to shortcut any tortuous path. In the annals of police investigation,
physical coercion has at times been substituted for painstaking and time
consuming inquiry in the belief that direct methods produce quick results.
Development of new tools of investigation has led to the emergence of scientific
tools of interrogation like the narco analysis test. Such tests are a result of
advances in science but they often raise doubts regarding basic human rights
and also about their reliability. Legal questions are raised about their validity
with some upholding its validity in the light of legal principles and others
rejecting it as a blatant violation of constitutional provisions.
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A Brief Outline of the Narco Analysis Test-
The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or

Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the
practice of administering barbiturates or certain other chemical substances, most
often Pentothal Sodium, to lower a subject's inhibitions, in the hope that the
subject will more freely share information and feelings. A person is able to lie
by using his imagination. In the narco Analysis Test, the subject's inhibitions are
lowered by interfering with his nervous system at the molecular level. In this
state, it becomes difficult though not impossible for him to lie .In such sleep-
like state efforts are made to obtain "probative truth" about the crime. Experts
inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under
the controlled circumstances of the laboratory. The dose is dependent on the
person's sex, age, health and physical condition.
The subject which is put in a state of Hypnotism is not in a position to speak up

on his own but can answer specific but simple questions after giving some
suggestions. The subject is not in a position to speak up on his own but can
answer specific but simple questions. The answers are believed to be
spontaneous as a semi-conscious person is unable to manipulate the answers.
Other associated truth finding tests-

Apart from narco test there are also other two kinds of tests which are popularly
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used on the convict for extraction of truth, these are-
I. Polygraph or lie Detection Test:
It is an examination, which is based on an assumption that there is an interaction

between the mind and body and is conducted by various components or the
sensors of a polygraph machine, which are attached to the body of the person
who is interrogated by the expert. The machine records the blood pressure,
pulse rate and respiration and muscle movements. Polygraph test is conducted
in three phases- a pretest interview, chart recording and diagnosis. The examiner
(a clinical or criminal psychologist) prepares a set of test questions depending
upon the relevant information about the case provided by the investigating
officer, such as the criminal charges against the person and statements made by
the suspect.
II. P300 or the Brain Mapping Test:
This test was developed and patented in 1995 by neurologist Dr. Lawrence A.
Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. In this
method, called the “Brain-wave finger printing”; the accused is first interviewed
and interrogated to find out whether he is concealing any information. Then
sensors are attached to the subject’s head and the person is seated before a
computer monitor. He is then shown certain images or made to hear certain
sounds. The sensors monitor electrical activity in the brain and register P300
waves, which are generated only if the subject has connection with the stimulus
i.e. picture or sound. The subject is not asked any questions. Dr. Farwell has
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published that a MERMER (Memory and Encoding Related Multifaceted

Electro Encephalographic Response) is initiated in the accused when his brain
recognizes noteworthy information pertaining to the crime.
Narco Analysis in India-

A few democratic countries, India most notably, still continue to use narco
analysis. This has come under increasing criticism from the public and the
media in that country. Narco analysis is not openly permitted for investigative
purposes in most developed and/or democratic countries. In India, the narco
analysis test is done by a team comprising of an anesthesiologist, a psychiatrist,
a clinical/ forensic psychologist, an audio-videographer, and supporting nursing
staff. The forensic psychologist will prepare the report about the revelations,
which will be accompanied by a compact disc of audio-video recordings. The
strength of the revelations, if necessary, is further verified by subjecting the
person to polygraph and brain mapping tests.
Narco Analysis from Constitutional & Legal Stand Points-
The main provision regarding crime investigation and trial in the Indian
Constitution is Art. 20(3). It deals with the privilege against self-incrimination.
It has its equivalents in the Magna Carta, the Talmud, and the law of almost
every civilized country. The privilege against `self incrimination is a
fundamental canon of Common law criminal jurisprudence.
On analysis, this provision will be found to contain the following components:
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-It is a right available to a person “accused of an offence”;

-It is a protection against such “compulsion” “to be a witness”;
-It is a protection against such “compulsion” resulting in his giving evidence
against himself.
All the three ingredients must necessarily coexist before the protection of Art
20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot be
invoked.
The application of narco analysis test involves the fundamental question

pertaining to judicial matters and also to Human Rights. The legal position of
applying this technique as an investigative aid raises genuine issues like
encroachment of an individual’s rights, liberties and freedom. Subjecting the
accused to undergo the test, as has been done by the investigative agencies in
India, is considered by many as a blatant violation of Art. 20(3) of Constitution.
It also goes against the maxim Nemo Tenetur se Ipsum Accusare that is, ‘No
man, not even the accused himself can be compelled to answer any question,
which may tend to prove him guilty of a crime, he has been accused of’. If the
confession from the accused is derived from any physical or moral compulsion
(be it under hypnotic state of mind) it should stand to be rejected by the court.
The main issue thus is the question of its admissibility as a scientific technique
in investigations and its ultimate admissibility in court as forensic evidence.
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Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in
certain cases. It reads:
“When the court has to form an opinion upon a point of foreign law, or of
science, or art, or as to identity of handwriting or finger impression, the
opinions upon that point or persons especially skilled in such foreign law, or of
science, or art, or as to identity of handwriting or finger impressions are
relevant.”
However this section is silent on other aspects of forensic evidence that can be
admissible in court in criminal proceedings.
The right against forced self-incrimination, widely known as the Right to

Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian
Constitution. In the CrPC, the legislature has guarded a citizen’s right against
self-incrimination. S.161 (2) of the Code of Criminal Procedure states that every
person “is bound to answer truthfully all questions, put to him by [a police]
officer, other than questions the answers to which, would have a tendency to
expose that person to a criminal charge, penalty or forfeiture”.
Some Notable Events & Cases of Narco Analysis in India-
I. In a 2006 judgment Dinesh Dalmia v. State, the Madras High Court held that
subjecting an accused to narco analysis is not tantamount to testimony by
compulsion. The court said about the accused: "he may be taken to the
laboratory for such tests against his will, but the revelation during such tests is
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quite voluntary." There are two fallacies in this reasoning. First, if narco
analysis is all that it is made out to be by the Bangalore FSL, the accused will
involuntarily answer questions posed to him during the interview. The second
fallacy is that it is incorrect to say that the accused is merely taken to the lab
against his will. He is then injected with substances. The breaking of one's
silence, at the time it is broken, is always technically `voluntary.' Similarly, it
can be argued that after being subject to electric shocks, a subject `quite
voluntarily' divulges information. But the act or threat of violence is where the
element of coercion is housed. In narco analysis, the drug contained in the
syringe is the element of compulsion. The rest is technically voluntary.
The Degree of Admission of These Truth Finding Tests in Court-
Lawyers are divided on whether the results of Narco Analysis and P300 tests are
admissible as evidence in courts. "Confessions made by a semi-conscious
person is not admissible in court. A Narco Analysis Test report has some
validity but is not totally admissible in court, which considers the circumstances
under which it was obtained and assess its admissibility," advocate P. R Vakil
told rediff.com. "Under certain circumstance, a person may hold a certain belief.
By repeatedly thinking about an issue in a particular way, he begins to believe
that what he is thinking is right. But it need not necessarily be the truth," Vakil
explained.” Results of such tests can be used to get admissible evidence, can be
collaborated with other evidence or to support other evidence.
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Conclusion-
Law is a living process, which changes according to the changes in society,
science, and ethics and so on. The Legal System should imbibe developments
and advances that take place in science as long as they do not violate
fundamental legal principles and are for the good of the society. The criminal
justice system should be based on just and equitable principles. The issue of
using narco analysis test as a tool of interrogation in India has been widely
debated. The extent to which it is accepted in our legal system and our society is
something, which will be clearer in the near future. In a situation where narco
analysis is gaining judicial acceptances and supports despite being an
“unreliable & doubtful” science, we have to seriously rethink about its legal and
constitutional validity from human rights perspective.
DNA Profiling
DNA profiling (also called DNA fingerprinting, DNA testing, or DNA

typing) is a forensic technique used to identify individuals by characteristics of
their DNA. A DNA profile is a small set of DNA variations that is very likely
to be different in all unrelated individuals, thereby being as unique to
individuals as are fingerprints (hence the alternative name for the technique).
DNA profiling should not be confused with full genome sequencing.[1] First
developed and used in 1984,[2] DNA profiling is used in, for example, parentage
testing and criminal investigation, to identify a person or to place a person at a
crime scene, techniques which are now employed globally in forensic science to
facilitate police detective work and help clarify paternity and immigration
disputes.[3] DNA fingerprinting has also been widely used in the study of animal
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and floral populations and has revolutionized the fields of zoology, botany, and
agriculture
The Indian Evidence (Amendment) Bill, 2003 has been proposed on the
recommendation of the 185th Law Commission Report. The bill provides for
DNA tests in paternity disputes. DNA Fingerprinting is one of the latest forms
of forensic evidence, which uses substance from which chromosomes are made
to recognize individuals positively. DNA, is the most trustworthy technique for
establishing the identity of a creature with a virtually 100 percent certainty.
DNA fingerprinting is based on the principle that the genetic makeup of every
individual is different from the others and is unique and idiosyncratic to an
individual. DNA fingerprinting is the only definite, positive and permanent
identification method of a person as one’s DNA never changes during one’s
lifetime. But number of times even this robust piece of evidence failed in the
court of law because of the following reasons:
(1) Because as according to the Indian law no one can be forced to give blood
sample for testing
(2) It has not yet been included in the Evidence Act. It is therefore, left to the
discretion of the judges whether the DNA tests under Section 45 of the Indian
Evidence Act is to be accepted or not
(3) It has not been given the status of the “conclusive proof”
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(4) Many times it has been contended that such a testing would be considered as
violation of Article 20(3) of the constitution, which protects every citizen from
providing self-incriminating evidence
(5) Section 112 of the Evidence Act has not been appropriately amended in light
of the scientific developments
(6) Because of the absence of any legislation on DNA fingerprinting

empowering the courts to give an order for conducting DNA fingerprinting
(7) Because of the absence of guidelines for analyzing DNA fingerprints for
courts to accept this as evidence.
The development of DNA technology furthers the search for truth by helping
police and prosecutors in the fight against violent crime. Through the use of
DNA evidence, prosecutors are often able to conclusively establish the guilt of a
defendant.
In Frye v. United States (1923), it was held that scientific evidence would be
admissible only after the thing from which the deduction is made had been
sufficiently established to have gained general acceptance in the particular field
in which it belongs. This decision was the birth of what ultimately became
known alternatively as the Frye test or the general acceptance test. The Frye test
would, by the end of the 1990’s, become the majority test for the admissibility
of novel scientific evidence.
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Chanderprabhu Jain College of Higher Studies

CLASS : BALLB VII SEM

PAPER CODE : LLB 405

SUBJECT : LAW AND EMERGING TECHNOLOGY

INTRODUCTION : NOTION OF TECHNOLOGY

A) EMERGENCE OF TECHNOLOGY AND INDUSTRIAL REVOLUTION

The term Industrial Revolution, like similar historical concepts, is more

The Industrial Revolution, in this sense, has been a worldwide phenomenon, at

An outstanding feature of the Industrial Revolution has been the advance in

Meanwhile, British windmill construction was improved considerably by the

Although the qualification regarding older sources of power is important, steam

Revolution. Little development took place in the Newcomen atmospheric

The development of electricity as a source of power preceded this conjunction

Iron and steel

The agricultural improvements of the 18th century had been promoted by

Transport and communications

Transport and communications provide an example of a revolution within the

Telegraphs and telephones

The great innovations in communications technology, however, derived from

Effects of the Industrial Revolution

 Public Health and Life Expectancy

Working Class Families and The Role of Women

The Industrial Revolution completely transformed the role of the family. In

The Emerging Middle Class

Gradually, very gradually, a middle class, or “middling sort”, did emerge in

Positive Impacts Of Technology On Society

 Technology Has Mechanized Agriculture

Technology has mechanized agriculture: Modern agricultural technology allows

Technology has improved transportation: Transportation is one of the basic

 Technology Has Improved Communication

Technology has improved communication: Communication is used for a

 Technology Has Improved Education And Learning Process

Technology has improved education and learning process: Education is the

inclassrooms to boost students moral to learn. Visual education is becoming

Negative Impacts Of Technology On Society

The more demand for new technologies and advancement of current

Technology has helped us live longer by improving health facilitiesand aiding

c) NOTION OF TECHNOLOGICAL SOCIETY

Since the creation of computers achieved an entire better approach to transmit

Another instance of the negative effects of technology in society,is how quickly

Economics and technological development

In ancient history, economics began when occasional, spontaneous

In the modern world, superior technologies, resources, geography, and history

economic excess naturally flows into greater use of technology. Moreover,

Consequently, the sources of funding for large technological efforts have

Government funding for new technology

Government is a major contributor to the development of new technology in

Research and development is one of the smallest areas of investments made by

Many foundations and other nonprofit organizations contribute to the

Sociological factors and effects

The implementation of technology influences the values of a society by

Mechanistic world view: Viewing the universe as a collection of parts, (like a

Institutions and groups

Technology often enables organizational and bureaucratic group structures that

The commercialization of leisure: sports events, products, etc. (McGinn)

The almost instantaneous dispersal of information (especially news) and

Technology enables greater knowledge of international issues, values, and

Most modern technological processes produce unwanted by products in addition

d) LAW,ETHICS AND TECHNOLOGY

Personal Integrity an Virtues

Virtues provide a bridge between private and professional lives.

Moral integrity can be defined as inner unity on the basis of moral

Self-Interest and Ethical Egoism

The Pursuit of Self-Interest