Human history in a sense is a story of technology from flint stones to that of genetic
clones. The tribulations and triumph of such a journey, which will continue in the
future, has one aspect constant at its core - ‘the laws that govern them’.
Technology per se is never a disputed issue but for whom and at what cost has been
the issue in the ambit of governance. The cyber revolution holds the promise of
quickly reaching the masses as opposed to the earlier technologies, which had a
trickle down effect. Such a promise and potential can only be realized with an appropriate
legal regime based on a given socio-economic matrix.
In the ambit of technology and Law, Law has always been at the curve of the highway
chasing the developments of technology and ends often issuing violation tickets.
Law needs to provide a road map to technology with appropriate signals and speed
breakers for its safe driving.
The need of the times is that of a strong legal research orientation which needs
to travel along with technological developments if not in advance. Such an effort
can make Law as a management tool, of rights and obligations in the interface of
technology and Governance.
|
Module I - The emerging jurisprudence of
Cyber Space
|
|
I. Defining Cyber Space
|
|
|
· Understanding Cyber Space
|
|
· Interface of Technology
and Law Defining Cyber Laws
|
|
II. Jurisdiction in Cyber
Space
|
|
|
· Concept of Jurisdiction
|
|
· Internet Jurisdiction
|
|
· Indian Context of Jurisdiction
|
|
· International position of Internet Jurisdiction
Cases in Cyber Jurisdiction
|
|
III. Understanding Electronic
Contracts
|
|
|
· The Indian Law of Contract
|
|
· Construction of Electronic Contracts
|
|
· Issues of Security Issues of Privacy Technical
Issues in Cyber Contracts
|
|
IV. Types of Electronic Contracts
|
|
|
· Employment Contracts
|
|
· Consultant Agreements
|
|
· Contractor Agreements Sales, Re-Seller
and Distributor Agreements Non-Disclosure Agreements
|
|
· Software Development &
Licensing Agreements
|
|
· Shrink Wrap Contract Source Code Escrow
Agreements
|
|
V. Cyber Contracts & Indian
Legal Position
|
|
|
· Legal Issues in Cyber Contracts
|
|
· Cyber Contract and IT Act 2000
|
|
· Indian Law on Shrink Wrap Contracts
Drafting of Cyber Contracts
|
|
Module II - IPR in Cyber Space
|
|
I. Understanding Copy Right
in Information Technology
|
|
|
· Understanding the technology
of Software
|
|
· Software - Copyrights
vs Patents debate
|
|
· Authorship
and Assignment Issues
|
|
· Commissioned
Work and Work for Hire
|
|
· Idea/Expression
dichotomy
|
|
· Copyright
in Internet
|
|
II. Legal Issues in Internet
and Software Copyright
|
|
|
· Jurisdiction Issues
and Copyright
|
|
· Infringement
|
|
· Remedies of Infringement
|
|
· Multimedia and Copyright
issues
|
|
· Software Piracy
|
|
III. Patents
|
|
|
· Understanding Patents
|
|
· International context
of Patents
|
|
· European Position on
Computer related Patents
|
|
· Legal position of
U.S.
on Computer related Patents
|
|
· Indian Position on Computer
related Patents
|
|
IV. Trademarks
|
|
|
· Understanding Trademarks
|
|
· Trademark Law in
India
|
|
· Infringement and Passing
Off
|
|
· Trademarks in Internet
|
|
· Domain name registration
|
|
· Domain Name Disputes
& WIPO
|
|
V. Databases
|
|
|
· Databases in Information
Technology
|
|
· Protection of Databases
|
|
· Legal
Position of Database protection in
U.S.
|
|
·
European Legal position on Databases
|
|
·
Indian Law on Databases
|
|
·
Sui Generis Extraction Right
|
|
Module III - E-Commerce & Taxation
|
|
I.
E-Commerce - Salient Features
|
|
|
· On-line contracts
|
|
· Mail Box rule
|
|
· Privity
of Contracts
|
|
· Jurisdiction issues
in E-Commerce
|
|
· Electronic
Data Interchange
|
|
II. Security and Evidence
in E-Commerce
|
|
|
· Dual Key Encryption
|
|
· Digital Signatures
|
|
· Security issues in E-Commerce
|
|
· Evidence related issues
|
|
· UNCITRAL model law of
E-Commerce
|
|
· Indian Legal Position
on E-Commerce
|
|
· IT Act 2000/Indian Evidence
Act/ Draft law on E-Commerce
|
|
III. E-Banking and Legal Issues
|
|
|
· Electronic Money
|
|
· Regulating e-transactions
|
|
· Role of RBI and Legal
issues
|
|
· Transnational Transactions
of E-Cash
|
|
· Credit Card and Internet
|
|
· Laws relating to Internet
credit cards
|
|
· Secure Electronic Transactions
|
|
IV. Taxation Issues in Cyber
Space
|
|
|
· Indian Tax System
|
|
· Transactions in E-Commerce
|
|
· Taxing Internet Commerce
|
|
· Indirect Taxes
|
|
· Tax evasion in Cyber
space
|
|
V. International Taxation
in E-Commerce
|
|
|
· Understanding International
Taxation
|
|
· Fixed place vs. Website
|
|
· Permanent Establishments
|
|
· Double Taxation
|
|
· Role of ISPs
|
|
· OECD initiatives in
International Taxation
|
|
Modules IV- Cyber Crimes
|
|
I. Understanding Cyber Crimes
|
|
|
· Defining Crime
|
|
· Crime in context of
Internet –Actus Rea/Mens Rea
|
|
· Types
of crime in Internet
|
|
· Computing
damage in Internet crime
|
|
II. Indian Penal Law &
Cyber Crimes
|
|
|
· Fraud
|
|
· Hacking
|
|
· Mischief
|
|
· Tresspass
|
|
· Defamation
|
|
· Stalking
|
|
· Spam
|
|
III. Investigations in Cyber
Crimes
|
|
IV. Issues of Internet
Governance
|
|
|
· Freedom of Expression
in Internet
|
|
· Issues of Censorship
|
|
· Hate speech
|
|
· Sedition
|
|
· Libel
|
|
· Subversion
|
|
· Privacy Issues
|
|
· International Positions
on Free Speech in Internet
|
