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Cyber Crime and Laws

Prepared by : Gaurav Singhal


Lecturer, Govt. Engineering College, Bilaspur
E-mail : gauravsinghalit@gmail.com

Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Content

What is Cyber Law?


Need for Cyber Law
Emergence of Cyber Space
Cyber Jurisprudence
Consensual knowledge - Jurisdictional Paradigm

s:
Cyber Space Doctrinaire
Cyber Ethics
Cyber Jurisdiction
Hierarchy of Courts
Web Space
Web Development Agreement
Domain Names
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering
College, Bilaspur

What is Cyber Law?


Cyber Law is the law governing cyber space. Cyber

space is a very wide term and includes computers,


networks, software, data storage devices (such as
hard disks, USB disks etc), the Internet, websites,
emails and even electronic devices such as cell
phones, ATM machines etc.
Law encompasses the rules of conduct:
1. that have been approved by the government,
and
2. which are in force over a certain territory, and
3. which must be obeyed by all persons on that
territory.
Violation of these rules could lead to government
action such as imprisonment or fine or an order to
pay compensation.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Cyber law encompasses laws relating to:


1. Cyber Crimes
2. Electronic and Digital Signatures
3. Intellectual Property
4. Data Protection and Privacy.
Cyber crimes are unlawful acts where

the computer is used either as a tool or a


target or both. The enormous growth in
electronic commerce
(ecommerce) and online share trading has
led to a phenomenal spurt in incidents of
cyber crime.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Need for Cyber Law


There are various reasons why it is extremely

difficult for conventional law to cope with


cyberspace. Some of these are discussed below.
1.Cyberspace is an intangible dimension that
is impossible to govern and regulate using
conventional law.
2. Cyberspace has complete disrespect for
jurisdictional boundaries. A person in
India could break into a banks electronic
vault hosted on a computer in USA and transfer
millions of Rupees to another bank in
Switzerland, all within minutes. All he would
need is a laptop computer and a cell phone.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

3. Cyberspace handles gigantic traffic volumes every


second. Billions of emails are crisscrossing the globe
even as we read this, millions of websites are being
accessed every minute and billions of dollars are
electronically transferred around the world by banks
every day.
4. Cyberspace is absolutely open to participation by
all.
5. Cyberspace offers enormous potential for
anonymity to its members. Readily available
encryption software and steganographic tools that
seamlessly hide information within image and sound
files ensure the confidentiality of information exchanged
between cyber-citizens.
6. Cyberspace offers never-seen-before economic
efficiency. Billions of dollars worth of software can be
traded over the Internet without the need for any
government licenses, shipping and handling charges
and without paying any customs duty.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

7. Electronic information has become the main object


of cyber crime. It is characterized by extreme
mobility, which exceeds by far the mobility of
persons, goods or other services. International
computer networks can transfer huge amounts of
data around the globe in a matter of seconds.
8. A software source code worth crores of rupees or a
movie can be pirated across the globe within
hours of their release.
9. Theft of corporeal information (e.g. books,
papers, CD ROMs, floppy disks) is easily covered
by traditional penal provisions. However, the
problem begins when electronic records are copied
quickly, inconspicuously and often via
telecommunication facilities. Here the original
information, so to say, remains in the possession
of the owner and yet information gets stolen.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Emergence of Cyber Space


Cyberspace is the electronic medium of computer networks, in

which online communication takes place.


"I'm just going onto the Internet' or 'I need to get onto the
Internet' are phrases often heard these days. When people utter
these phrases where do they think they are going or what do they
think they are getting into. Perhaps alternatively we should be
asking ourselves 'what are they escaping from'? When people are
absorb in browsing the World Wide Web perhaps we should
enquire as to where they think they are. When I recently asked
such a question of a twelve-year boy, who was totally absorbed in
landing a Boeing 737 on his PC using a popular flight simulation
game, his reply was simple, 'in an aeroplane approaching Gatwick
airport'. To him the game had its own a reality and he was part of
that reality. His whole physical demeanour showed signs of
concentration, anxiety and fear. When he successfully landed this
turned to relief and exhilaration. He explained later that he flew
with other pilots at special sites on the Internet where major
airports had been replicated virtually, complete with weather
conditions, air traffic control and other piloted aircraft. I asked him
where he thought this place was; his reply was "in Cyberspace".
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

The term 'Cyberspace' originated in science fiction to

designate an immersive electronic space. William Gibson,


the author who coined the term, never claimed to have
invented Cyberspace or even to know much about
computers. His first book, Neuromancer, one of the most
influential science fiction novels of the 1980's, was written
on an old portable typewriter. However, through his
potent imagination and highly poetic writing, Gibson
manages to convey vividly the texture of virtual reality
years before it happened. More than that, he created a
myth for Cyberspace: the myth of the mean-streets
cowboy who hustles and rustles data from under the
noses of the corporations who own us. In the fifteen years
since Gibson wrote his book we have seen the arrival of
the Internet and World Wide Web into offices and peoples
home and the maturing of the information society.
The idea of Cyberspace encompasses more than just the
Internet and WWW we know today. It touches on how
people will construct new topologies of space for
themselves and others, how they will use the new
information technologies, and most importantly how they
themselves will relate to it. So understanding the formal
properties of Cyberspace is critical for understanding the
underlying principles of tomorrow's society.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Many people mistake the Internet for Cyberspace,

whereas it is simply a network linking computers


together. Cyberspace is actually that notional 'space'
where transactions on the Internet take place. A
telephone call can be thought of as simply a virtual
meeting in Cyberspace. Likewise, virtual reality
environments are commonly considered as
Cyberspace. But Cyberspace is composed of far more
than the much-hyped Internet or new virtual worlds. It
is the total communications space that saturates our
lives. It all adds up to an existential sprawl so vast and
ubiquitous as to seem unmistakably 'real'. Cyberspace
is the information space of modern society. It pulses
with blasts from the sophisticated production studios,
satellite uplinks, digital delivery systems, and receivers
of the global media. It is the society of the spectacular.
The irony, of course, is that the more 'wired' we
become as a society, the more dependent we grow on
the mediating technology. Despite the steady
hyperbole about how networked virtual worlds will
render the mental landscape of our electronic culture
uniquely visible, the essential point about the Internet
is precisely its growing invisibility.

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

But its roots go deeper. Cyberspace refers to the emulation of

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physical space in electronic environments. As the Internet


continues to grow, electronically mediated environments will
expand and 'physical place' will become less important.
Mathematicians use the term 'space' to describe complex
systems. In very complex systems, spaces acquire their own
unique dynamics, as they require extremely high dimensions to
be described. Many complexity theorists describe Cyberspace
as an emergent phenomenon whose properties transcend the
sum of its component parts. Cyberspace is therefore a place
outside physical space.
So Cyberspace allows us to conceptualise and visualise things
in new ways, without the constraints of the physical world. The
Internet has fostered new ways of structuring organisations and
bringing people together. For many individuals, from
communication engineers to software designers, artists and
psychologists, this new electronic environment represents a
cultural phenomenon as well as a technical one, and is fast
become a convergence point for many disciplines. In
Cyberspace new structures and methodologies are conceived of
in more flexible, tactile ways that allow people to reconfigure
relationships easily.

Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Cyber Jurisprudence
Jurisprudence of Cyber Law
Jurisprudence studies the concepts of law

and the effect of social norms and


regulations on the development of law.
Jurisprudence refers to two different things.

1. The philosophy of law, or legal theory


2. Case Law
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Legal theory does not study the characteristics

of law in a particular country (e.g. India or


Canada) but studies law in general i.e. those
attributes common to all legal systems.
Legal theory studies questions such as:
1. What is law and legal system?
2. What is the relationship between law and power?
3. What is the relationship between law and justice or
morality?
4. Does every society have a legal system?
5. How should we understand concepts like legal rights
and legal obligations or duties?
6. What is the proper function of law?
7. What sort of acts should be subject to punishment, and
what sort of punishments should be permitted?
8. What is justice?
9. What rights do we have?
10. Is there a duty to obey the law?
11. What value does the rule of law have?
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Case law is the law that is

established through the


decisions of the courts and
other officials.
Case law assumes even greater
significance when the wordings of
a particular law are ambiguous.
The interpretation of the Courts
helps clarify the real objectives
and meaning of such laws.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Consensual knowledge Jurisdictional Paradigms:


The questions relating to jurisdiction in cyber space are complex

because the question how law should view the cyber space,
should the cyber space be taken as a place, a means of
communication or a technological state of mind, is itself
debatable, in either case the reach of the space cannot be
measured in terms of length and breadth.
To put the questions of cyber jurisdiction more simply, let us
assume that Mr. X who resides in India, has purchased an online
book offered by Mr. Y residing in USA. How this transaction should
be viewed shall we consider the issue as if Mr. X went to USA or
shall we treat it as if Mr. Y has come to India? What is the case if
Mr. X downloads the entire book through net? Would this make
any difference with the previous issue etc appears to be mere
technical issues of jurisdiction but these questions have some
substantial jurisprudential significance, the quest to resolve
would lead to the crystallization of cyber space.
Traditionally the questions of jurisdiction are resolved under the
assumption that the mountains and trees will not change their
place, but in cyber space there are neither mountains nor trees.
Every thing in cyber space is variable and nothing is constant.

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Cyber Space Doctrinaire


Doctrines form part of jurisprudential study of any subject. There is a dire need for the

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growth of doctrines in cyber law. Doctrines originate from the judicial pronouncements.
Legislation cannot create doctrine it can hardly recognize them. in development of
doctrines judicial pronouncements would do a lot. Doctrines are like formulae in pure
sciences, like (a + b) 2 = a2+2ab+b2. Similarly in case of Chemistry
H2+O H2O. For bringing out this mathematical and chemical formulae Scientists might
have made innumerable number of attempts on different combinations but once they are
evolved, the requirement for repeating all those combinations is not needed. For instance,
to know end result of the product of the sum of two variables, we simply substitute the
variables in the formula and resolve the problem which eventually reduces the labour and
consumption of time. Similarly, to apply a legal doctrine to a given instance would be like
substitution of facts into doctrine. For example: let us examine the following different
instances:
Mr. A, while driving his car at 90 km.p.h knocked down B a pedestrian, B filed a case in
Delhi High Court for compensation court gave its judgment in favor of B asking A to pay
50,000 Rs/- as compensation.
Mr. X, while driving his scooter at 60 km.p.h. knocked down Y a pedestrian, Y went
against X to the Calcutta High Court seeking compensation, court in this case resolved in
favor of Y and asked X to pay compensation of worth Rs. 15,000/.
Mr. S, while towing his moped at 5 km.p.h. knocked down L, L went against S to the
High Court of Punjab seeking compensation, court ruled in favor of L and awarded him
compensation of worth 1,00,000 Rs/.
If we analyze the given situations, all the cases are decided by different courts in different
times by different judges, against different parties, different circumstances and different
amounts of compensations, but still a common philosophy can be expounded, that is " the
quantum compensation in motor vehicle accidents should be evaluated from point of the
medical expenses and financial loss sustained, irrespective of gigantic structure of the
vehicle which caused injuries, negligence of the driver and the speed of the vehicle at the
time of meeting with accident". In all these cases the arguments about the hugeness of the
vehicle, speed of the vehicle might have come but still the criterion adopted is financial loss
and physical damage.

Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Cyber Ethics
Cyber ethics refers to the code of responsible behavior on the Internet.

Just as we are taught to act responsibly in everyday life, with lessons


such as Dont take what doesnt belong to you, and Do not harm
others, -- we must act responsibly in the cyber world as well.
Cyber ethics is the study of ethics pertaining to computer networks,
encompassing user behavior and what networked computers are
programmed to do, and how this affects individuals and society.
Examples of cyberethical questions include "Is it OK to display personal
information about others on the Internet (such as their online status or
their present location via GPS)? "Should users be protected from false
information?" "Who owns digital data (such as music, movies, books, web
pages, etc.) and what should users be allowed to do with it?" "How much
access should there be to gambling and porn online?" "Is access to the
Internet a basic right that everyone should have?"
What are Responsible Behaviours on the Internet?
Responsible behaviour on the Internet in many ways aligns with
acceptable behaviour in everyday life, but the consequences can be
significantly different. For example, verbal gossiping is generally limited
to the immediate audience (those within earshot) and may well be
forgotten the next day. However, gossiping on the Internet can reach a
far wider audience. The words are not forgotten the next day, but may
live on the Internet for days, months or years and cause tremendous
harm.

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Some people try to hide behind a false sense of anonymity on

the Internet, believing that it does not matter if they behave


badly online because no one knows who they are or how to
identify them. That is not always true. Computers, browsers,
and Internet service providers may keep logs of their activities
which can be used to identify illegal or inappropriate behavior.
The basic rule is do not do something in cyber space that you
would consider wrong or illegal in everyday life.
When determining responsible behaviours, consider the
following:
Do not use rude or offensive language.
Dont be a bully on the Internet. Do not call people names,
lie about them, send embarrassing pictures of them, or do
anything else to try to hurt them.
Do not copy information from the Internet and claim it as
yours. That is called plagiarism.
Adhere to copyright restrictions when downloading material
including software, games, movies, or music from the
Internet.
Do not break into someone elses computer.
Do not use someone elses password.
Do not attempt to infect or in any way try to make someone
elses computer unusable.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Cyber Ethics
1 Privacy

1.1 Private Data Collection

2 Property

2.1 Intellectual Property Rights


2.2 Digital Rights Management (DRM)

3 Security
4 Accuracy
5 Accessibility, Censorship and Filtering
5.1
5.2
5.3
5.4

Freedom of Information
Digital Divide
Sexuality and Pornography
Gambling

6 Organizations Related to Cyberethics


7 Codes of Ethics in Computing
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Cyber Jurisdiction
Jurisdiction, of course, defines three kinds of power: the power

to prescribe, the power to adjudicate, and the power to


enforce. The first of these relates principally to the power of a
government to establish and prescribe criminal and regulatory
sanctions;9 the second, to the power of the courts to hear
disputes, especially civil disputes; and the third, to the power of
a government to compel compliance or to punish
noncompliance with its laws, regulations, orders, and
judgments.
The internet may be seen as multijurisdictional because of the
ease which a user may access a website anywhere in the world.
It may even be viewed as a jurisdictional in the sense that from
the users perspective state and national border are essentially
transparent. The developing law of jurisdiction must address
whether a particular event in cyber space is controlled by the
laws of the state or country where the website is located, by the
laws of the state or country where the internet service provider
is located by the laws of the state or country where the user is
located, or perhaps by all of these laws. Commentators have
voiced the notion that cyber space must be treated as a
separate jurisdiction. In practice, this view has not been
supported by the courts or addressed by law makers.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

The two main areas of cyber law requiring further

clarification are cyber crime and jurisdiction. For


instance in cyber laws there are only a limited
number of cases on point and no major statutory
scheme on the books. In cyber jurisdiction, the
courts must address the question of which law
makers has jurisdiction over actions taking place on
the internet. In the few cases the courts have
adjudicated they have applied long term statutes
and personal jurisdiction principles in making
decisions.
In order for a national court to adjudicate criminal
and regulatory sanctions internationally, there must
be some connection, or nexus, between the
regulating nation (the forum) and the crime or
criminal.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Four nexuses have been invoked by courts to justify their

exercise of jurisdiction.
1. The territoriality nexus holds that the place where an
offense is committed-in whole or in part-determines
jurisdiction.
2. The nationality nexus looks to the nationality or national
character of the person committing the offense to
establish jurisdiction.
3. The protective nexus provides for jurisdiction when a
national or international interest of the forum is injured by
the offender.
4. The universality nexus holds that a court has jurisdiction
over certain offenses that are recognized by the
community of nations as being of universal concern,
including piracy, the slave trade, attacks on or the
hijacking of aircraft, genocide, war crimes, and crimes
against humanity.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

It is not enough that these nexuses exist;

the connection between the forum and the


person or activity also must be
reasonable.
In India, The Information Technology (IT) Act
2000 has been passed to deal with cyber
crimes and there are specific forums in the
Act which have the sole jurisdiction to deal
with the cyber crimes mentioned in the Act.
1.Adjudicating Officers Appointed by
Controller
2.Cyber Rgulations Appeltes Tribunal
3.Appeal to High Court
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Hierarchy of Courts

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Web Space
Web space is the Internet space that you need to create a

website. If you want to create a website, first you need to


register with a Web host to get your Web space. Some
Web space is free, some Web space you have to pay for , but if
you pay you get more Web space and more features.
Also Known As: web hosting, website hosting, web page
hosting
Web Space
The web space, also known as storage space or disk space,
generally refers to the amount of space on a web server that is
allocated to website owners by the web hosting companies. It is
made up of the total quantity of all text files, images, scripts,
databases, emails and other files related to your website .

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Web Development Agreement


Web development is a broad term for the work involved in

developing a web site for the Internet (World Wide Web) or an


intranet (a private network). This can include web design,
web content development, client liaison, client-side/server-side
scripting, web server and network security configuration, and
e-commerce development. However, among web professionals,
"web development" usually refers to the main non-design aspects
of building web sites: writing markup and coding. Web development
can range from developing the simplest static single page of
plain text to the most complex web-based internet applications,
electronic businesses, or social network services.
AGREEMENT
A negotiated and usually legally enforceable understanding
between two or more legally competent parties.
Although a binding contract can (and often does) result from an
agreement, an agreement typically documents the give-and-take of
a negotiated settlement and a contract specifies the minimum
acceptable standard of performance.

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

THIS WEBSITE DEVELOPMENT AND HOSTING


AGREEMENT
(the Agreement) is made as of
_________, 2012____, by and between ________________ a
___________ corporation (Provider), and _______________,
a __________________ (Customer).
1. DEFINITIONS.
1.1 Content
1.2 Design Fee
1.3 Domain Name
1.4 Intellectual Property Rights
1.5 Milestone Delivery Schedule
1.6 Provider Tools
1.7 Specifications
1.8 User Content
1.9 Website
1.10 Work Product
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

2.WEBSITE DEVELOPMENT.
3.MODIFICATIONS.
4.WEB HOSTING.
5.PAYMENTS.
6.TERM AND TERMINATION.
7.PROVIDER WARRANTIES.
8.CUSTOMER COVENANTS.
9.DISCLAIMER
10. OWNERSHIP.
11. INDEMNITY.
12. CONFIDENTIAL INFORMATION.
13. LIMITATIONS ON LIABILITY.
14. GENERAL PROVISIONS.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Domain Names

What is the significance of a domain name?

Webpages can be opened through numerical IP Addresses


that are computer-readable. Domain names can be easily
remembered that's why it's important to own one.
A domain name is an identification string that defines a
realm of administrative autonomy, authority, or control in
the Internet. Domain names are formed by the rules and
procedures of the Domain Name System (DNS).
Domain names are used in various networking contexts
and application-specific naming and addressing purposes.
In general, a domain name represents an
Internet Protocol (IP) resource, such as a personal
computer used to access the Internet, a server computer
hosting a web site, or the web site itself or any other
service communicated via the Internet.

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Domain names are organized in subordinate levels

(subdomains) of the DNS root domain, which is


nameless. The first-level set of domain names are
the top-level domains (TLDs), including the generic
top-level domains (gTLDs), such as the prominent
domains com, net and org, and the country code
top-level domains (ccTLDs). Below these top-level
domains in the DNS hierarchy are the second-level
and third-level domain names that are typically
open for reservation by end-users that wish to
connect local area networks to the Internet, create
other publicly accessible Internet resources or run
web sites. The registration of these domain names
is usually administered by domain name registrars
who sell their services to the public.

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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Importance Of A Domain Name


On the World Wide Web your domain name is your own unique

identity. No two parties can ever hold the same domain name
simultaneously; therefore your Internet identity is totally unique. If
you have a business site on the Internet your domain name is your
own online brand and in a sense you can use your domain name as
your online business card. With your own domain name your web
site, and e-mail addresses for example will have that professional
look, being unique to your business. Many people often miss the
importance of having and then keeping their domain name until they
lose it. Once this happens they soon realize that they have lost their
whole online identity. How does a domain name work?
To understand why you need a domain name you first need to

know how a domain name works.


A domain name is an addressing construct, used for finding and

identifying computers on the Internet. Computers use Internet


Protocol (IP) Addresses, which are a series of numbers used to
identify each other on the Internet; however, many people find it
hard to remember IP Addresses. Because of this, domain names were
developed so that easily remembered names and phrases could be
used to identify entities in the Internet instead of using an IP Address.
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur

Reference:
Internet
Wikipedia
Google
Webopedia

Thank You
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Cyber Crime and Laws, Prepared by Gaurav Singhal, Lecturer Govt. Engineering College,
Bilaspur