Cyber Laws (Including Information Technology Act, 2000) Lessons Plan
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1 Cyber Laws (Including Information Technology Act, 2000) Lessons Plan 9 th semester ( ) (1) Introduction Cyberspace vs. Physical space; Scope of Cyber Laws. (2) Components of Cyber Laws in India - Information Technology Act, 2000; Relevant provisions from Indian Penal Code, Indian Evidence Act, Bankers Book Evidence Act, Reserve Bank of India Act, etc. (3) Information Technology Act a brief overview; Documents or transactions to which IT Act shall not be applicable; meaning of Computer, Computer system and Computer network; E commerce; E governance; Concept of Electronic Signature; Concept of Cyber contraventions and Cyber Offences. (4) E- Contract legal provisions regulating the e contract with special reference to the provisions of IT Act, (5) Copyright issues in Cyberspace relevant provisions under Copyright Act, 1957 regulating copyright issues in Cyberspace; Online Software Piracy legal issues involved; Analysis of sufficiency of provisions of Copyright Act to deals with Online Software Piracy. (6) Trademark issues in Cyberspace Domain Name; Cyber squatting as a form of Domain Name dispute; Case law. (7) Concept of Cyber Crimes Cyber Contraventions & Cyber Offences (8) Study Of Some Specific Kinds Of Cyber Crimes - (a) Unauthorised Access & Accessing the Protected System - meaning with reference to an idea of Cyber Hacking; the legal issues involved. (b) Introducing Computer contaminant or virus legal issues involved. (c) Denial Of Access To Authorised Person e.g.- Denial of Service (DoS) Attacks; E mail bombing legal issues involved. (d) Web jacking, Web Defacement & Salami Attacks - legal issues involved. (e) Cyber Defamation meaning; applicability of provisions of IPC; penal liabilities.
2 (f) Phishing a kind of online fraud; meaning; legal issues involved with reference to applicable provisions from IT Act, (g) Cyber Stalking - meaning; elements; applicable provisions from IT Act, (h) Cyber pornography meaning; relevant provisions from Constitution of India; relevant provisions from IPC; relevant provisions from IT Act; reported case law. (i) Cyber Terrorism meaning; various modes of committing Cyber terrorism; applicable provisions from IT Act. (9) Information Security Management System and other Security Compliances. Sl No. Roll No. Cyber Law Project Topics - IX th Semester, Session Project Topics Interface of Information Technology Law and Intellectual Property Laws Obscenity and Child Pornography - Applicability of Hicklin Test Cyber Crimes & Investigation procedures in India Cyber Cafes : Emerging as a New Tool for Cyber Offenders Concept of Electronic Signature with special reference to UNCITRAL Model Law on Electronic Signature Money laundering & IT Act, Blocking of Websites Disputes related with Online Contracts in Cyberspace Cyber Crimes and the IT Act, Hacktivism and Wikileaks : New Challenges to Cyberworld Applicability of IPC in Cyber Offences Judiciary on Cyber Jurisdiction Cracking, Phreaking, Whacking and Hacking : Legal issues Linking, Framing, Caching and Meta-tagging : Legal issues involved Domain Naming Disputes and approach of Indian Judiciary Computer Related Crimes & IT Act, Prevention of Cyber Hacking : International initiatives Software Piracy - A Study with special reference to Apple vs Samsung Controversy Obscenity and Child Pornography - Applicability of Hicklin Test Cyber Cafes : Emerging as a New Tool for Cyber Offenders Legal Consequences of Online Defamation Laws Applicale to Protection from Computer Virus Legal Issues involved in Net Banking -An Indian Perspective Privacy Disputes
3 Spoofing and Indian Laws Prevention and Control of Cyber terrorism : International initiatives Computer frauds and Abuse : An analysis Patent protection in the Cyberspace Tax issues relating to E - commerce and Internet Cyber Offences under the IT Act, Evidentiary issues in Cyber Laws Taxation of Digital Goods Provisions of Cybercontraventions under the IT Act, Internet Chatting & Socio - legal issues Cyber Crimes and Challenges to Criminal Justice System Cryptography and Stagnography Electronic Signature vis-à-vis IT Act, Laws relating to Privacy in the Online World : A Comparative Study Internet and Privacy Issues International Conventions on Cyber Crime : A Study Hacking - Its Different Modes and Legal Consequences Cyber Appellate Tribunals and its working Copyright Protection in the Digital age Trademark Law in Cyberspace Freedom of Expression in Cyberspace Various forms of Copyright Infringement in the Digital Environment E - Commerce initiatives in India Online Sale of Goods and Consumer Protection E - Evidences and their admissibility issues Unsolicited Commercial Communications and Spamming : A Critical Study E - Contracts - Legal challenges Electronic Signature and Encryption Internet a New platform for White Collar Crimes Copyright issues in Cyberspace Cyber Laws in India : A Critical Analysis of its Effectiveness Social Networking and Privacy Issues Privacy Law Jurisprudence and IT Act Data Protection Laws : An Analysis Patenting of Business Software Prevention of Cyberpornography and Legislative approach in India Cyber Stalking : A Socio Legal Study Human Right Issues in Cyberspace Role of Internet in the Growth of Economic Crimes : A Legal Analysis (A) Privacy and Data Protection in Cyberspace E - Payment and Legal Challenges Interface of Information Technology Law and Intellectual Property Laws Principles applicable to Online Contract Contemporary challenges in Cyberspace
4 Investment and Security Law Semester IX Introduction and objective of the course: Today, Investment and security Law forms the heart of commercial Law. The economic development of any country has become intricately connected to the events in the security market. Also, the phenomenon of inter connectedness of securities markets across the world and consequently, uniformity in regulation in these countries, has become a norm. The following syllabus seeks to equip students with basic understanding of role of securities, security market, their regulation and their relation and impact on investment. Syllabus 1. Historical Background of securities and investment laws 1.1. Securities: the concept 1.2. Historical evolution of securities, securities market and its regulation 1.3. India: from usury laws to the modern system 2. Securities: Kinds 2.1. Government Securities 2.2. Securities issued by banks 2.3. Securities issued by corporations 2.4. Securities in mutual fund and collective investment scheme 2.5. Depository receipts
5 3. Government Securities 3.1. Bonds issued by government and semi government institutions 3.2. Role of Central Bank (the RBI in India) 3.3. Impact of issuance of bonds on economy 3.4. Government loan from the general public 3.5. External borrowing World Bank I.M.F Asian Development Bank Direct loan from foreign government Government loan: the constitutional dilemma and limitations 3.7. Can a state go for external loans? 3.8. Impact on economic sovereignty 3.9. Dilution of power of the Central Bank (RBI) Treasury deposits 4. Securities Issued by Banks 4.1. Bank notes: is it the exclusive privilege of the Central Bank in the issue 4.2. Changing functions of banks from direct lending and borrowing to modern System 4.3. Bank draft, travellers' cheques, cheque cards, credit cards, cast cards 4.4. Deposits' nature: current, saving and fixed deposits, interest warrants
6 5. Corporate Securities 5.1. Shares 5.2. Debentures 5.3. Company deposits 5.4. Control over corporate securities Central government: Company Law Board SEBI: guide lines on capital issues RBI 5.5. Protection of investor Administrative regulation Disclosure regulation Protection by criminal sanction 6. Collective Investment 6.1. Unit Trust of India 6.2. Venture capital 6.3. Mutual fund 6.4. Control over issue and management of UTI, venture capital and mutual funds 6.5. Plantations and horti-culture farms General control Control by rating Regulation on rating.
7 7. Depositories 7.1. Denationalized securities 7.2. Recognition of securities 7.3. Types of depository receipts: IDR, ADR, GDR and Euro receipts 7.4. SEBI guideline on depositories 8. Investment in non-banking financial institutions 8.1. Control by usury laws 8.2. Control by RBI 8.3. Regulation on non-banking financial and non-financial companies Private-financial companies: registration and regulation Chit funds 9. Foreign Exchange Control Regime in India 9.1.Concept of foreign exchange regulation 9.2. Administration of exchange control Suggested Text Books Avdhani. V.A, Himalaya Publishing House, 2005, Investment and Securities Markets in India. Khan. M. Y, Tata McGraw Hill Publication, 2009, Financial Services.
8 K.P.M. Sundaram, P.N.Varshney, Sultan Chand & Sons, Banking theory, Law and Practice Dutta s banking law and Investments, Suggested References Ranald C Michie, Thr Global Securities Market, a History, (2006), Oxford University Press Inc., New York Loss Louis, Seligman Joel and Paredes Troy, Securities Regulation (2006), Aspen Publishers Farrar, John, H. and Hanniyan, Brenda, Farrr's Company Law, (1998) Butterworths, London Gupta, S.N., the Banking Law in Theory and Practice, (1999) Universal, New Delhi. Tannan, M.L., Tannan's Banking Law and Practice in India, (2000) India Law House, New Delhi Ramaiya, A., Guide to the Companies Act, (1998) Wadhwa and Co., New Delhi. Bhandari, M.C., Guide to Company Law Procedures, (1996) Wadhwa and Co., New Delhi. Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999) Butterworths, London. Purithavathy Pandian, Vikas Publishing House, Delhi. Security Analysis and Portfolio Management. Kucchal. S.C, Chaitanya publishing House,21 st ed. Corporate Finance. Shekhar. K.C. Shekar Lekshmy, Vikas Publishing House, 20 th ed, Banking theory and Practice. Dr. S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions. Mithani.D.M, Himalaya Publishing House, Money banking, International trade and Public Finance. Singh Preeti, Himalya Publishing House, Investment management.
9 G.Vijayragvan Iyenger, Excel books, New Delhi, Introduction to Banking. Bholey. L. M, Financial Institutions and Markets. Reading Material Compulsory: Tannan s Banking Law, visit website of NSE, BSE, SEBI and NCFM Modules. Reference: Reading material from The Economic Times, Business Line, capital markets magazines, moneycontrol.com, Investment strategies for institutional investors and policies for foreign investors. Project List Investment and Security Law IXth Semester Serial No. Roll No. Project name The Sub prime crisis in the US in 2008 and its impact Call Money markets Credit rating agencies and their regulation European sovereign debt crisis The Sahara India-Sebi dispute The Micro finance companies and their regulation Capital Bailouts and their impact A study of Participatory notes in governing the foreign investor in India
10 9 310 Commercial papers Merchant Bank: A critical analysis Indian Derivatives Market and its regulation Risk management Public issues by Insurance companies Anti Money laundering and combating financing of terrorism Repos as controlling factor in various issues and legal aspects Regulation of NBFCs Payment and settlement system FDI in Retail sector in India Corporate governance in financial sector Asian Development bank Interest rate structure and its genuineness in India Asset management companies Regulation of FII Insider Trading Commercial paper and certificate of Deposits Sovereign Debt Securities and Exchange Board of India (Substantial Acquisition of shares and takeovers) Regulations Securities and Exchange Board of India (Prohibition of Fraudulent and unfair trade practices relating to securities market) Regulations, 2003
11 Clearing corporations The Depositories Act Sovereign Wealth funds Dematerialisation Priority Sector Lending Investor protection Credit rating agencies and their role: a critical analysis NRI Investment in India Vodafone Investment in India and related issues Impact of Micro finance companies: a critical analysis Investment arbitration in India Credit facilities to minority communities Islamic Investment Banking FCCBs Employee Stock Option Scheme New Financial Instruments Sustainable development in Investment Law Delisting of securities Book building process Bombay Stock Exchange Euro Receipts Impact of borrowings from IMF Buy Back of Securities
12 Chit Funds Debenture Trustee Hedge Fund Impact of currency rate on investment Private equity Regulation of investment banks History of financial instruments Stock Market Impact of takeover regulation on corporate sector in India Forecasting and its impact on investment Index fund Ombudsman for security market (A) Justice Wadhwa committee report on reallocation of shares in the matter of IPO irregularities India EU BTIA negotiations Portfolio management Small Investors Securitisation
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