By-Karnika Seth, cyberlaw expert & practicing Advocate, Supreme Court of India copyright reserved by author (Feb 2013) Introduction The growth of Information Technology has led to proliferation of e-businesses due to its cost effectiveness, accessibility, convenience and vast user base. The global nature of internet has provided immense visibility to start up enterprises and medium […]
IT Act 2000 v/s 2008- Implementation, Challenges & the Role of Adjudicating Officers
IT Act 2000 vs 2008- Implementation, Challenges, and the Role of Adjudicating Officers By- Karnika Seth* In the year 2000, India enacted its first law on Information Technology namely, the Information Technology Act,2000. The IT Act,2000 is based on the Model law of E-commerce adopted by UNCITRAL in 1996. The preamble to the IT Act, […]
Protecting Intellectual Property in Cyber Space
Protecting Intellectual Rights and the Cyber Space* By – Karnika Seth, Cyberlawyer & Managing Partner, Seth Associates With the unprecedented advent of Computers and the Internet and growing popularity of E-commerce, the Intellectual property rights have gained tremendous significance. However, there is a downside to this trend of increased dependence upon Internet and Information and […]
Evolving Strategies for the Enforcement of Cyberlaws
EVOLVING STRATEGIES FOR THE ENFORCEMENT OF CYBERLAWS By- Karnika Seth* The Information Technology age has led to the emergence of a dynamic and highly specialized field of law, namely ‘Cyber laws’. The unique features of the internet, particularly, its borderless expanse, rapid technological advancements, anonymity, speed of communication & data transfer have posed multiple challenges […]
TYPES OF CYBERCRIMES
By-Karnika Seth, Cyberlaw expert Cyber crimes denotes a term indicative of criminal activities in which a computer or computer network is either the instrumentality for its commission or its target .Computer is a target of cyber crime in common data theft case, unauthorized access which may be physical as well as virtual with the aim […]
COMPUTER FRAUDS IN CYBERSPACE
By- Karnika Seth, Cyberlaw expert A study of computer fraud reported in USA in 2001, IFCC Internet Fraud Report prepared by National White Caller Crime Centre and Federal Bureau of Investigations shows that internet auction fraud was the most reported offence, comprising 42.8% of referred complaints. Non-deliverable merchandise and payments account for 20.3% of complaints. […]
CYBERCRIMES DEFINED UNDER THE INDIAN IT ACT,2000
(Position before IT Amendment Bill 2008 was passed) By- Karnika Seth, Cyberlaw expert According to Section 65 of the Indian IT Act, a person who intentionally conceals or destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or […]
DOMAIN NAMES
By Karnika Seth, Cyberlaw expert & Chairperson, Lex Cyberia This article is a basic guide to understanding the concept of domain names on the internet and briefly discusses the Domain Name dispute Resolution policy and the famous Tata case, one of the first domain name disputes in the Indian context . What is an IP […]
ELECTRONIC GOVERNANCE UNDER INFORMATION TECHNOLOGY ACT,2000
By- Karnika Seth, Cyberlaw expert Section 4 of the Indian IT Act, 2000 confers legal recognition to electronic records .Paper based documents are equated with electronic records so long as they are made available in electronic form and are accessible so as to be usable for a subsequent reference. Section 5 confers legal recognition to […]
EVIDENTIARY VALUE OF SMS, MMS AND E-MAIL
* Karnika Seth, Managing partner , Seth Associates & Mr. H.M Mukherjee, Associate ,Seth Associates The era of Information technology has brought new methods and modes of commission of crime. Each time a crime is committed whether in physical form or in cyber space, the success of prosecution largely depends on the quality of evidence […]