Marupaka VenkateshwarluM.A,B.Ed,L.L.BTheLegal.co.in

Information Technology

Unit-I

Concept of information Technology

Information technology is a manifestation of public & private investment in science &

engineering (S&E) that is enabling broad and significant changes in society. Many observation,

compare the rapid development and expansion of information technology to the industrial

revolution in terms of its potential scope & impact on society. Few other modern advances in

technology have the capacity to affect so fundamentally the way people work live, learn and

govern themselves. As with the industrial revolution, both the time and direction of many

changes are difficult to predict.

The relationship between IT& science & engineering has two aspects. In addition to being a

product of science and engineering, IT enabling change in S&E. IT has become on important part

of the Indian economy for example S&E make extensive use of computer modeling & simulation

and large share of database advances in networking facilitate global collaboration in research

and product development, implement the results of academic research and conduct significant

amounts of applied R&D, IT also influences the pipeline for S&E through its affects on the

demand for people with technical skills and through its use in education at all levels.

Information technology reflects the combination of three technologies, digital computing, data

storage and ability to transmit digital signal through telecommunication network. Rapid change

in semiconductors technology, information storage & networking, combined with advance in

software, has enabled new application, cost reduction and widespread diffusion of IT. The

expanding array application makes IT more useful & further fuels the expansion of IT.

CONCEPT OF INFORMATION TECHNOLOGY

Information is a resource which has no value until it is extracted, processed and utilized. Information technology deals with information system, data storage, access, retrieval, analysis and intelligent decision making. Information technology refers to the creation, gathering, processing, storage, presentation and dissemination of information and also the processes and devices that enable all this to be done.

Information technology is affecting us as individual and as a society. Information technology stands firmly on hardware and software of a computer and tele-communication infrastructure.

Cyber Space

The term "cyberspace" was first used by the cyberpunk science fiction author William Gibson, which he later described as an "evocative and essentially meaningless" buzzword that could serve as a cipher for all of his cybernetic musings. Now it is used to describe anything associated with computers, information technology, the Internet and the diverse Internet culture.

Cyberspace is the electronic medium of computer networks, in which online communication takes place and where individuals can interact, exchange ideas, share information, provide social support, conduct business, direct actions, create artistic media, play games, engage in political discussion, and so on. It is readily identified with the interconnected information technology required to achieve the wide range of system capabilities associated with the transport of communication and control products and services.

However, the term cyber space is rooted in the science of cybernetics from the Greek word (kybernetes, steersman, governor, pilot, or rudder) and Norbert Wiener's pioneering work in electronic communication and computer science, a forerunner to current information theory and computer science. Cyberspace is the "place" where a telephone conversation appears to occur. In cyberspace, the computational medium is an augmentation of the communication channel between real people.

Therefore, cyber Space is a virtual space where internet works.

Salient features of cyber space

(1) Just like the real world comprises the entire earth, Cyberspace consists of the entire virtual world i.e.. The world where people are connected through computer and internet and where computer programmes work and data is processed.

(2) The ICTs, computers and Internet Technology are expanding the boundaries ofcyberspaces day by day .

(3) According to an estimate, Cyber space is doubling every 100 days, .

(4) Unlike the problems in the real world, it is very easy to roam around in the cyberspace on "information superhighways".

(5) The speed is tremendous, the reach is unlimited. Moreover it is easy to enter and exit.

(6) Very less resources are needed to enter cyberspace.

(7) It is easy to disguise one's identity in cyberspace.

(8) Cyberspace and real world impact each other.

Internet Jurisdiction

Jurisdiction is classified into

1. Territoriality principle :- A state within its territory is entitle to regulate the service providers located in its geographically controlled area. It may bock transmission from any website into its territory.

2. Nationality Principle;- the power of state to regulate the conduct of its nationals is accepted in international from law.

3. Effects Principle :- Under this principal ,the state in whose territorial jurisdiction the effect of an act result claims jurisdiction.

Internet jurisdiction is used to determine which legal authority may hear a case, between adefendant and plaintiff, in which the potential crime was committed on the Internet. Typically, when a plaintiff, or the individual who initiates a lawsuit, wishes to accuse someone of a crime, he appeals to the legal authority, or court, given jurisdiction over thegeographical area where the crime occurred. Internet crime, however, is difficult to assign to a particular geographic location because the originator of the website may be located in a different region or country than the individual against whom the crime was allegedly committed.

When determining state jurisdiction within the United States, current US legal precedence has established that a website operator must exhibit the intention to do business within aspecific region in order for that regional court to claim jurisdiction. For example, if a plaintiff in Massachusetts believes that the content of a website, operated in the state of California, violates laws unique to Massachusetts, the plaintiff must prove that the website specifically targets his state as a region in which it wishes to do business. If this intent can be proven, a Massachusetts judge and court would have jurisdiction over the case

JURISDICTION- INDIAN CONTEXT

As discussed earlier the jurisdiction of Civil Courts in India is based on pecuniary,subject matter and territorial aspects where the pecuniary aspect is based on thevaluation of the dispute in terms of money, subject matter deals with specifieddisputes allocated to specified courts and territorial aspect is based on the ‘residence’and ‘cause of action’ but again subject to the pecuniary and subject matterparameters of the dispute to be adjudicated. In this context due to the unitary anduniform structure of laws throughout the country one can easily dismiss the complexityof Internet Jurisdiction issues as it is dealt in United States. However, Internet being aglobal phenomenon the jurisdiction issues of those who reside outside India and viceversa of those who reside in India will assume importance in case of adjudication andeffectiveness of the same.

Let us look at some important provisions in this regard to understand the Jurisdictionissues and its operation in the Indian legal system:

1. s.13 of Civil Procedure Code (CPC)- this section deals on foreign judgments-

A foreign judgment shall be conclusive as to any matter thereby directly adjudicatedupon between the same parties or between parties under whom they or any of themclaim litigating under the same title except-

a. Where it has been pronounced by a court of competent jurisdiction;

b. Where it has been given on the merits of the case;

c. Where it appears on the face of the proceedings to be founded on an

incorrect view of international law or a refusal to recognize the law of India in

cases in which such law is applicable;

d. Where proceedings in which the judgment was obtained are opposed to thenatural justice;

The Significance of Mandatory Enforcement of all Sui generis Intellectual Property Laws on Markets forData, Music, Movies, Pharmaceuticals and Biotechnology.

Sui generis systems for protecting intellectual property are those that are special systems – oneof a kind – that fall outside of traditional IPR regimes like copyright, patents or trademarks. Forexample, the US has a sui-generis regime to protect data from clinical trials on pharmaceuticaldrugs, Europe is implementing national sui generis legislation on databases, and several African,Asian and Latin American countries have sui generis regimes on traditional learning and culture,and a there are quite a few efforts to create sui generis regimes on genetic and biologicalresources, to mention only a few areas where sui generis regimes are being discussed.

There is no doubt about the status of sui-generis IPR regimes in the Hague convention – they are all enforceable, regardless of what they are. At present these laws are often controversial, because they push protections into new areas, that would otherwise be in the public domain. But under the convention, countries could get enforcement of judgments globally, even if no other country had a similar regime

JURISDICTION ISSUES IN INTERNATIONAL PERSPECTIVE:

Interpreting these clauses it is abundantly clear that it is not mere jurisdiction the issue the effectof such jurisdiction and enforcing the decrees needs reciprocal arrangements. Apart from this onthe issue of arbitration in Internet, the Foreign Awards (Recognition and Enforcement) Act of1961 based on the New York Convention of 1958, by India allows arbitration and recognition offoreign awards.

The issue of jurisdiction in international private law currently is addressed by the HagueConvention on jurisdiction.

The general framework for the convention is as follows.

1. Countries which sing the convention agree to follow a set of rules regarding jurisdiction for

cross-border litigation. Nearly all civil and commercial litigation is included

2. So long as these jurisdiction rules are followed, every country agrees to enforce nearly all of

the member country judgments and injunctive orders, subject only to a narrow exception for

judgments that are “manifestly incompatible with public policy”, or to specific treaty

exceptions, such as the one for certain antitrust claims.

3. A judgment in one country is enforced in all Hague convention member countries, even if thecountry has no connection to a particular dispute.

e. Where it has been obtained by fraud;

f. Where is sustains a claim founded on a breach of any law in force in India.

By these provisions it is implied that foreign judgments are binding if the above exceptions are taken care inthe adjudication. Here again any explicit acceptance of the jurisdiction of any foreign court by an Indiancitizen or a corporation is bound by that as the individual or corporation has taken.

Unit-II

Aims and objectives of it act 2000

1.INTRODUCTION ABOUT IT ACT Information technology is one of the important law relating to Indian cyber laws. It had passed in Indian parliament in 2000. This act is helpful to promote business with the help of internet. It also set of rules and regulations which apply on any electronic business transaction.

2.OBJECTIVES OF IT ACT

.1. It is objective of I.T. Act 2000 to give legal recognition to any transaction which is done by electronic way or use of internet.

2. To give legal recognition to digital signature for accepting any agreement via computer.

3. To provide facility of filling document online relating to school admission or registration in employment exchange.

4. According to I.T. Act 2000, any company can store their data in electronic storage.

5. To stop computer crime and protect privacy of internet users

.6. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form.

7. To make more power to IPO, RBI and Indian Evidence act for restricting electronic crime.

SCOPE OF IT ACT

1. Information technology act 2000 is not applicable on the attestation for creating trust via electronic way. Physical attestation is must.

2. I.T. Act 2000 is not applicable on the attestation for making will of any body. Physical attestation by two witnesses is must

.3. A contract of sale of any immovable property

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 6

.4. Attestation for giving power of attorney of property is not possible via electronic record.

E-Governance in india

The “e” in e-Governance stands for ‘electronic’. Thus, e-Governance is basically associated withcarrying out the functions and achieving the results of governance through the utilization of ICT (Information and Communications Technology).

While Governance relates to safeguarding the legal rights of all citizens, an equally important aspect is concerned with ensuring equitable access to public services and the benefits of economic growth to all. It also ensures government to be transparent in its dealings, accountable for its activities and faster in its responses as part of good governance.

Types of Government Interaction in e-governance.G2G: Government to Government G2C: Government to Citizen G2B: Government to BusinessG2E: Government to Employee

Electronic records

An electronic record is information recorded by a computer that is produced or received in the initiation,

conduct or completion of an agency or individual activity. Examples of electronic records include: e mail ‐messages, word processed documents, electronic spreadsheets, digital images and databases. Many ‐electronic records are maintained as part of an electronic recordkeeping system, such as geographic

information systems (GIS), digital image storage systems, computer aided design (CAD) systems, etc.

Electronic evidence

Digital evidence or Electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required.

The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files.

Digital Signature

A digital signature (not to be confused with a digital certificate) is a mathematical technique used to validate the authenticity and integrity of a message, software or digital document

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 7

The digital equivalent of a handwritten signature or stamped seal, but offering far more inherent security, a digital signature is intended to solve the problem of tampering and impersonation in digital communications. Digital signatures can provide the added assurances of evidence to origin, identity and status of an electronic document, transaction or message, as well as acknowledging informed consent by the signer.

In many countries, including the United States, digital signatures have the same legal significance as the more traditional forms of signed documents. The United States Government Printing Office publishes electronic versions of the budget, public and private laws, and congressional bills with digital signatures.

Secure electronic records and Secure digital signatures

Secure electronic record.

Where any security procedure has been applied to an electronic record at a specific point of time. then

such record shall be deemed to be a secure electronic record from such point of time to the time of

verification.

Secure digital signature.

If, by application of a security procedure agreed to by the parties concerned, it can be verified that a

digital signature, at the time it was affixed, was-

1.Unique to the subscriber affixing it.

2.Capable of identifying such subscriber.

3.created in a manner or using a means under the exclusive control of the subscriber and is linked to the

electronic record to which it relates in such a manner that if the electronic record was altered the digital

signature would be invalidated.

4.then such digital signature shall be deemed to be a secure digital signature.

Duties of subscriber

1.Generating key pair

Where any Digital Signature Certificate, the public key of which corresponds to the private key of that

subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber,

then, the subscriber shall generate the key pair by applying the security procedure.

2. Acceptance of Digital Signature Certificate

(1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or

authorises the publication of a Digital Signature Certificate-

(a) to one or more persons;

(b) in a repository, or

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 8

otherwise demonstrates his approval of the Digital Signature Certificate in any manner,

(2) By accepting a Digital Signature the subscriber certifies to all who reasonable rely on the information

contained in the Digital Signature Certificate that-

(a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature

Certificate and is entitled to hold the same;

(b) all representations made by the subscriber to the Certifying Authority and all material relevant to the

information contained in the Digital Signature Certificate are true.;

(c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is

true.

Regulation Of Certifying Authorities

Appointment of Controller and other officers.

1. The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying

Authorities for the purposes of this Act and may also by the same or subsequent notification appoint

such number of Deputy Controllers and Assistant Controllers as it deems fit.

2. The Controller shall discharge his functions under this Act subject to the general control and directions

of the Central Government.

3. The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by the

Controller under the general superintendence and control of the Controller.

4. The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers

and Assistant Controllers shall be such as may be prescribed by the Central Government.

5. The Head Office and Branch Office of the office of the Controller shall be at such places as the Central

Government may specify, and these may be established at such places as the Central Government may

think fit.

6. There shall be a seal of the Office of the Controller.

Procedure and powers of the Cyber Appellate Tribunal

(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of civil

Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other

provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate

its own procedure including the place at which it shall have its sittings.

(2) The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under

this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908,

while trying a suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents or other electronic records;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents;

(e) reviewing its decisions;

(f) dismissing an application for default or deciding it ex pane;

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 9

Internet service provider

An Internet service provider (ISP) is an organization that provides services accessing and using

the Internet. Internet service providers may be organized in various forms, such as commercial, community-

owned, non-profit, or otherwise privately owned.

Internet services typically provided by ISPs include Internet access, Internet transit, domain

name registration, web hosting, Usenet service, and collocation.

Powers of police under the information technology act 2000

Section 80 deals with Power of police officer and other officers to enter, search, etc.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of a Deputy Superintendent of Police, or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place andsearch and arrest without warrant any person found therein who is reasonably suspected of having committed or of committing or of being about to commit any offence under this Act. Explanation.-For the purposes of this sub-section, the expression "public place" includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public.

(2) Where any person is arrested under sub-section (1) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, subjectto the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section.

Unit-III

E-commerce

E-commerce (electronic commerce or EC) is the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network, primarily the internet. These business transactions occur either as business-to-business, business-to-consumer, consumer-to-consumer or consumer-to-business. The terms e-commerce and e-business are often used interchangeably. The term e-tail is also sometimes used in reference to transactional processes for online shopping.

UNCITRAL

United Nations Commission on International Trade Law

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 10

The United Nations Commission on International Trade Law (UNCITRAL) is the core legal body of the United Nations system in the field of international trade law, with a mandate to further the progressive harmonization and unification of the law of international trade.

The New York Convention was prepared by the United Nations prior to the establishment of UNCITRAL in 1969. Nevertheless, promotion of the New York Convention is an integral part of the Commission's programme of work

There are a number of categories of UNCITRAL publications on the New York Convention:

Recommendations Commission Sessions Working Group II Sessions Colloquia

Another important UNCITRAL text is the 1985 UNCITRAL Model Law on International Commercial Arbitration (amended in 2006), designed to assist States in reforming and modernizing their laws on arbitration so as to take into account the particular features and needs of international commercial arbitration.

E-Taxation

Electronic tax filing, or E-filing, is a system for submitting tax documents to a revenue service electronically, often without the need to submit any paper documents. Electronic tax filing may refer to: IRS e-file, a United States system for federal income tax.

E-file is a system for submitting tax documents to the US Internal Revenue Service through the Internet or direct connection, usually without the need to submit any paper documents. Tax preparation software with e-filing capabilities includes stand-alone programs or websites.

DEFINITION of 'Electronic Filing - E-File' The process of submitting tax returns over the Internet, using tax preparation software that has been pre-approved by the relevant tax authority, such as the IRS or the Canada Revenue Agency.

The IRS E-file program offers a quick, easy, and accurate alternative to paper tax returns. Doing your taxes online with OnLine Taxes and E -filing your tax return is by far the fastest way to receive your income tax refund.

E- banking:-

Online banking, also known as internet banking, e-banking or virtual banking, is an electronic

payment system that enables customers of a bank or other financial institution to conduct a range of financial transactions through the financial institution's website. The online banking system will typically connect to or be part of the core banking system operated by a bank and is in contrast to branch banking which was the traditional way customers accessed banking services.

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 11

To access a financial institution's online banking facility, a customer with internet access would need to register with the institution for the service, and set up a password and other credentials for customer verification. The credentials for online banking is normally not the same as for telephone or mobile banking. Financial institutions now routinely allocate customers numbers, whether or not customers have indicated an intention to access their online banking facility. Customer numbers are normally not the same as account numbers, because a number of customer accounts can be linked to the one customer number. Technically, the customer number can be linked to any account with the financial institution that the customer controls, though the financial institution may limit the range of accounts that may be accessed to, say, cheque, savings, loan, credit card and similar accounts.

What is online publishing

Web publishing, or "online publishing," is the process of publishing content on the Internet. It includes creating and uploading websites, updating web pages, and posting blogs online. The published content may include text, images, videos, and other types of media.

In order to publish content on the web, you need three things: 1) web development software, 2) an Internet connection, and 3) a web server. The software may be a professional web design program like Dreamweaver or a simple web-based inter face like WordPress. The Internet connection serves as the medium for uploading the content to the web server. Large sites may use a dedicated web host, but many smaller sites often reside on shared servers, which host multiple websites. Most blogs are published on public web servers through a free service like Blogger.

Since web publishing doesn't require physical materials such as paper and ink, it costs almost nothing to publish content on the web. Therefore, anyone with the three requirements above can be a web publisher. Additionally, the audience is limitless since content posted on the web can be viewed by anyone in the world with an Internet connection. These advantages of web publishing have led to a new era of personal publishing that was not possible before.

NOTE: Posting updates on social networking websites like Facebook and Twitter is generally not considered web publishing. Instead, web publishing generally refers to uploading content to unique websites.

Online credit card payment

A payment gateway is a merchant service provided by an e-commerce application service provider that

authorizes credit card or direct payments processing for e-businesses, online retailers, bricks and clicks,

or traditional brick and mortar.[1]The payment gateway may be provided by a bank to its customers, but

can be provided by a specialized financial service provider as a separate service, such as a payment

service provider.

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 12

A payment gateway facilitates a payment transaction by the transfer of information between a payment

portal (such as a website, mobile phone or interactive voice response service) and the front end

processor or acquiring bank.

What is employment contract

An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. But generally, the contract of employment denotes a relationship of economic dependence and social subordination. In the words of the controversial labour lawyer Sir Otto Kahn-Freund,

"the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission andthe subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'. The main object of labour law has been, and... will always be a countervailing force to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship

Distribution Agreement.

A distribution agreement is a legal agreement between a supplier of goods and a distributor of goods. The supplier may be a manufacturer, or may itself be a distributor reselling another's goods.

Distribution agreements may be categorised as either exclusive or non-exclusive. As well as drafting bespoke agreements for clients, we supply downloadable template versions of both types:

1.Exclusive distribution agreement2.Non-exclusive distribution agreement

In an exclusive distribution agreement, the supplier will grant to the distributor exclusivity over a particular territory and/or product line and/or sales channel. The usual quid pro quo for exclusivity will be some kind of performance obligations.

Distribution agreements often incorporate terms and conditions of supply, sometimes in the body of the agree and sometimes as a schedule or annex to the agreement. These should cover all the nitty-gritty concerning supplies, including the delivery of goods, the transfer of risk in and title to the goods, inspection requirements, returns, and so on.

Distribution agreements can fall foul of competition law, and some care should therefore be taken with their drafting.

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 13

Non disclosure agreement

A Non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships,societies, etc.) are considering doing business and need to understand the processes used in each other's business for the purpose of evaluating the potential business relationship. NDAs can be "mutual",meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party. It is also possible for an employee to sign an NDA or NDA-like agreement with an employer. In fact, some employment agreements will include a clause restricting employees' use and dissemination of company-owned confidential information.

Shrink Wrap Contract

Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract.

Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.

A software license agreement is commonly called an end user license agreement (or EULA).

Source Code

Source code is the fundamental component of a computer program that is created by a programmer. It can be read and easily understood by a human being. When a programmer types a sequence of C language statements into Windows Notepad, for example, and saves the sequence as a text file, the text file is said to contain the source code. Source code and object code are sometimes referred to as the "before" and "after" versions of a compiled computer program. For script (noncompiled or interpreted) program languages, such as JavaScript, the terms source code and object code do not apply, since there is only one form of the code.

Programmers can use a text editor, a visual programming tool or an integrated development environment to create source code. In large program development environments, there are often management systems that help programmers separate and keep track of different states and levels of source code files.

Escrow Agreement

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 14

An escrow agreement is a legal document that outlines the terms and conditions between parties involved in an escrow arrangement. An escrow agreement defines the arrangement by which one party deposits an asset with a third person (called an escrow agent), who, in turn, makes a delivery to another party if and when the specified conditions of the contract are met.

Unit-IV

CopyrightsA copyright protects intellectual property as described by the U.S. Copyright Office. Books, plays, music, software, artwork, architectural drawings, maps and similar works are all protected under copyright laws automatically by virtue of their creation. Registration of the work is recommended in the event the copyright is infringed upon or ownership is questioned, but is not necessary under United Statesand most international copyright laws.

PatentsA patent is a property grant issued to owners of intellectual property, as described by the U.S. Patent and Trademark Office, usually an invention or certain types of discoveries (mathematical equations and product formulas for example). Patents provide the patent owner “the right to exclude others from making, using, offering for sale, or selling the invention in the United States," according to the U.S. Patent and Trademark Office.

Assignment of copyright

A copyright assignment is when the copyright holder transfers ownership of the copyright to another person or organization.

The copyright holder is normally the person who created the work, but they may decide to sign the agreement over to a publisher (in the book industry or music industry) or record label (in the music industry). This occurs because publishers and record labels have more resources than anauthor to print copies of the work, distribute to a broader audience, and maintain other aspects of their career. A lot of times, the publisher or record label may even supply the author with a monetary advance so the author can focus on just creating the work.

The downside of assigning your copyright over to a publisher is that you receive only a cut of what you would have received if you retained the copyright, and you may also lose some creative control. For instance, the decision over whether to turn your book into a movie may nowrest with the publisher and not you.

An alternative of transferring the entire copyright over to a publisher is licensing the work to them in a limited capacity. In this instance, you retain the copyright, but you also get the business advantages from the publisher.

Software Patents Examples

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 15

Indian patent application number 3803/CHENP/2008 titled “DISAGGREGATED SECURE EXECUTION

ENVIRONMENT” has been granted by the Indian patent office on 19th Sept., 2016. This patent claims

priority from US patent US11/353,675 with PCT International Application Number as

PCT/US2007/002322. The subject matter of this patent relates to, an electronic device, such as, a

computer, which may be adapted for self-monitoring for compliance to an operating policy. The

operating policy may specify a pay-per-use or subscription business model and measurements associated

with compliant usage. A secure execution environment may measure usage in accordance with the

business model as well as monitor and enforce compliance to the operating policy To increase the

difficulty of attacking or otherwise disabling the secure execution environment, elements of the secure

execution environment may be distributed. The distribution points may include other functional

elements of the computer, such as interface circuits, or may even be remotely located over a network.

An implementation method for disaggregating the secure execution environment is also disclosed.

Indian patent application number 5992/DELNP/2005 titled “A SYSTEM FACILITATING A COMPUTER

OBJECT ACCESS CONTROL” has been granted as Indian patent number 247539 on 18th April, 2011 by the

Indian patent office. This patent claims priority from US patent US10/609,104 having PCT International

Application number as PCT/US2004/019987. The subject matter of this patent relates to a system

facilitating a computer object access control for controlling access to the computer objects, comprising: a

computer display screen, a graphical user interface (100), a name field (102) indicating a name for the

computer object; and one or more access control fields (110) rendered together and indicating plural

selectable computer spaces (112C-112E) for the computer object, at least one of the computer spaces

corresponding to a computer location and at least one of the computer spaces (112A, 112B, 112F)

corresponding to access to the computer object for one or more computer users.

World Intellectual Property Organization(WIPO)

World Intellectual Property Organization (WIPO), international organization designed to promote the

worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted

materials (literary, musical, photographic, and other artistic works).

The origins of WIPO can be traced to 1883, when 14 countries signed the Paris Convention for the

Protection of Industrial Property, which created intellectual-property protections for inventions,

trademarks, and industrial designs. The convention helped inventors gain protection for their works

outside their native countries. In 1886 the Berne Convention required member countries to provide

automatic protection for works that were produced in other member countries. The two organizations,

which had established separate secretariats to enforce their respective treaties, merged in 1893 to

become the United International Bureau for the Protection of Intellectual Property (BIRPI), which was

based in Bern, Switzerland.

In 1960 BIRPI moved its headquarters to Geneva. The aims of WIPO are twofold. First, through

international cooperation, WIPO promotes the protection of intellectual property. WIPO supervises

administrative cooperation between the Paris, Berne, and other intellectual unions regarding

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 16

agreements on trademarks, patents, and the protection of artistic and literary works. WIPO was charged

with helping to resolve disputes over the use of Internet domain names.

Trademarks in Internet

Trademarks on the Internet: The expansion of the World Wide Web has led also to an expansion in trademark infringement claims and lawsuits involving the Internet (see the BitLaw page on trademark infringement for a general discussion of trademark infringement). The Internet has in fact become the latest hotbed of activity for trademark attorneys. The discussion of Internet trademark issues on this page is divided into the following topics:

Trademark infringement discovered on the InternetInappropriate allegations of trademark infringementDomain name disputesTrademark infringement and domain namesTrademark dilution and domain names

Domain Name

Domain names are used to identify one or more IP addresses. For example, the domain name microsoft.com represents about a dozen IP addresses. Domain names are used in URLs to identify particular Web pages. For example, in the URL http://www.TheLegal.co.in/index.html, the domain name is TheLegal.co.in.Every domain name has a suffix that indicates which top level domain (TLD) it belongs to. There are only a limited number of such domains. For example: gov - Government agencies edu - Educational institutions org - Organizations (nonprofit) co.in- Company in India com - commercial business net - Network organizations ca - Canada th - ThailandBecause the Internet is based on IP addresses, not domain names, every Web server requires a Domain Name System (DNS) server to translate domain names into IP addresses.

DatabaseA database is a collection of information that is organized so that it can be easily accessed, managed and updated.Data is organized into rows, columns and tables, and it is indexed to make it easier to find relevant information. Data gets updated, expanded and deleted as new information is added. Databases process workloads to create and update themselves, querying the data they contain and running applications against it.Computer databases typically contain aggregations of data records or files, such as sales transactions, product catalogs and inventories, and customer profiles.Typically, a database manager provides users with the ability to control read/write access, specify report generation and analyze usage. Some databases offer ACID (atomicity, consistency, isolation and durability) compliance to guarantee that data is consistent andthat transactions are complete.

Unit-V

Netizen

Persons in cyberspace are called netizens i.e. anyone who is associated with computers, information technology and the Internet. However, according to another definition a netizen is a

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 17

person who becomes part of and participates in the larger Internet society which recognizes fewboundaries save language. The word comes from the combination of the terms Internet and citizen.

006 Digital native

is a person who was born during or after the general introduction of digital technologies and through interacting with digital technology from an early age, has a greater understanding of its concepts. Alternatively, this term can describe people born during or after the latter 1960s, as the Digital Age began at that time; but in most cases, the term focuses on people who grew up with the technology that became prevalent in the latter part of the 20th century and continues to evolve today.

Digital Citizen

Commonly refers to a person utilizing information technology (IT) in order to engage in society, politics, and government participation.

Internet

A means of connecting a computer to any other computer anywhere in the world via dedicated routers and servers. When two computers are connected over the Internet, they can send and receive all kinds of information such as text, graphics, voice, video, and computer programs.No one owns Internet, although several organizations the world over collaborate in its functioning and development. The high-speed, fiber-optic cables (called backbones) through which the bulk of the Internet data travels are owned by telephone companies in their respectivecountries.

The Internet grew out of the Advanced Research Projects Agency's Wide Area Network (then called ARPANET) established by the US Department Of Defense in 1960s for collaboration in military research among business and government laboratories.

Later universities and other US institutions connected to it. This resulted in ARPANET growing beyond everyone's expectations and acquiring the name 'Internet.'The development of hypertext based technology (called World Wide web, WWW, or just the Web) provided means of displaying text, graphics, and animations, and easy search and navigation tools that triggered Internet's explosive worldwide growth.

11. Cyber Stalking(cyberstalking)

Cyber stalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization.It may include false accusations, defamation, slander and libel.It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that may be used to threaten, embarrass or harass.

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 18

Cyber stalking is often accompanied by realtime or offline stalking.[2] In many jurisdictions, such as California, both are criminal offenses.Both are motivated by a desire to control, intimidate or influence a victim. A stalker may be an online stranger or a person whom the target knows. He may be anonymous and solicit involvement of other people online who do not even know the target.

Cyber stalking is a criminal offense under various state anti-stalking, slander and harassment laws. A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail.

Credit card frauds

Credit card (or debit card) fraud is a form of identity theft that involves an unauthorized taking of another’s credit card information for the purpose of charging purchases to the account or removing funds from it.

Elements of Credit Card Fraud

Debit/credit card fraud is thus committed when a person

1) fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else's credit or debit card or card information;

2) uses his or her own card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged; and

3) sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization.

Types of Credit Card Fraud

Credit fraud is a broad term for the use of a credit card (or any comparable type of credit) to buygoods or services with the intention of evading payment. Credit fraud includes:

Identity theft: the unauthorized use of personal identification information to commit credit fraud or other crimes

Identity assumption:

long-term victimization of identification information

Fraud spree: unauthorized charges on existing accounts

Credit card fraud schemes generally fall into one of two categories of fraud: application fraud and account takeover.

Cyber Crimes

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 19

Cybercrime, also called computer crime, is any illegal activity that involves a computer or network-connected device, such as a mobile phone. The Department of Justice divides cybercrime into three categories: crimes in which the computing device is the target, for example, to gain network access; crimes in which the computer is used as a weapon, for

example, to launch a denial of service (DoS) attack; and crimes in which the computer is used as an accessory to a crime, for example, using a computer to store illegally-obtained data.

The Council of Europe Convention on Cybercrime, to which the United States is a signatory, defines cybercrime as a wide range of malicious activities including the illegal interception of data, system interferences that compromise network integrity and availability and copyright infringements. Other forms of cybercrime include illegal gambling, the sale of illegal items like weapons, drugs or counterfeit goods, as well as the solicitation, production, possession or distribution of child pornography.

The growth of the internet has enabled an increase in the volume of cybercrime activities because there is no longer a need for the criminal to be physically present when committing a crime. The internet's speed, convenience, anonymity and lack of borders makes computer-based variations of financial crimes, such as theft, money laundering or fraud, and hate crimes,

such as stalking and bullying, easier to carry out.

Cybercrime may be committed by individuals or small groups, as well as by criminal organizations that are often spread around the world and committing crimes on an unprecedented scale. Cybercrime has the unusual characteristic that the victim and the perpetrator may never come into direct contact; in many cases, perpetrators and victims are separated by thousands of miles. To further reduce the chances of detection and prosecution, cybercriminals often choose to operate in countries with weak or nonexistent cybercrime laws.

In addition to the economic impact, cybercrimes may have public health and national security implications, making computer crime one of the Department of Justice's top priorities. In the United States, at the federal level, the Federal Bureau of Investigation's (FBI) Cyber Division is the agency within the Department of Justice that is charged with combating cybercrime.

The Department of Homeland Security sees strengthening the security and resilience of

cyberspace as an important homeland security mission, and agencies such as the U.S. Secret Service and U.S. Immigration and Customs Enforcement have special divisions dedicated to combating cybercrime.

The Secret Service's Electronic Crimes Task Forces investigate cases that involve electronic crimes, particularly attacks on the nation's financial and critical infrastructures. The Secret Service also runs the National Computer Forensic Institute, which provides state and local law

enforcement, judges and prosecutors with training in computer forensics. The Internet CrimeComplaint Center (IC3), a partnership between the FBI and the National White Collar Crime Center, accepts online complaints from victims of internet crimes or interested third parties.

The following list presents the common types of cybercrimes:

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 20

Computer Fraud: Intentional deception for personal gain via the use of computer systems.

Privacy violation: Exposing personal information such as email addresses, phone number, account details, etc. on social media, websites, etc.

Identity Theft: Stealing personal information from somebody and impersonating that person.

Sharing copyrighted files/information: This involves distributing copyright protected files suchas eBooks and computer programs etc.

Electronic funds transfer: This involves gaining an un-authorized access to bank computer networks and making illegal fund transfers.

Electronic money laundering: This involves the use of the computer to launder money.

ATM Fraud: This involves intercepting ATM card details such as account number and PIN numbers. These details are then used to withdraw funds from the intercepted accounts.

Denial of Service Attacks: This involves the use of computers in multiple locations to attack servers with a view of shutting them down.

Spam: Sending unauthorized emails. These emails usually contain advertisements.

Internet Relay Chat

Internet Relay Chat (IRC) is an application layer protocol that facilitates communication in the form of text. The chat process works on a client/server networking model. IRC clients are computer programs that a user can install on his or her system. These clients communicate withchat servers to transfer messages to other clients. IRC is mainly designed for group communication in discussion forums, called channels but also allows one-on-one communication via private messages] as well as chat and data transfer, including file sharing.

Software Piracy

Software piracy is the illegal copying, distribution, or use of software. It is such a profitable "business" that it has caught the attention of organized crime groups in a number of countries. According to the Business Software Alliance (BSA), about 36% of all software in current use is stolen. Software piracy causes significant lost revenue for publishers, which in turn results in higher prices for the consumer.

When you purchase a commercial software package, an end user license agreement ( EULA ) is included to protect that software program from copyright infringement. Typically, the license states that you can install the original copy of software you bought on one computer and that you can make a backup copy in case the original is lost or damaged. You agree to the licensing

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 21

agreement when you open the software package (this is called a shrink wrap license), when youopen the envelope that contains the software disks, or when you install the software.

Software piracy applies mainly to full-function commercial software. The time-limited or function-restricted versions of commercial software called shareware are less likely to be pirated since they are freely available. Similarly, freeware , a type of software that is copyrighted but freely distributed at no charge, also offers little incentive for piracy.

What is Data Protection and Privacy

Information privacy, or data privacy (or data protection), is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them.

Privacy concerns exist wherever personally identifiable information or other sensitive information is collected, stored, used, and finally destroyed or deleted – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues may arise in response to information from a wide range of sources, such as:

Data privacy, also called information privacy, is the aspect of information technology (IT) that deals with the ability an organization or individual has to determine what data in a computer system can be shared with third parties.

Net Extortion

Extortion (also called shakedown, outwrestling, taxation and exaction) is a criminal offense of obtaining money, property, or services from an individual or institution, through coercion. It is sometimes euphemistically referred to as a "protection racket" since the racketeers often phrase their demands as payment for "protection" from (real or hypothetical) threats from unspecified other parties. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense.Making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or thedemanding and obtaining of something through force,[1] but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.

What is Hacking

Hacking is identifying weakness in computer systems or networks to exploit its weaknesses to gain access. Example of Hacking: Using password cracking algorithm to gainaccess to a system

Computers have become mandatory to run a successful businesses. It is not enough to have isolated computers systems; they need to be networked to facilitate communication with

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 22

external businesses. This exposes them to the outside world and hacking. Hacking means usingcomputers to commit fraudulent acts such as fraud, privacy invasion, stealing corporate/personal data, etc. Cyber crimes cost many organizations millions of dollars every year. Businesses need to protect themselves against such attacks.

Ethical Hacking?

Ethical Hacking is identifying weakness in computer systems and/or computer networks and coming with countermeasures that protect the weaknesses. Ethical hackers must abide by the following rules.

Get written permission from the owner of the computer system and/or computer network before hacking.

Protect the privacy of the organization been hacked.

Transparently report all the identified weaknesses in the computer system to the organization.

Inform hardware and software vendors of the identified weaknesses.

what is cyber terrorism:-

Cyber terrorism is the use of the Internet to conduct violent acts that result in or threaten the loss of life or significant bodily harm in order to achieve political gains through intimidation. It is also sometimes considered the act of Internet terrorism in terrorist activities, including acts of deliberate, large-scale disruption of computer networks, especially of personal computers attached to the Internet, by the means of tools such as computer viruses.

Cyber terrorism is a controversial term. Some authors choose a very narrow definition, relating to deployments, by known terrorist organizations, of disruption attacks against information systems for the primary purpose of creating alarm and panic. Some other authors choose a much too broad definition which tends to falsely include cybercrime when in reality, cyber terrorism and cybercrime are two very different issues and must be defined separately. Terrorism online should be considered cyber terrorism when there has been fear inflicted on a group of people, whereas cybercrime is the act of committing a felony or crime online typically without the use of fear. By these narrow and broad definitions, it is difficult to identify which instances of online terrorism are cyber terrorism or cybercrime.

Phishing:-

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 23

Phishing is a form of fraud in which the attacker tries to learn information such as login credentials or account information by masquerading as a reputable entity or person in email, IM or other communication channels.

Typically a victim receives a message that appears to have been sent by a known contact or organization. An attachment or links in the message may install malware on the user’s device ordirect them to a malicious website set up to trick them into divulging personal and financial information, such as passwords, account IDs or credit card details. Phishing is a homophone of fishing, which involves using lures to catch fish.

child pornography:-

child pornography means

(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;

(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

Marupaka Venkateshwarlu MA,B.Ed,LLB. Page 24