CYBER LÄW IN INDIA. (Law on Internet) Dr. Farooq Ahmad Reader, Department of Law University of Kashmir, Srinagar

Transcription

1 CYBER LÄW IN INDIA (Law on Internet) Dr. Farooq Ahmad Reader, Department of Law University of Kashmir, Srinagar New Era Law Publications Law Book Publishers, 1159, Outrem Linea, DELHI

2 Contents Preface to Second Edition Preface to First Edition Table of Cases CHAPTER 1 Early Development of Digital Computer Evolution of Computer Industry Evolution of Internet I. Genesis of Internet II. Internet Functioning III. Internet Potential Internet Domain Survey, January 2001 Number of Hosts advertised in the DNS IV. Communication through Internet V. Modes of Communication List Serv Sharing of Information Databases Real Time Text Based Communications (Talk and IRC) Real-Time Remote Computer Utilization (Talnet) Remote Retrieval of Information Internet Challenges Problems CHAPTER 2 Potential and Problems CHAPTER 3 Genesis, Object and Scope of the IT Art Object of the Act (xi)

3 xii Cyber Law in India (Law on Internet) Scope of the Act CHAPTER 4 Encryption Meaning Mathematical Basis of Encryption Symmetrie or shared key Encryption Symmetrie Cryptosystem Limitations of Symmetrie Cryptosystem Data Encryption Standard (i) Triple DES (ii) SkipJACK Proprietary algorithms Data Integrity Shared Key Encrypted Communications in practice Hybrid encryption System or Digital Envelope Digital Cash Time Stamping Service Asymmetrie Cryptosystem Asymmetrie cryptosystem for confidentiality Asymmetrie cryptosystem For Authentication RSAAlgorithm Mathematical basis of RSA How Public Cryptosystem works in practice? Advantages of Public Key Encryption Relationship of the Quality of Cryptosystem and Key Length EHiptic Curve Digital Signature CHAPTER 5 Authentication of Electronic Records and Electronic Governance Introduction Authentication of the Electronic Records Digital Signature RSA Digital Signatures RSA Digital Signature Scheine Hash Function... 64

4 Contents Working of Digital Signatures Digital Signatures in Practice Digital Watermarking Secure Electronic Record and Secure Digital Signatures Electronic Governance Legal Recognition of Electronic Records Legal Recognition of Digital Signatures Use of Electronic Records and Digital Signatures in Government and its agencies Retention of Electronic Records Publication of Rules, Regulations, etc. in Electronic Gazette Power to Make Rules CHAPTER 6 Certifying Authorüies Need of Certifying Authority Functioning of the Certifying Authority Types of Certificates Identification Certificate Authorizing Certificate Transactional Certificate Digital Time Stamping Service Validity Period of Digital Signatures Certificate Chain Appointment of Controller Functions of Controller Controller to act as Repository Powers of the Controller Power to Recognise Foreign Certifying Authorities Power to issue Licence Power to Renew Licence Power to Suspend or Revoke Licence Power to Delegate and Investigate (a) Power regarding Discovery and Production of Evidence, etc (b) Power of Search and Seizure (c) Power to Requisition Books of Account, etc

5 xiv Cyber Law in India (Law on Internet) (d) Power to Call for Information (e) Power of Survey (f) Power to Collect Certain Information (g) Power to Inspect Registers of Companies Power to have Access to Computers and Data Power to issue Directions Power to Decrypt Information Power to Make Regulations Database of Certifying Authorities Who can be a Certifying Authority? Application for licence Certification Practice Statement Issuance of Licence Refusal of Licence Surrender of Licence Cross Certification Duties of Certifying Authorities Certifying Authority to follow Procedures Certifying Authority as an Indemnifier Disclosure of Certain Facts Commencement of Commercial Operation by Licensed Certifying Authorities Requirements prior to Cessation as Certifying Authority Digital Signature Certificates Digital Signature Certificate Digital Signature Certificate Standard Representations upon issuance of Digital Signature Certificate Generation of Digital Signature Certificate Issue of Digital Signature Certificate Lifetime of Certificate Suspension of Digital Signature Certificate Revocation of Digital Signature Certificate Certificate Revocation List (CRL) Compromise of Digital Signature Certificate Archival of Digital Signature Certificate Audit

6 Contents Confidential Information Duties of Subscribers Generating Key Pair Acceptance of Digital Signature Certificate Control of Private Key CHAPTER 7 Domain Name Disputes and Trademark Law Background of Domain Names : Where Lies the Dispute? Intersection of Internet Domain Names and the Trademark Law Commercial use of the Mark Similarity of mark With the Registered Mark Dilution of Trademark Likelihood of Consumer Confusion New Concepts In Trademark Jurisprudence Cyberquatting Reverse Hijacking Metatages Keyword Banners Hyperlinks Framing Grip Sites and Fan Sites Spamming Jurisdiction in Trademark Disputes Objectives of the UDRP : Representation by Domain Name Applicant Mandatory Administrative Proceeding Application of UDRP Evidence of Registration and Use in Bad Faith Rights and Legitimate Interests of a Domain Name Holder Initiation of Proceedings and Process Appointment of the Panel and Timing of Decision Powers of the Panel Available Remedies Panel Decisions Availability of Court Proceedings xv

7 xvi Cyber Law in India (Law on Internet) Cancellation, Transfers and Changes Ban on Transfers During a Dispute Policy Modifications Decisions under UDRP Judicial Trends in India Protection of Domain Names Standard of Consumer Confusion Standard of Confusion Basis of Liabüity CHAPTER 8 Electronic Commerce Contracts by Electronic Data Interchange Cyber Contracts World Wide Web (www) Validity of Electronic Transactions Dichotomy of Offer And Invitation to Treat Application of Mirror Image Rule Communication of Offer and Acceptance Revocation of Offer and Acceptance Incorporation of Terms By Reference Mistake in Electronic Commerce Place of Formation of Contract Jurisdiction Identity of Parties..'. 244 CHAPTER 9 Service Provider's Uability for Copyright Infringement Who is an Internet Service Provider? Basis of Liability Judicial Trends Legislative Measures Indian Scenario Service Provider's Liability for Defamation Judicial Trends Legislative Measures

8 Contents xvü Service Provider's Liability for Pornography Test of Obscenity Internet Obscenity Legislative Measures CHAPTER 10 Cyber Regulations Appellate Tribunal Establishment and Composition of Cyber Appellate Tribunal Qualifications for Presiding Officer Term of Office, Salary, AHowances and other Terms and Conditions of Service of Presiding Officer Resignation, Removal and Filling up of Vacancies Staff of the Cyber Appellate Tribunal Jurisdiction of Cyber Appellate Tribunal Adjudicating Officer Powers of the Adjudicating Officer Factors to be taken into account by the Adjudicating officer Power to Award Compensation Powers of the Adjudicating Officer to Impose Penalty Compounding of Contravention Appeal to Cyber Regulations Appellate Tribunal Procedure and Powers of the Cyber Appellate Tribunal Procedure for Filing Applications Contents of Application Powers, Functions and Duties of the Registrar Service of Notice of Application on the Respondents Filing of Reply and other documents by the Respondent Hearing on application Orders and Directions of the Tribunal Registration of Legal Practitioner's Clerks Jurisdiction of the Civil Court Barred Appeal to High Court Constitution of Advisory Committee CHAPTER 11 Cyber Crimes Classification of Cyber Crimes F-2

9 xviii Cyber Law in India (Law on Internet) Computer as target of the Crime Computer as an instrument of Crime Computer as incidental to the Crime (A) Inlernet Crime (B) Web based Crimes Target of Computer Crime Challenge of Cyber Crimes Indian Schcme of Offences and Punishment Datnage to Computer, Computer system, etc Unauthorised Access Packet Sniffing Tcmpest attack Password Cracking Butter Overflow Computer Contaminant or Computer Virus (a) Viruses (b) Logic Bomb (c) Worms (d) Trojan Horse Programme Stealth Virus Polymorphic Virus Macro Virus Companion Virus Fast and Slow viruses Virus hoax Sparse Virus Denial of Service..., 324 SYN Attack User Datagram Protocol (UDP) Attack Internet Control Message Protocol (ICMP) Attack Smurf Attack Mültipronged Denial of Service Attack Tampering with Computer Source Documents Hacking Passwords Firewalls

10 Contents Encryption Digital Signatures Clipper Chip Routers or Gateways Operating System Publishing of Obscene Information in Electronic Form Test of Obscenity Prurient Interest Publication of Obscene Matter Knowledge of Obscenity Cyberstalking Internet Fraud Misuse Penalty for Misrepresentation Penalty for Breach of Confidentiality and Privacy Penalty for Publishing False Digital Signature Certificate Confiscation Penalties and Confiscation in addition to and not in Derogation of other Punishments Penalty for Failure to Furnish Information, return, etc. Residuary Penalty Extra Territorial Jurisdiction Investigation of Computer Crimes Offences by Companies Recovery of Penalties Power of Central Government to Make Rules Power of State Government to Make Rules APPENDICES 1. The Information Technology Act, The Information Technology (Certifying Authorities) Rules, 2000 ; 3. The Cyber Regulations Appellate Tribunal (Procedure) Rules, The Information Technology (Certifying Authority) Regulations, 2001 xix

11 xx Cyber Law in India (Law on Internet) 5. The Cyber Regulations Appellate Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Rules, The Information Technology (Other Powers of Civil Court Vested in Cyber Appellate Tribunal) Rules, The Information Technology (Other Standards) Rules, The Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, The Cyber Regulations Appellate Tribunal (Salary, Allowances and other Terms and Conditions of Service of Presiding Officer) Rules, Bibliography Books Websites