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.
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Module I - The emerging jurisprudence of Cyber Space
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I.
Defining Cyber Space
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·
Understanding Cyber Space
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· Interface of
Technology and Law Defining Cyber Laws
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II.
Jurisdiction in Cyber Space
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·
Concept of Jurisdiction
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·
Internet Jurisdiction |
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·
Indian Context of Jurisdiction |
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·
International position of Internet Jurisdiction Cases in Cyber
Jurisdiction
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III.
Understanding Electronic Contracts
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·
The Indian Law of Contract
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·
Construction of Electronic Contracts
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Issues of Security Issues of Privacy Technical Issues in Cyber Contracts
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IV.
Types of Electronic Contracts
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·
Employment Contracts
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·
Consultant Agreements |
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Contractor Agreements Sales, Re-Seller and Distributor Agreements
Non-Disclosure Agreements |
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·
Software Development &
Licensing
Agreements
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·
Shrink Wrap Contract Source Code Escrow Agreements |
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V.
Cyber Contracts & Indian Legal Position
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·
Legal Issues in Cyber Contracts
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·
Cyber Contract and IT Act 2000 |
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·
Indian Law on Shrink Wrap Contracts Drafting of Cyber Contracts
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Module II - IPR in Cyber Space
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I.
Understanding Copy Right in Information Technology
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· Understanding the
technology of Software
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· Software -
Copyrights
vs Patents debate
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· Authorship and
Assignment Issues
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· Commissioned Work
and Work for Hire
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· Idea/Expression
dichotomy
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· Copyright in
Internet
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II. Legal Issues in Internet and
Software Copyright
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· Jurisdiction Issues
and Copyright
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· Infringement
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· Remedies of
Infringement
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· Multimedia and
Copyright issues
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· Software Piracy
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III. Patents
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· Understanding
Patents
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· International
context of Patents
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· European Position
on Computer related Patents
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· Legal position of
U.S.
on Computer related Patents
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· Indian Position on
Computer related Patents
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IV. Trademarks
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· Understanding
Trademarks
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· Trademark Law in
India
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· Infringement and
Passing Off
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· Trademarks in
Internet
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· Domain name
registration
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· Domain Name
Disputes & WIPO
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V. Databases
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· Databases in
Information Technology
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· Protection of
Databases
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·
Legal Position of Database protection in
U.S.
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· European Legal
position on Databases
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· Indian Law on
Databases
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·
Sui Generis Extraction Right
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Module III - E-Commerce & Taxation
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I.
E-Commerce - Salient Features
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· On-line contracts
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· Mail Box rule
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·
Privity of Contracts
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· Jurisdiction issues
in E-Commerce
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· Electronic Data
Interchange
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II. Security and Evidence in
E-Commerce
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· Dual Key Encryption
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· Digital Signatures
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· Security issues in
E-Commerce
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· Evidence related
issues
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· UNCITRAL model law
of E-Commerce
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· Indian Legal
Position on E-Commerce
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· IT Act 2000/Indian
Evidence Act/ Draft law on E-Commerce
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III. E-Banking and Legal Issues
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· Electronic Money
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· Regulating
e-transactions
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· Role of RBI and
Legal issues
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· Transnational
Transactions of E-Cash
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· Credit Card and
Internet
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· Laws relating to
Internet credit cards
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· Secure Electronic
Transactions
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IV. Taxation Issues in Cyber
Space
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· Indian Tax System
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· Transactions in
E-Commerce
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· Taxing Internet
Commerce |
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· Indirect Taxes
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· Tax evasion in
Cyber space
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V. International Taxation in
E-Commerce
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· Understanding
International Taxation
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· Fixed place vs.
Website
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· Permanent
Establishments
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· Double Taxation
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· Role of ISPs
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· OECD initiatives in
International Taxation
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Modules IV- Cyber Crimes
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I. Understanding Cyber Crimes
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· Defining Crime
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· Crime in context of
Internet –Actus Rea/Mens Rea
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· Types of crime in
Internet
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· Computing damage in
Internet crime
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II. Indian Penal Law & Cyber
Crimes
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· Fraud
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· Hacking
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· Mischief |
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·
Tresspass |
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· Defamation
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· Stalking
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· Spam |
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III. Investigations in Cyber
Crimes
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IV. Issues of Internet Governance
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· Freedom of
Expression in Internet
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· Issues of
Censorship
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· Hate speech
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· Sedition
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· Libel
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· Subversion
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· Privacy Issues |
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· International
Positions on Free Speech in Internet
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