Q.1. What is the introductory background for Cyberlaws ?

Since the beginning of civilization, man has always been motivated by the need to make progress
and better the existing technologies. This has led to tremendous development and progress which
has been a launching pad for further development. Of all the significant advances made by
mankind from the beginning till date, probably the important of them is the development of
Internet. To put in a common man’s language,
Internet is a global network of computers, all of them
speaking the same language. In 1969, America's
Department of Defense commissioned the construction of a Super network called ARPANET.
The Advanced Research Projects Agency Network (ARPANET), basically intended as a military
network of 40 computers connected by a web of links & lines. This network slowly grew and the
Internet was born. By 1981, over 200 computers were connected from all around the world. Now
the figure runs into millions.

The real power of today's Internet is that it is available to anyone with a computer and a
telephone line. Internet places at an individual's hands the immense and invaluable power of
information and communication.

Internet usage has significantly increased over the past few years. The number of data packets
which flowed through the Internet have increased dramatically. According to International Data
Corporation ("IDC"), approximately 163 million individuals or entities will use the Internet by
the end of this year as opposed to 16.1 million in 1995. If left to its own measure, it is highly
unlikely that such a trend can reverse itself. Given this present state of the Internet, the necessity
of Cyberlaws becomes all the more important.

Q.2. Why is there a need for Cyberlaw ?

When Internet was developed, the founding fathers of Internet hardly had any inclination that
Internet could transform itself into an all pervading revolution which could be misused for
criminal activities and which required regulation. Today, there are many disturbing things
happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage
into a variety of criminal activities with impunity and people with intelligence, have been grossly
misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the
need for Cyberlaws.

Q.3. What is Cyberlaw ?

Internet is believed to be full of anarchy and a system of law and regulation therein seems
contradictory. However, cyberspace is being governed by a system of law and regulation called
Cyberlaw. There is no one exhaustive definition of the term “Cyberlaw”. Simply speaking,
Cyberlaw is a generic term which refers to all the legal and regulatory aspects of Internet and the
World Wide Web. Anything concerned with or related to or emanating from any legal aspects or
issues concerning any activity of netizens and others, in Cyberspace comes within the ambit of
Cyberlaw. The growth of Electronic Commerce has propelled the need for vibrant and effective
regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the
success of Electronic Commerce. All these regulatory mechanisms and legal infrastructures
come within the domain of Cyberlaw.

Q.4. What is the importance of Cyberlaw ?

Cyberlaw is important because it touches almost all aspects of transactions and activities on and
concerning the Internet, the World Wide Web and Cyberspace. Initially it may seem that
Cyberlaws is a very technical field and that it does not have any bearing to most activities in
Cyberspace. But the actual truth is that nothing could be further than the truth. Whether we
realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal
perspectives.

Q.5. Does Cyberlaw concern me ?

Yes, Cyberlaw does concern me. As the nature of Internet is changing and this new medium is
being seen as the ultimate medium ever evolved in human history, every activity of yours in
Cyberspace can and will have a Cyberlegal perspective. From the time you register your Domain
Name, to the time you set up your web site, to the time you promote your website, to the time
you conduct electronic commerce transactions on the said site, at every point of time, there are
various Cyberlaw issues involved. You may not be bothered about these issues today because
you may feel that they are very distant from you and that they do not have an impact on your
Cyber activities. But sooner or later, you will have to tighten your belts and take note of
Cyberlaw for your own benefit.

For example, you may knowingly or unknowingly book a Domain Name, say www.xyx.com
which may be the trade mark of any other company, person or legal entity in any part of the
world, say B. Domain Names are given to you on first come first served basis. But you may be
involved by the other party being B in a Cyber legal dispute which may allege that you are
deliberately involved in the practice of Cyber squatting (the practice of knowingly registering the
trade mark of any legal entity, company or person with the intention of holding on to it and
thereafter selling the same to the said legal entity, company or person at a handsome premium).
You may also be involved in Cyber litigation as the concerned party, B, may approach the World
Intellectual Property Organisation (WIPO) for adjudicating the matter and WIPO by a summary
procedure may direct you to relinquish and release the said Domain Name to B, the concerned
party. Needless to say, it shall be incumbent on the concerned party, B, to produce all
documentary and other evidence to substantiate its claim to the concerned Domain Name. This is
just one of the many examples that show the importance of Cyberlaw for you.

Q.6. What is the general awareness about Cyberlaw today ?

Today, the awareness about Cyberlaw is beginning to grow. Many technical experts in the
beginning felt that legal regulation of Internet is not necessary. But with the rapid growth of
technologies and Internet, it is crystal clear that no activity on Internet can remain free from the
influence of Cyberlaw. Publishing a Web page is an excellent way for any commercial business
or entity to vastly increase its exposure to millions of persons, organisations and governments
world-wide. It is that feature of the Internet which is causing much controversy in the legal
community.

Q.7. Is Cyberlaw constantly evolving ?

Yes, Cyberlaw is constantly being evolved. As new and new opportunities and challenges are
surfacing, Cyberlaw, being a constantly evolving process, is suitably modifying itself to fit the
call of the time. As the Internet grows, numerous legal issues arise. These issues vary from
Domain Names, to Intellectual Property Rights to Electronic Commerce to Privacy to Encryption
to Electronic Contracts to Cybercrime to Online Banking to Spamming and so on. The list is
very long.

Q.8. What is the stage of development of Cyberlaw today ?

Cyberlaw today, on a global scale, is at an early stage of development. Just as different

civilizations and societies in history have taken time to develop and refine their legal systems, in
the case of Internet too, it will take some time for
Cyberlaws to be fully developed and refined.
Different countries in different parts of the world are adopting their own strategies to this new
field.

DOMAIN NAMES

Q.9. What is an IP address ?

The Internet is a network of computers. Each computer on the said network has its own distinct
entity and presence. That is the reason why every computer is given a distinct Electronic Address
called the Internet Protocol address or in short IP address. This IP address is given by numerical
values like 202.54.15.75. The IP address is just like any telephone number which identifies a
particular computer on the Internet.

Q.10. What is a Domain Name ?

Since it is not possible to remember each and every numerical value of an IP address, the system
of domain names evolved. Internet domain names, in a common man's language, are used as an
easy-to-remember alias which point to a specific IP address. The dominant purpose of the
domain name is simply to provide an easy method for remembering another's electronic address.
It's a unique name used to identify, among other things, a specific Web site. Thus a typical
domain name would be http://www.indiainfoline.com/.

Q.11. What are the components of a Domain Name ?

Any domain name consist of two components, namely the top level domain name(TLD) and a
second level domain name. Thus in the said example, http://www.indiainfoline.com, ".com"
would be the top level domain name while "indiainfoline" would be second level domain name.
Q.12. What are the categories of Top Level Domain Names (TLDs)?

As on date, there are two categories of top level domain names. In the first category comes the
domain names .com, .net, .org, .edu. When the system of registering domain names began, the
norms were that the .com name is to be given to commercial organizations, while others such
as .org, .net, .gov and .edu are to be assigned to non-commercial organizations, network
providers, government agencies and educational institutions respectively. However, as time has
passed, due to the enhanced volumes of domain name registrations, the said norms have been
abandoned and today anyone can, without any restriction of any kind whatsoever, can register
any domain name.

The second category of top level domain names is the country code TLDs denoted by a two letter
country code. For instance, the top level domain name for India is .in. The responsibility for
assigning the same is given in each country to a specified country domain name registrar. In
India, the TLD.in is registered by NCST at Bombay.

Q.13. Who registers Domain Names ?

The domain names were initially registered by Network Solutions only, who had the sole
monopoly to register the said TLDs. This monopoly of Network Solutions continued for many
years and only in 1999, the Internet Corporation Assigned Names and Numbers (ICANN)
allowed other accredited registrars to register domain names. Today there are more than 100
registrars with whom one can register a TLD.

Q.14. What is the unique feature of Domain Names ?

The unique feature of domain names is that the said domain names are given on "first come, first
served" basis. This feature of domain names gives rise to numerous legal issues and disputes.
Thus the important thing in domain names registration is speed. To take an example, the domain
name www.microsoft.org was available and was registered by Amit Mehrotra much before
Microsoft Corporation could think of it. This led to numerous ticklish legal issues. Microsoft
Corporation, despite having the trademark Microsoft, could not get the domain name
www.microsoft.org because of the "first come, first served" criteria of domain name registration.

Q.15. How are Domain Names different from Trade Marks ?

To put it simply, Domain names are indeed different from trademarks. While it is possible that
the same trademark may be registered by different persons in different categories and different
lines of businesses, it may be possible to only register one domain name corresponding to such
trademark. This aspect of domain names has led to numerous legal problems.

Q.16. What is Cybersquatting ?

Another legal issue surrounding domain names is that of Cybersquatting.Cybersquatting is the

practice by means of which a person or legal entity books up the trade mark, business name or
service mark of another as his own domain name for the purpose of holding on to it and
thereafter selling the same domain name to the other person for valuable premium and
consideration. Cybersquatters book up domain names of important brands in the hope of earning
quick millions .

Q.17. What are the recent trends relating to tackling Cybersquatters ?

The Internet history has shown that while some corporate players have been willing to and have
indeed coughed up money to get back their legitmate domain names, the recent trend is more
towards taking the cybersquatters by the horns and fighting them out by legal processes. Courts
throughout the world, including in India, have been proactive and have been granting injunctions
to stop cybersquatters from operating their web sites.

Q.18. What is the latest most effective remedy against Cybersquatting ?

The latest breath of fresh air in the fight against Cybersquatting has been the Uniform Domain
Name Dispute Resolution Policy which has been duly approved by ICANN. Under the said
Domain Names Dispute Resolution Policy, a summary procedure is adopted to adjudicate the
complaint of any complainant relating to any domain name on payment of processing fees. This
policy has been in operation since the end of last year.

Q.20. What is Cybercrime ?

When Internet was developed, the founding fathers of Internet hardly had any inclination that
Internet could also be misused for criminal activities. Today, there are many disturbing things
happening in cyberspace. Cybercrime refers to all the activities done with criminal intent in
cyberspace. These could be either the criminal activities in the conventional sense or could be
activities, newly evolved with the growth of the new
medium. Because of the anonymous nature of the
Internet, it is possible to engage into a variety of criminal activities with impunity and people
with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal
activities in cyberspace. The field of Cybercrime is just emerging and new forms of criminal
activities in cyberspace are coming to the forefront with the passing of each new day.

Q.21. Do we have any one exhaustive definition of Cybercrime ?

There can be no one exhaustive definition about Cybercrime. However, any activities which
basically offend human sensibilities, can also be included in its ambit. Child Pornography on the
Internet constitutes one serious Cybercrime. Similarly, online pedophiles, using internet to
induce minor children into sex, are as much Cybercriminals as any others.

Q.22. What are the various categories of Cybercrimes ?

Cybercrimes can be basically divided into 3 major categories being Cybercrimes against persons,
property and Government.

Q.23. Tell us more information about Cybercrimes against persons ?

Cybercrimes committed against persons include various crimes like transmission of child-
pornography, harassment of any one with the use of a computer such as e-mail, and cyber-
stalking.

The trafficking, distribution, posting, and dissemination of obscene material including

pornography, indecent exposure, and child pornography, constitutes one of the most important
Cybercrimes known today. The potential harm of such a crime to humanity can hardly be
overstated. This is one Cybercrime which threatens to undermine the growth of the younger
generation as also leave irreparable scars and injury on the younger generation, if not controlled.

Q.24. Is Cyber harassment also a Cybercrime ?

Cyber harassment is a distinct Cybercrime. Various kinds of harassment can and does occur in
cyberspace, or through the use of cyberspace. Harassment can be sexual, racial, religious, or
other. Persons perpetuating such harassment are also guilty of cybercrimes. Cyber harassment as
a crime also brings us to another related area of violation of privacy of netizens. Violation of
privacy of online citizens is a Cybercrime of a grave nature. No one likes any other person
invading the precious and extremely touchy area of his or her own privacy which the medium of
Internet grants to the netizen.

Q.25. What are Cybercrimes against property ?

The second category of Cybercrimes is that of Cybercrimes against all forms of property. These
crimes include unauthorized computer trespassing through cyberspace, computer vandalism,
transmission of harmful programs, and unauthorized possession of computerized information.

Q.26. Is hacking a Cybercrime ?

Hacking and cracking are amongst the gravest Cybercrimes 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. Coupled with this
, the actuality is that no computer system in the world is hacking proof. It is unanimously agreed
that any and every system in the world can be hacked. The recent denial of service attacks seen
over the popular commercial sites like E-bay, Yahoo, Amazon and others are a new category of
Cybercrimes which are slowly emerging as being extremely dangerous. Using one's own
programming abilities as also various programmes with malicious intent to gain unauthorized
access to a computer or network are very serious crimes. Similarly, the creation and
dissemination of harmful computer programs or virii which do irreparable damage to computer
systems is another kind of Cybercrime. Software piracy is also another distinct kind of
Cybercrime which is perpetuated by many people online who distribute illegal and unauthorised
pirated copies of software.

Q.27. What is Cybercrime against Government ?

The third category of Cybercrimes relate to Cybercrimes against Government. Cyber Terrorism
is one distinct kind of crime in this category. The growth of Internet has shown that the medium
of Cyberspace is being used by individuals and groups to threaten the international governments
as also to terrorise the citizens of a country. This crime manifests itself into terrorism when an
individual "cracks" into a government or military maintained website.

Q.28. Is there any comprehensive law on Cybercrime today ?

Since Cybercrime is a newly specialised field, growing in Cyberlaws, a lot of development has to
take place in terms of putting into place the relevant legal mechanism for controlling and
preventing Cybercrime. As of now, there is absolutely no comprehensive law on Cybercrime any
where in the world. This is reason that the investigating agencies like FBI are finding the
Cyberspace to be an extremely difficult terrain. These various Cybercrimes fall into that grey
area of Internet law which is neither fully nor partially covered by the existing laws and that too
in some countries.

Q.29. Is there any recent case which demonstrates the importance of having Cyberlaw on
Cybercrime within the national jurisdictions of countries ?

The most recent case of the virus "I love you" demonstrates the need for having cyberlaws
concerning Cybercrimes in different national jurisdictions. At the time of the web publication of
this feature, Reuters has reported that "The Philippines has yet to arrest the suspected creator of
the 'Love Bug' computer virus because it lacks laws that deal with computer crime, a senior
police officer said". The fact of the matter is that there are no laws relating to Cybercrime in the
Philippines. The National Bureau of Investigation is finding it difficult to legally arrest the
suspect behind the 'Love Bug' computer virus. As such, the need for countries to legislate
Cyberlaws relating to Cybercrime arises on an urgent priority basis.

Q.30. What is the approach adopted by US Courts regarding Cybercrimes ?

The courts in United States of America have already begun taking cognizance of various kinds of
fraud and Cybercrimes being perpetuated in Cyberspace. For the victims of various Cybercrimes,
there is no one healing remedy. They can either file for civil damages or wait for the culprits to
be nabbed and then to be tried under provisions, existing or envisaged which are not
comprehensive at all. However, a lot of work has to be done in this field. Just as human mind is
ingenious enough to devise new ways for perpetuating crime, similarly, human ingenuity needs
to be channelised into developing effective legal and regulatory mechanisms to control and
prevent Cybercrimes.

Q.31. Why do we need to fight Cybercrime ?

We all must remember that Cyberspace is a common heritage of ours which we have inherited in
our life times from the benefits of ever growing technologies. This Cyberspace is the lifeline of
the entire universe and given its irreversible position today, it is the duty of every netizen to
contribute toward making the said cyberspace free of any trouble or cybercrime. To rephrase the
famous words of Rabindra Nath Tagore in today's context, "Where the Cyberspace is without
fear or crime and the head is held high, where knowledge is free, where tireless striving stretches
its arms towards perfection, ….. into that cyber heaven of freedom, O my father, let our
humanity awake

1. Have you ever gotten an e-mail that you were certain of being spam?
2. If yes, what did you do about the spam e-mail?
3. Have you met any person whom you encountered only in a chat room?
4. Has your identity ever been stolen? Or, do you know anyone who has suffered from
identity theft online?
5. Has your PC ever been infected by a computer virus that damaged your PC components
or stored data considerably?
6. Have you ever received any e-mail that advertised child pornography?
7. Do you feel like your PC has ever been hacked?
8. Have you ever had any problem with any online merchant account?
9. Do you feel like there is any other type of cybercrime that has not been covered in this
questionnaire?
10.  Do you feel like you are well protected against cybercrimes?