1.

Discuss the trends concepts of information technology in cyber space by highlighting

that cyber space is a metaphor
Cyberspace is "the total interconnectedness of human beings through computers and
telecommunication without regard to physical geography." Cyberspace is "a term coined by
science fiction author William Gibson to describe the whole range of information resources
available through computer networks." For our purposes, cyberspace is a realm in which
communication and interaction between two individuals or between an individual and a
computer is facilitated by digital data exchanged over computer networks. This interaction or
communication can be used for a host of different purposes.
METAPHOR
A figure of speech in which a word or phrase is applied to an object or action to which it is not
literally applicable. A thing regarded as representative or symbolic of something else.
Two general metaphors are often used to explain and define cyberspace. In the first, cyberspace
is viewed as a geographic "place" to which one can go. Much of the end-user terminology
relating to cyberspace is based on this metaphor. For example, one can "visit" a Web site and
"enter a chat room."
The second metaphor focuses on communication, viewing cyberspace as a conduit for
information. This view emphasizes the actual network technology rather than the community
aspects of cyberspace.
A critical problem in cyberspace is knowing with whom you are interacting. Currently, you cannot
determine accurately the identity of the person on the other side of an e-mail message or know
with certainty the source of any information in cyberspace.
Owing to the information technology (IT) revolution in recent years, information and
communication networks such as the Internet are becoming essential components across all
facets of peoples lives.
2. Define E-contract and explain the essentials of E-contract.
Electronic contracts (contracts that are not paper based but relatively in (electronic form) are
born out of the need for speed, ease and efficiency.
E-contract is any kind of contract formed in the course of e-commerce by the interaction of two
or more individuals using electronic means, such as e-mail, the interaction of an individual with
an electronic agent, such as a computer program, or the interaction of at least two electronic
agents that are programmed to recognize the existence of a contract.
The Uniform Computer Information Transactions Act provides rules regarding the formation,
governance, and basic terms of an e-contract. Traditional contract principles and remedies also
apply to e-contracts. This is also known as electronic contract.
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
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 sellers 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.
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
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 moon.
TYPES OF ELECTRONIC CONTRACTS
Software Development and Licensing Agreements
Employment Contracts
Consultant Agreements
Contractor Agreements
Sales, Re-Seller and Distributor Agreements
3. Explain the kinds of cyber crime ?
Any crime to which, a computer, and Internet or computer technology has been a part of, is
known as Cyber crime. This is a very broad definition of cyber crime.
Though the word Crime carries its general meaning as a legal wrong that can be followed by
criminal proceedings which may result into punishment whereas Cyber Crime may be
unlawful acts wherein the computer is either a tool or target or both.

Indian parliament passed its INFORMATION TECHNOLOGY ACT, 2000 on 17th oct to have its
exhaustive law to deal with the technology in the field of e-commerce, e-governance, e-banking
as well as penalties and punishments in the field of cyber crimes.
Cyber Crimes Actually Means: It could be hackers vandalizing your site, viewing confidential
information, stealing trade secrets or intellectual property with the use of internet. It can also

include denial of services and viruses attacks preventing regular traffic from reaching your site.
Cyber crimes are not limited to outsiders except in case of viruses and with respect to security
related cyber crimes that usually done by the employees of particular company who can easily
access the password and data storage of the company for their benefits. Cyber crimes also
includes criminal activities done with the use of computers which further perpetuates crimes i.e.
financial crimes, sale of illegal articles, pornography, online gambling, intellectual property
crime, e-mail, spoofing, forgery, cyber defamation, cyber stalking, unauthorized access to
Computer system, theft of information contained in the electronic form, e-mail bombing,
physically damaging the computer system etc.
Classifications Of Cyber Crimes: Cyber Crimes, which are growing day by day, it is very
difficult to find out what is actually a cyber crime and what is the conventional crime so to come
out of this confusion, cyber crimes can be classified under different categories which are as
follows:
1. Cyber Crimes against Persons:
There are certain offences which affects the personality of individuals can be defined as:
Harassment via E-Mails: It is very common type of harassment through sending letters,
attachments of files & folders i.e. via e-mails. At present harassment is common as usage of
social sites i.e. Facebook, Twitter etc. increasing day by day.
Cyber-Stalking: It means expressed or implied a physical threat that creates fear through the
use to computer technology such as internet, e-mail, phones, text messages, webcam, websites
or videos.
Dissemination of Obscene Material: It includes Indecent exposure/ Pornography (basically
child pornography), hosting of web site containing these prohibited materials. These obscene
matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their
mind.
Defamation: It is an act of imputing any person with intent to lower down the dignity of the
person by hacking his mail account and sending some mails with using vulgar language to
unknown persons mail account.
Hacking: It means unauthorized control/access over computer system and act of hacking
completely destroys the whole data as well as computer programmes. Hackers usually hacks
telecommunication and mobile network.
Cracking: It is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know
that a stranger has broken into your computer systems without your knowledge and consent and
has tampered with precious confidential data and information.
E-Mail Spoofing: A spoofed e-mail may be said to be one, which misrepresents its origin. It
shows its origin to be different from which actually it originates.
SMS Spoofing: Spoofing is a blocking through spam which means the unwanted uninvited
messages. Here a offender steals identity of another in the form of mobile phone number and
sending SMS via internet and receiver gets the SMS from the mobile phone number of the victim.
It is very serious cyber crime against any individual.
Carding: It means false ATM cards i.e. Debit and Credit cards used by criminals for their
monetary benefits through withdrawing money from the victims bank account mala-fidely. There
is always unauthorized use of ATM cards in this type of cyber crimes.
Cheating & Fraud: It means the person who is doing the act of cyber crime i.e. stealing
password and data storage has done it with having guilty mind which leads to fraud and
cheating.
Child Pornography: It involves the use of computer networks to create, distribute, or access
materials that sexually exploit underage children.
Assault by Threat: refers to threatening a person with fear for their lives or lives of their
families through the use of a computer network i.e. E-mail, videos or phones.
2. Crimes Against Persons Property:
As there is rapid growth in the international trade where businesses and consumers are
increasingly using computers to create, transmit and to store information in the electronic form
instead of traditional paper documents. There are certain offences which affects persons

property which are as follows:

Intellectual Property Crimes: Intellectual property consists of a bundle of rights. Any unlawful
act by which the owner is deprived completely or partially of his rights is an offence. The
common form of IPR violation may be said to be software piracy, infringement of copyright,
trademark, patents, designs and service mark violation, theft of computer source code, etc.
Cyber Squatting: It means where two persons claim for the same Domain Name either by
claiming that they had registered the name first on by right of using it before the other or using
something similar to that previously. For example two similar names i.e. www.yahoo.com and
www.yaahoo.com.
Cyber Vandalism: Vandalism means deliberately destroying or damaging property of another.
Thus cyber vandalism means destroying or damaging the data when a network service is
stopped or disrupted. It may include within its purview any kind of physical harm done to the
computer of any person. These acts may take the form of the theft of a computer, some part of a
computer or a peripheral attached to the computer.
Hacking Computer System: Hacktivism attacks those included Famous Twitter, blogging
platform by unauthorized access/control over the computer. Due to the hacking activity there will
be loss of data as well as computer. Also research especially indicates that those attacks were
not mainly intended for financial gain too and to diminish the reputation of particular person or
company.
Transmitting Virus: Viruses are programs that attach themselves to a computer or a file and
then circulate themselves to other files and to other computers on a network. They usually affect
the data on a computer, either by altering or deleting it. Worm attacks plays major role in
affecting the computerize system of the individuals.
Cyber Trespass: It means to access someones computer without the right authorization of the
owner and does not disturb, alter, misuse, or damage data or system by using wireless internet
connection.
Internet Time Thefts: Basically, Internet time theft comes under hacking. It is the use by an
unauthorised person, of the Internet hours paid for by another person. The person who gets
access to someone elses ISP user ID and password, either by hacking or by gaining access to it
by illegal means, uses it to access the Internet without the other persons knowledge. You can
identify time theft if your Internet time has to be recharged often, despite infrequent usage.
3. Cybercrimes Against Government:
There are certain offences done by group of persons intending to threaten the international
governments by using internet facilities. It includes:
Cyber Terrorism: Cyber terrorism is a major burning issue in the domestic as well as global
concern. The common form of these terrorist attacks on the Internet is by distributed denial of
service attacks, hate websites and hate e-mails, attacks on sensitive computer networks etc.
Cyber terrorism activities endanger the sovereignty and integrity of the nation.
Cyber Warfare: It refers to politically motivated hacking to conduct sabotage and espionage. It
is a form of information warfare sometimes seen as analogous to conventional warfare although
this analogy is controversial for both its accuracy and its political motivation.
Distribution of pirated software: It means distributing pirated software from one computer to
another intending to destroy the data and official records of the government.
Possession of Unauthorized Information: It is very easy to access any information by the
terrorists with the aid of internet and to possess that information for political, religious, social,
ideological objectives.
4. Cybercrimes Against Society at large:
An unlawful act done with the intention of causing harm to the cyberspace will affect large number
of persons. These offences includes:
Child Pornography: It involves the use of computer networks to create, distribute, or access
materials that sexually exploit underage children. It also includes activities concerning indecent
exposure and obscenity.
Cyber Trafficking: It may be trafficking in drugs, human beings, arms weapons etc. which
affects large number of persons. Trafficking in the cyberspace is also a gravest crime.

Online Gambling: Online fraud and cheating is one of the most lucrative businesses that are
growing today in the cyber space. There are many cases that have come to light are those
pertaining to credit card crimes, contractual crimes, offering jobs, etc.
Financial Crimes: This type of offence is common as there is rapid growth in the users of
networking sites and phone networking where culprit will try to attack by sending bogus mails or
messages through internet. Ex: Using credit cards by obtaining password illegally.
Forgery: It means to deceive large number of persons by sending threatening mails as online
business transactions are becoming the habitual need of todays life style.
4. Explain IPR in cyber crimes ?
The things created and invented by the human mind were recognized as an intellectual property
of the owner .The owner's right over these properties was accepted and is known as an
Intellectual Property Right (commonly called I.P.R.). A new set of laws called Intellectual Property
Right Laws, were enacted to protect these property right

Intellectual Property is a broad category of law concerning the rights of the owners of intangible
products of invention or creativity. For example, IP law grants exclusive rights to certain owners
of artistic works, technological inventions, and symbols or designs. Subcategories of IP law
include patent, copyright, trademark, and trade secrets. IP lawyers work in litigation, licensing,
technology transfer, venture capital, IP asset management, and trademark and patent
prosecution.
Intellectual property rights are the legal rights that cover the privileges given to individuals who
are the owners and inventors of a work, and have created something with their intellectual
creativity. Individuals related to areas such as literature, music, invention, etc., can be granted
such rights, which can then be used in the business practices by them.
The creator/inventor gets exclusive rights against any misuse or use of work without his/her prior
information. However, the rights are granted for a limited period of time to maintain equilibrium.
The following list of activities which are covered by the intellectual property rights are laid down
by the World Intellectual Property Organization (WIPO)
Industrial designs
Scientific discoveries
Protection against unfair competition
Literary, artistic, and scientific works
Inventions in all fields of human endeavor
Performances of performing artists, phonograms, and broadcasts
Trademarks, service marks, commercial names, and designations
All other rights resulting from intellectual activity in the industrial, scientific, literary, or artistic
fields
Types of Intellectual Property Rights
Intellectual Property Rights can be further classified into the following categories
Copyright
Patent
Patent
Trade Secrets, etc.
Intellectual Property in Cyber Space
To safeguard the business interest, it is vital to create an effective property management and
protection mechanism keeping in mind the considerable amount of business and commerce
taking place in the Cyber Space.
It is the duty of the intellectual property right (IPR) owner to invalidate and reduce such mala
fide acts of criminals by taking proactive measures. To design and implement a secure
cyberspace, some stringent strategies have been put in place.
the major strategies employed to ensure cybersecurity, which include the following
Creating a Secure Cyber Ecosystem

Creating an Assurance Framework

Encouraging Open Standards
Strengthening the Regulatory Framework
Creating Mechanisms for IT Security
Securing E-governance Services
Protecting Critical Information Infrastructure
5. Explain software piracy with relevant case laws ?
Software Piracy' is the unauthorized/illegal copying, distribution or use of a software. It may
include use of a software unauthorizedly without obtaining a proper licence from the software
company or simultaneous use of single user licence or loading software on more machines, than
authorized under the licence terms. In India, provisions as to Software Piracy are covered under
Indian Copyright Act 1957, which were inserted by the Amendment Act of 1994. It now includes
definition of a 'Computer Program' and defines an infringing copy as which is used without the
license and/or permission granted by the owner of copyright. And further provides penal
provision under Section 63B of the Act, which is titled as: ?Knowing use of infringing copy of
computer programme to be an offence? and section reads as follows:
?Section 63B: Knowing use of infringing copy of computer programme to be an offence: Any
person who knowingly makes use on a computer of an infringing copy of a computer programme
shall be punishable with imprisonment for a term which shall not be less than seven days but
which may extend to three years and with fine which shall not be less than fifty thousand rupees
but which may extend to two lakh rupees:
In the famous judgment of Time Incorporated v. Lokesh Srivastava, 2005 (30) PTC 3 (Del),
the court said: "This Court has no hesitation in saying that the time has come when the Courts
dealing with actions for infringement of trademark, copyrights, patents etc., should not only
grant compensatory damages but award punitive damages also with a view to discourage and
dishearten law breakers who indulge in violations with impunity out of lust for money so that
they realize that in case they are caught, they would be liable not only to reimburse the
aggrieved party but would be liable to pay punitive damages also, which may spell financial
disaster for them." Though otherwise, the most active company in terms of taking strict action
against Software Piracy in India is Microsoft, they have been regularly following up with
companies for over a decade now. And Indian Courts, specially Delhi High Court have given a
well recognition to their rights by ordering for punitive damages from Rs 5 lakhs for an individual
user to Rs 20 Lakhs for sale of counterfeit products by an unauthorized vendor.

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.
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
agreement when you open the software package (this is called a shrink wrap license), when you
open the envelope that contains the software disks, or when you install the software.
Software piracy applies mainly to full-function commercial software.
Types of software piracy include:
Softlifting: Borrowing and installing a copy of a software application from a colleague.
Client-server overuse: Installing more copies of the software than you have licenses for.
Hard-disk loading: Installing and selling unauthorized copies of software on refurbished or new
computers.
Counterfeiting: Duplicating and selling copyrighted programs.
Online piracy: Typically involves downloading illegal software from peer-to-peer network,

Internet auction or blog. (In the past, the only place to download software was from a bulletin
board system and these were limited to local areas because of long distance charges while
online.)
software piracy is considered stealing. It is the same as shoplifting or burglary. The software user
also runs a higher risk of viruses and fatal system crashes because of corrupted diskettes or
defective software. Consumers also lose because they don't enjoy the full benefits of technical
support, warranty protection, or product upgrade information.
When installing software via Internet or CD-ROM, users agree to a licensure agreement before
they are able to test out the software. If this agreement is broken or violated, then the user is
guilty of software piracy. The software licensure agreement is a contract between the software
user and the software developer. Usually, this agreement has certain terms and conditions the
software user must follow. When the user doesn't follow the rules and regulations, they are guilty
of software piracy. Some of these terms and conditions prohibit:
1. Using multiple copies of a single software package on several computers
2. Passing out copies of software to others without the proper documentation (Not having a
multiple site license for more than one computer)
3. Downloading or uploading pieces of software via bulletin boards for others to copy
4. Downloading and installing shareware without pay- ing for it
Unless otherwise stated, most software licensure agreements allow you to place one copy on a
single computer and make a second copy for backup purposes. Software piracy comes in many
different forms. The three most common type are End- User Piracy, Internet Piracy and Reseller
Piracy.