Subject: Computer Ethics and Cyber Lab
Assignment: TA (Compulsory)
1.Why is computer ethics defined? Explain its evolution. What is computer crime? Explain different computer crimes.
ANS:-Computer ethics is the analysis of the nature and social impact of computer technology and the formulation and justification of the policies for the ethical use of such technology. Computer ethics examine the ethical issues surrounding computer usage and the connection between ethics and technology. It includes consideration of both personal and social policies for ethical use of computer technology. The goal is to understand the impact of computing technology upon human values, minimize the damage that technology can do to human values and to identify ways to use computer technology to advance human values. The term computer ethics was coined in the mid 1970s by Walter Manor to refer to that field of applied professional ethics dealing with ethical problems aggravated, transformed or created by human technology. (James H Moor,1997).The computer revolution is occurring in two stages. The first stage was that of “technology introduction” in which computer technology was developed and refined. The second stage is of “technological permeation” in which technology gets integrated into everyday human activities. Thusevolution of computer ethics is tied to the wide range of philosophical theories and methodologies, which isrooted in the understanding of the technological revolution from introduction to permeation.In the era of computer “viruses” and spying by “hacking”, computer security is a topic of concern in the field of computer ethics. Computer crime can be can be looked into from five different aspects:1.Privacy and confidentiality2.Integrity – Ensuring that data and programs are not modified without proper authority3.Unimpaired service4.Consistency: Ensuring that data and behavior we see today will be the same tomorrow.5.Controlling access to resources.Malicious kinds of software or programmed threats provide a significant challenge to computer security. These include “viruses” which cannot run on their own but are inserted into other computer programs. “Worms” are software that are programmed to move from machine to machine across networks and could consist of parts of themselves running on different machines; “Trojan horses” are programs which tend to appear as a sort of program but actually end up doing damage behind the scenes; “logic bombs” check for particular favorable conditions and then execute when such conditions arise and “bacteria”or “rabbits” are programs which are programmed to multiply rapidly nod fill up the computer’s memory. Computer crimes are normally committed by personnel who have the permission to use the system. An “hacker” is one who enters the system without authorization. It is done to steal data, commit vandalism or merely explore the system tosee how it works and see what is contained. However every act of hacking is harmful as it involves the unauthorized entry into a system thus in fact trespassing into a person’s
private domain. Even if the hacker did indeed make no changes, a computer’s owner mustrun through a costly and time-consuming investigation of the compromised system(Spafford, 1992).
2.What are the professional responsibilities? Discus the impact of Globalization on computer ethics.
ANS:-Computer professionals have specialized knowledge and have positions with authority and access to various forms of confidential information. Hence they are in a position to significantly impact various aspects of people’s lives. Along with such power to change the world comes the duty to exercise the power responsibly(Gotterbarn, 2001). Computer professionals find themselves in a variety of professional relationships with other people (Johnson, 1994) including:Employer – employee Client _ professional Professional _ professional Society _ professionalThese relationships involve a diversity of interests and sometimes the seinterests can come into conflict with each other. Responsible computer professionals, therefore, will be aware of possible conflicts of interests and try to avoid them.Professional organizations like the Association for Computing Machinery (ACM) and the Institute of Electrical and Electronic Engineers (IEEE) have established code of ethics, curriculum guidelines and accreditation requirements to help computer professions understand and manage ethical responsibilities. They have also adopted Code of Ethics for their members which include“general moral imperatives” such as avoiding harm to others” and to be honest and trustworthy, “specific professional responsibilities” like acquiring and maintaining professional competence and knowing and respecting existing laws pertaining to professional work. The IEEE Code of Ethics includes such principles asavoiding real or perceived conflicts of interest whenever possible.Computer ethics is rapidly evolving into a broader and even more important field, which might reasonably be called “global information ethics”. Global networks like the internet and especially the World Wide Web are connecting people all over the globe. Efforts are on to develop mutually agreed standards of conduct and efforts to advance and defend human values. Some of the global issues being debated are:
? Global laws:-Over two hundred countries are already interconnected by the internet. Given this situation, what is the effect and impact of the law of one particular country on the rest of the world?Issues regarding freedom of speech, protection of intellectual property, invasion of privacy vary from country to country. The framing of common laws pertaining to such issues to ensure compliance by all the countries is one of the foremost questions being debated.
? Global cyber business-: Technology is growing rapidly to enable electronic privacy and security on the internet to safely conduct international business transactions. With such advanced technology in place,there will be a rapid expansion of global cyber business. Nations with a technological infrastructure already in place will enjoy rapid economic growth, while rest of the world lags behind. This disparity in levels of technology will fuel a political and economic fallout, which could further widen the gap between the rich and the poor.
? Global education:- Inexpensive access to the global information net for the rich and the poor alike is necessary for everyone to have access to daily news from a free press, free texts, documents, political,religious and social practices of peoples everywhere. However the impact of this sudden and global education on different communities, cultures and religious practices are likely to be profound. The impact on lesser known universities would be felt as older well-established universities begin offering degrees and knowledge modules over the internet.
3. What do you mean by Professional ethics? Explain the code of ethics. What are the basic features of Internet? What is Cyber crime? What is an Electronic Warfare?
ANS:-
Professional ethics:A code fulfilling its function will change the approach of many to the internet and provide a counter pressure against the tendency to behave unethically. It would also help many to realize that their behavior may be unethical. The standards expected and the realization of one’s conduct will make them pause and think about the consequences of their actions. This is summed up in the preamble to the Software Engineering Code of Ethics and Professional Practice:“These principles should influence internet developers / users to consider broadlywho is affected by their work; to examine if they and their colleagues are treating other human beings with due respect; to consider how the public, if reasonably well informed, would view their decisions; to analyze how the least empowered will be effected by their decisions; and to consider whether their acts would be judged worthy of the ideal professional working as a software engineer. In all these judgments, concern for the health safety and welfare of public is primary; that is “public interest” is central to the code.”(Donald Gotternbarn, 1994).
Code of ethics:-Code of ethics are more apparitional. They are mission statements emphasizing the professional objectives and vision. The degree of enforcement possible is dependent on the type of code. Code of ethics, which is primarily apparitional, uses no more that light coercion. Codes of conduct violations generally carry sanctions ranging from warning to exclusion from the professional bodies. Violations of the codes of practice may lead to legal action on the grounds of malpractice or negligence. The type of code used to guide behavior affects the type of enforcement. The hierarchy of codes parallels the three levels of ethical obligations owed by professionals. The first level identified is a set of ethical values, such as integrity and justice, which professionals share with other human beings by virtue of their shared humanity. Code statements at this level are statements of aspiration that provide vision and objectives. The second level obliges professionals to more challenging obligations than those required at the first level. At the second level, by virtue of their role as professionals and their special skills, they owe a higher degree of care to those affected by their work. Every type of professional shares this second level of ethical obligation. Code statements at this level express the obligations of all professionals and professional attitudes. They do not describe specific behavior details, but they clearly indicate professional responsibilities. The third and deeper level comprises several obligations that derive directly from elements unique to the particular professional practice. Code elements at this level assert more specific behavioral responsibilities that are more closely related to the state of art within the particular profession. The range of statements is from more general apparitional statement to specific andmeasurable requirements. Professional code of ethics needs to address all three of these levels.
Cyber crime:-In an influential research work, Prof. Ulrich Sieber observed that; “the vulnerability of today’s information society in view of computer crimes is still not sufficiently realized: Businesses,administrations and society depend to a high degree on the efficiency and security of modern information technology. In the business community, for example, most of the monetary transactions are administered by computers in form of deposit money. Electronic commerce depends on safe systems for money transactions in computer networks. A company’s entire production frequently depends on the functioning of its data-processing system. Many businesses store their most valuable company secrets electronically. Marine, air, and space control systems, as well as medical supervision rely to a great extent on modern computer systems. Computers and the internet also play an increasing role in the education and leisure of minors. International computer
networks are the nerves of the economy, the public sector and society. The security of these computer and communication systems and their protection against computer crime is therefore of essential importance.
Electronic warfare:-In the meantime, the possibilities of computer manipulations have also been recognized in the military sector. “Strategic Information Warfare” has become a form of potential warfare of its own. This type of warfare is primarily directed to paralyze or manipulate the adversary’s computer systems. The dependency of military systems on modern information systems became evident in 1995 when a “tiger-team” of the US Air Force succeeded in sending seven ships of the US Navy to a wrong destination due to manipulations via computer networks. Thus broadly speaking, the following specified nature of offences are recognized by respective nation states in their legislations. The list by no means is to be construed as exhaustive but only illustrative.
4.Brief the evolution of Computer Ethics. What are the three levels of computer ethics?Explain.
ANS:-The computer revolution is occurring in two stages. The first stage was that of “technology introduction”in which computer technology was developed and refined. The second stage is of “technological permeation” in which technology gets integrated into everyday human activities. Thus evolution of computer ethics is tied to the wide range of philosophical theories and methodologies, which is rooted in the understanding of the technological revolution from introduction to permeation.In the 1940s and 1950s computer ethics as a field of study had its roots in the new field of research called “cybernetics”-the science of information feedback systems undertaken by Professor Norbert Weiner? The concepts of cybernetics led Weiner to draw some remarkable ethical conclusions about the technology that is now called information and communication technology. He fore saw revolutionary social and ethical consequences with the advance of technology. In his view the integration of computer technology into society would eventually constitute the remaking of society, which he termed as the“second industrial revolution”. He predicted that workers would have to adjust to radical changes in the workplace, governments would need to establish new laws and regulations, industries would need to create new policies and practices, professional organizations would need to develop new code of conduct for their members, sociologists and psychologists would need to study and understand new social and psychological phenomena and philosophers would need to rethink and redefine old social and ethical concepts. In the 1960sDon Parker of SRI Inc. began to examine the unethical and illegal uses of computers by computer professions.He published “Rules of Ethics in Information Processing” and headed the development of the first code of professional conduct for the association of computing machinery. The 1970s saw Walter Maner coin the term“Computer Ethics” to refer to that field of inquiry dealing with ethical problems aggravated, transformed by computer technology. He disseminated his starter Kit in computer ethics, which contained curriculum materials and guidelines to develop and teach computer ethics. By the 1980s a number of social and ethical consequences of information technology were becoming public issues in America and Europe. Issues like computer enabled crime, disasters caused by computer failures, invasions of privacy through computer databases etc become the order of the day. This led to an explosion of activities in the field of computer ethics. The 1990s heralded the beginning of the second generation of computer ethics. Past experience led to the situation, which helped to build and elaborate the conceptual foundation while developing the frameworks within which practical action can occur, thus reducing the unforeseen effects of information technology application.Computer ethics questions can be raised and studied at various levels.Each level is vital to the overall goal of protecting and advancing human values.On the most basic level, computer ethics tries to sensitize people to thefact that computer technology has social and ethical consequences. Newspapers, magazines and TV news programs have highlighted the topic of computer ethics by reporting on events relating to computer viruses,software ownership law suits, and computer aided bank robbery, computer malfunction, computerized weapons etc. These articles have helped to sensitize the public at large to the fact that computer technology can threaten human values as well as advance them.The second level consists of someone who takes interest in computer ethics cases, collects examples, clarifies them, looks for similarities and differences, reads related works,attends relevant events to make preliminary assessments and after comparing them, suggests possible analyses.The third level of computer ethics referred to as ‘theoretical’ computer ethics applies scholarly theories from philosophy, social science, law etc. to computer ethics cases and concepts in order to deepen the understanding of issues. All three level of analysis are important to the goal of advancingand defending human values. (James H Moor, 1997)
5.What are the codes of ethics? Compare its significance with present day scenario.
ANS:-Professional societies have used the codes to serve the following functions:
1.Inspiration: Codes function as an inspiration for “positive stimulus” for ethical conduct.Codes also serve to inspire confidence in the customer or user.
2.Guidance:Historically, there has been a transition away from regulatory codes designed to penalize divergent behavior and internal dissent, towards codes which help someone determine a course of action through moral judgement.
3.Education: Codes serve to educate, both prospective and existing members of the profession about their shared commitment to undertake a certain quality of work and the responsibility for the well being of the customer and user of the developed product. Codes also serve to educate managers of groups of professionals and those who make rules and laws related to the profession about expected behavior. Codes also indirectly educate the public at largeabout what the professionals consider to be a minimal acceptable ethical practice in the field,even if practiced by a non-professional.
4.Support for positive action: Codes provide a level of support for the professional who decides to take positive action. They provide an environment in which it will be easier, than it would otherwise be, to resist pressure to do what the professional would rather not do. The code could be used as a counter pressure against the urging by others to have the professional to act in ways inconsistent with an ethical pattern of behavior.
5.Deterrence and discipline:
Codes can serve as a formal basis for action against a professional. The code defines a reasonable expectation for all practitioners. A failure tomeet these expectations could serve as a formal basis in some organizations to revoke membership or suspend license to practice.
6.Enhance the profession’s public image: Codes serve to educate multiple constituencies about the ethical obligations and the responsibilities of the professional. They educate the professionals about what they should expect from themselves and what they should expect from their colleagues. Codes also serve to educate society about its rights, about what society has a right to expect from the practicing professional.A code fulfilling its function will change the approach of many to theinternet and provide a counter pressure against the tendency to behave unethically. It would also help many to realize that their behavior may be unethical. The standards expected and the realization of one’s conduct will
make them pause and think about the consequences of their actions. This is summed up in the preamble to theSoftware Engineering Code of Ethics and Professional Practice:“These principles should influence internet developers / users to consider broadly who is affected by their work; to examine if they and their colleagues are treating other human beingswith due respect; to consider how the public, if reasonably well informed, would view their decisions; toanalyze how the least empowered will be effected by their decisions; and to consider whether their acts would be judged worthy of the ideal professional working as a software engineer. In all these judgments, concern for the health safety and welfare of public is primary; that is “public interest” is central to the code.”
(Donald Gotternbarn, 1994).
6.State and Discuss primary assumptions of a legal system. What are the basic features of Internet? Explain
ANS:-Any legal system is premised upon the following primary assumptions as a foundation. They are:
a) Sovereignty
b) Territorial Enforcement
c) Notion of property
d) Paper based transactions
e) Real relationships
a)Sovereignty :Law making power is a matter of sovereign prerogative. As a result, the writ of sovereign authority runs throughout wherever sovereign power exercises authority. Beyond its authority, which is always? Attributed to determinate geographical boundaries, the sovereign cannot regulate a subject matter through legal intervention. However, in the cyber context, geography is a matter of history, in the sense that barriers in terms of distance and geographical boundaries do not make much sense.
b)Enforcement:Any law in real world context can only be subjected to predetermined territorialen for cement. In other words, the territory over which the sovereign authority exercises power without any qualification or impediment will be able to enforce the law. However, this proposition carries some exceptions. It is a normal practice in the case of criminal law, the sovereign authority enjoins extra-territorial jurisdiction as well. It is to indicate that even if the crime is committed beyond the limits of territory, the sovereign authority will be able to initiate prosecution, provided if the custody of the person is fetched. Towards this end, it is a normal practice to invoke extradition proceedings (which reflect mutual understanding and undertaking to co-operate with each other nation in cases of crime commission). However, serious impediment in this respect is, the proceedings must comply with the principle of ‘double criminality’. It means that, in both the countries, the alleged act of commission must have been criminalized. In the context of cyber law, there are only twelve countries in the globe, where relevant laws have been enacted. But when it comes to Civil law, say in the case of international contracts, pertinent principles of Private International Law are invoked to address these issues. When it comes to cyber context, territory does not hold any meaning. Connectivity without any constraint is the strength of cyber world.
c)Notion of Property:The obtaining premise (though of late subjected to marginal change) of the legal response considers ‘property’ as tangible and physical. With the advent of intellectual property,undoubtedly, this concept or understanding of ‘property’ has undergone change. In the cyber context,‘property’ in the form of digitized services or goods poses serious challenges to this legal understanding.Similarly, ‘domain names’ raise fundamental questions vis-à-vis the legal understanding of whatconstitutes ‘property’.
d)Real Relationships:Quite often, legal response considers relationships, which are real world oriented.In view of connectivity, pace and accuracy as to transmission, in the cyber context, these relationships acquire unique distinction of virtual character. In the broad ambit of trade and commerce, it is the commercial transaction in the form of contracts, which constitutes the foundation of legal relationship.Hence, if the relationships are virtual, what should be the premise of contract law, which is basically facilitating in nature? Even with regard to other activities, which are potentially vulnerable to proscription, what kind of legal regulation is required to be structured?
e)Paper Based Transactions:Obtaining legal response considers and encourages people to create and constitute legally binding relationships on the basis of paper-based transactions. No doubt, the definition of ‘document’ as is obtaining under Section 3 of Indian Evidence Act, 1872 takes within its fold material other than paper also, still popularly the practice covers only paper based transactions. But in the cyber context, it is the digital or electronic record, which forms the basis of electronic transactions. As a result of which transactions will be on the basis of electronic records.In the light of these seemingly non-applicable foundations, the legal system originating from a particular sovereign country has to face complex challenges in formalizing the structure of legal response. However, the inherent complexity did not deter select countries in making an attempt in this regard. From the obtaining patterns it can be understood that, substantial numbers of these countries have apparently considered the following benchmarks in structuring the relevant legal response.Application of the existing laws duly modified to suit the medium of cyber context with an appropriate regulatory authority monitoring the process and adjudicating the rights and liabilities of respective stakeholders; respective legislations enacted by the concerned sovereign states with adeliberate attempt to encourage and facilitate international co-operation to enforce these laws.The IP provides for ‘telepresence’ or geographically extended sharingof scattered resources. An internet user may employ her internet link to access computers, retrieve information,or control various types of apparatus from around the world. These electronic connections are entirely transparent to the user. Access to internet resources is provided via a system of request and reply; when an online user attempts to access information or services on the network, his/her local computer requests such access from the remote server computer where the addressee is housed. The remote machine may grant or deny the request, based on its programmed criteria, only if the request is granted does the server tender theinformation to the user’s machine. These features make available a vast array of interconnected information,including computerized digitalized text and graphics and sound. A crop of private internet access providers has developed to offer network access and facilities to such customers outside the research community.Consequently, although the academic and scientific research community remains an important part of the internet community as a whole, private and commercial traffic has become a dominant force in the development and growth of the ‘electronic frontiers’. In particular, the network offers novel opportunities for transactions involving information based goods and services.
Assignment : TB (Compulsory)
1. Explain the four classifications of ethical issues.
Ans-
Computer Ethics:-Computer ethics is the analysis of the nature and social impact of computer technology and the formulation and justification of the policies for the ethical use of technology. It includes consideration of both personal and social policies for ethical use of computer technology. Its main goal is to understand the impact of computing technology upon human values.There are four kinds of ethical issues:–
i) Privacy:- It deals with collection, storage and dissemination of information about individuals.
ii) Accuracy:- It deals with authenticity, fidelity and accuracy of information collected and procured.
iii) Property:- It deals about ownership and value of information (intellectual property).
iv) Accessibility:- It deals about right to access information and payment towards the same.
2. Explain the social and ethical issues arising out of the presence of computers in the workplace.
Ans:- The social and ethical issues that can arise out of the presence of computers in the work place are:
i)Task Automation: At workplace, computers have become universal tools that can in principle perform any task and hence pose a threat to jobs. They are far more efficient than humans in performing many tasks. Therefore, economic incentives to replace humans with computerized devices are very high. In the industrialized world, manyworkers doing jobs as bank tellers, autoworkers, telephone operators, typists etc have already been replaced by computers.. On the other hand, the computer industry has generated a wide range of new jobs in the form of hardware engineers, software engineers, system analysts, webmasters, information technology teachers, and computer sales clerks. Even when a job is not eliminated by computers, the job profile could be radically altered. So, job gains and losses are to be viewed in the context of the society we live in.
ii)Health and Safety: Another workplace issue concerns health and safety. Often radiation from machines, repetitive injuries, and posture related problems are common at computer
dominated workplaces. Another concern is poisonous non biodegradable computer waste,which is causing a major threat to the environment. The advent of stress in the workplacedue to the introduction of computers is becoming more and more evident.
iii)Employee Monitoring: Another major concern is the employee monitoring or surveillance by the organizations using sophisticated computer driven technology. Someamount of monitoring may be vital for protecting the interest of the employer and toincrease productivity, but excess of such surveillance can becomes unethical.
3. What are the fundamental conceptions regarding the evaluation of individualactions?
Ans:- There are two the fundamental conceptions regarding the evaluation of individualactions:-
i) Examine an issue under independently justified principles of what one considers beingright. This is referred to as “deontological” approach where one starts out with one or more moral principle and see how they apply to particular case.
ii) Look for the course of action that maximizes the good. This approach is referred to as“teleological” means involves framing what is good for users, and spell out what iswrong with actions that interfere with attempts to get in.
4. How is a professional code distinguished ?
Ans:- Professional code is divided into three groups of code: —
i) Code of Ethics:- Code of ethics is more aspirational (aim). They are mission statementsstressed the professional objectives and vision.
ii) Code of Conduct:- Code of conduct are more oriented towards the professional’sattitude. They make clear the issues at risk in the different specialized fields.
iii) Code of Practice:- Technical document on health and safety issue approved by the government minister. It provides particular guideline on way to achieve agreement withOMC legislation.
5. Describe the nature and features of internet.
Ans- Following are the three distinct features of Internet:-
i)Global scope: – Internet communications has much broader scope and reach. Thisfeature of internet do things to one another demonstrates the great amount of power whenconnected to the internet. It also enables individuals apart from fraternizing with oneanother to disrupt, steal, damage, snoop, harass, stalk, and defame from great distance.
ii)Anonymity:- This feature of internet provides a certain kind of anonymity means itgives individuals a senses if invisibility that allows them to engage in behavior that theymight not otherwise engage in. The positive aspect of anonymity is that it might allowindividuals to get a free and equal treatment irrespective of their race, color or creed. Itenables their participation in activities where individuals might otherwise reluctant. Italso leads a serious problem for accountability and integrity of information.
iii)Reproducibility:- Electronic information exists in the form that makes it easy tocopy without any loss of originality or value in the process of reproduction.Reproducibility exacerbates the problem arising by global scope and anonymity. It alsoadds to the problems of accountability and integrity of information arising out of anonymity.All these three features of communication lead directly or indirectly to a wide range of ethical issues.
PART – B
1. a) Explain the different sources of law.
Ans:- Following are the different source of law:–
a) Legislation:- It is the formal enactment of law by the legislature created or authorized by the constitution. It stands in contrasted with judge made law. Legislation consists of written laws, as contrasted with judge made law or common law. It also stans incontrasted to customary law.
b) Common Law:- It comprises the body of principle, which derive their authority solelyfrom the decisions of courts. It is a body of law that develops and derives through judicialdecisions different from legislative enactments. Its principals do not derive their validityfrom formal law making by anybody, but from their enunciation through decisions of courts.
c) Custom:- Custom’ denotes a usage or practice of the people (including a particular social group or a group residing in a particular locality) which by common adoption andacquiescence and by long and unvarying habit, has become compulsory and has acquiredthe force of law with respect to the place or subject matter to which it relates.
b) Discuss the significance of legislation.
Ans:-Significance of legislation:-
i) The legislature can legislate in advance. But judges can’t do so.
ii) The legislature can make a law on any subject within its competence. But judges candeal with a subject.
iii) The legislature can override the law laid down by the courts, on a particular point because of the doctrine of separation of powers.
iv) Legislation is the most fertile source of law. The legislature can vest a subordinateauthority with power to make rules, orders, etc.
v) A legislative enactment is not subject to appeal; and the law enacted by it cannot bereversed.
2. a) Explain how “custom” is a source of law.
Ans:- Custom’ denotes a usage or practice of the people (including a particular socialgroup or a group residing in a particular locality) which by common adoption andacquiescence and by long and unvarying habit, has become compulsory and has acquiredthe force of law with respect to the place or subject matter to which it relates.
Legislation and case law can operate in any sphere of human activity, whilethe operation of custom is generally restricted to a particular locality, group or family.Custom’ denotes a usage or practice of the people (including a particular social group or a group residing in a particular locality) which by common adoption and acquiescencehas become compulsory and has acquired the force of law with respect to the place or subject matter to which it relates.
b) State and discuss the primary assumptions of a legal system.
Ans:- Following are the primary assumptions of a legal system:
i)Sovereignty: Law making power is a matter of sovereign prerogative. As a result, the writ of sovereign authority runs throughout wherever sovereign power exercisesauthority. Beyond its authority, which is always attributed to determine geographical boundaries, the sovereign cannot regulate a subject matter through legal intervention.
ii)Territorial Enforcement: Any law in real world context can only be subjected to predetermined territorial enforcements. There are some exceptions to this. The sovereignauthority could join extra territorial jurisdiction in case of criminal law. This indicates that if the crime is committed beyond the limits of the territory the sovereign authority can initiate prosecution.
iii)Notion of property: The obtaining premise of the legal response considers ‘property’as tangible and physical. In the cyber context, ‘property’ in the form of digitized services or goods poses serious challenges to this legal understanding. Also that the ‘domainnames’ raise fundamental questions.
iv)Paper-based transaction: Legal response considers and encourages people to create and constitute legally binding relationships on the basis of paper- based transactions.Although the word ‘document’ under law takes within its fold material other than paper also. Since in cyber context, digital or electronic record forms the basis of electronic transactions. Hence, the transactions are on the basis of electronic records.
v)Real relationships: Legal response considers relationships, which are real worldoriented. In view of connectivity, pace and accuracy as to transmission, in the cyber context, these relationships acquire unique distinction of virtual character. In case of trade and commerce, commercial transaction in the form of contracts constitutes the foundation of legal relationship.
3. a) Discuss the current forms of computer crimes.
Ans:-Different forms of computer crimes:-
i) Privacy infringement: The personal rights of the citizens are endangered with the collection, transmission, and storage of the personal data. Therefore, in the data processing area, the protection of privacy needs to be considered. A balance needs to be maintained between the privacy interests of data subjects concerned and the economic freedom of the holders of personal data.
ii) Economic offences: The economic crimes are considered as the central area of computer crime. Hacking, fraudulent manipulation of the computer data is some of theeconomic offences related to computers.
iii) Computer Hacking:-This is a greatest risk in terms of integrity, availability, andconfidentiality. Website defacements, credit card frauds, non-availability of web andapplication servers, and new virus attacks are common. These defacements are done byhackers and this process is called as hacking.
iv) Software Piracy and Other forms of Product Piracy:- This includes illegal access of computer programs. It also includes copying the important software and information of the individual.
v) Computer Espionage:- It rarely appears in official statistics constitute a special danger compared with traditional economic espionage. The object of this offence are especiallycopying computer program, data of research and defence, data of commercial accountingas well as address of client. It is done by data telecommunication.
vii) Computer Sabotage and Computer Extortion:- It is danger for business andadministration. It includes activities like destroying the store tangible and intangible datacontaining computer programs and other valuable information. It also affect the data processing.
viii) Computer Fraud:- It describe a spectrum of various cases within the field of economic crimes. It includes invoice manipulations concerning the payment of bill and salaries of industrial companies along with the manipulation of account balance and balance sheets.
viii) Illegal and Harmful content:- It includes providing harmful contents such as pornmovies or videos, adult picture or story, more violent games etc, on internet throughwebsite which are illegal.
b) Discuss the classifications of crimes under the IT act 2000.
Ans:- The following acts are cyber crime in the I.T. Act 2000:-Without permission of the authorized user
i) Accessing or securing access to computer system or network.
ii) Downloading, coping or extracting any data or information.
iii) Introducing any computer, virus or contaminant in the computer.
iv) Disrupting the working of the computer.
v) Disrupting the access of the computer of an authorized user.
vi) Providing assistance to ensure unauthorized access to the computer.
vii) Tampering with computer source documents.
viii) Hacking of computer system.
ix) Carring on activities that are not in compliance with the provisions of the Act.
x) Failure to extend all facilities and technical assistance to the Controller to decrypt any information necessary for the security of the nation.
xi) Publishing Digital Certificate that are false in certain particular.
xii) Misrepresenting or suppressing any material fact from the Controller or CertifyingAuthority for obtaining any license or Digital Signature Certificate.
4. a) Discuss the essentials of valid contract.
Ans:- The general law of contracts is contained in the Indian Contract Act 1872. The Actdefines “contract” as an agreement enforced by law. The essentials of a valid contract are:-
i) Intention to be bound:- The intention to create a contract should be clear otherwise, it will be treated as invalid.
ii) Offer and acceptance:-It is an essential ingredient of a contract that there must be anoffer and its acceptance. If there is no offer then there is no contract. But if one partyoffer but another one does not accept it then also no contract will be formed
iii) Concept of offer:- An offer is not defined by statue. It is generally understood asdenoting the expression, by words or conduct, of a willingness to enter into a legally binding contract. It expressly indicates that it is to become binding on the offer or as soonas it has been accepted.
iv) Offer by and whom: – An offer must be made by a person legally competent tocontract or on his behalf by someone authorized by him to make the offer. If there is no particular individuals to whom that offer a contract then that contract become a“unilateral contract”. So, there must be two parties to made contract.
vi) Statements which are not offer: – Every statement of intention is not an offer. Astatement must be made with the intention that it will be accepted and will constitute a binding contract.
b) What are the remedies for the breach of the contract?
Ans:-Remedies for breach of a contract:-
i)Damage:- When a contract has been broken, the party who suffer by such breach isentitled to receive compensation from the party who broken the contract for any loss or damage caused by him. Such compensation is not to be given for any remote and indirectloss or damage sustained by reason of the breach.
ii)Penal Stipulations:- If a sum is named in the contract or if the contract contains anyother stipulation by way of penalty, the party complaining of the breach is entitled toreceive reasonable compensation from party who broken the contract, whether or notactual damage or loss is proved to have been caused thereby.
iii) Specific performance:- In certain cases the court may direct against the party indefault “specific performance” of the contract means that party may be directed to perform the very obligation which he has undertaken by the contract.
iv) Injunction:- An injunction is a preventive relief and is granted at the discretion of thecourt. The discretion of court is not arbitrary but is guided by judicial principles. A further check on the discretion is the provision for correction through an appeal in ahigher court.
5. a) Explain digital signature. What is a digital signature certificate?
Ans:- Digital Signature: The IT Act states that any law provides that information shall bein writing or in printed form. The key ingredients of the formation of electronic contractscomprise communication of offer and acceptance by electronic means, verification of thesource of the communication, authentication of the time and place of dispatch and finallythe verifiability of the receipt of the data communication. A ‘digital signature’ may beaffixed to authenticate an electronic record. The digital signature serves to satisfy thelegal requirement of affixing of a signature in a written or printed document. The CentralGovernment has the power to make rules about the type of digital signature.Digital Signature Certificate: It certifies the identity of the subscriber and implies hisacceptance of the provisions of this act and the rules and regulations contained therein.The certificate is issued only on the following grounds:
i) The Certifying Authority being satisfied that the information contained in the application of certificate is accurate.
ii) The subscriber holds a Private Key capable of creating a Public Key.
iii) The Private Key corresponds to the Public Key to be listed in the Digital Signature Certificate.
iv) The Public Key to be listed in the certificate can be used to verify a digital signature affixed by the Private Key held by the subscriber.
b) Discuss the adjudicatory processes incorporated in the act.
Ans:- The adjudicatory processes incorporated in IT act 2000 are:i)Penalty for damage to computer: If any damage cause by any computer due to accessingor securing data, Downloading, coping data and disrupting the working of computer byany unauthorized user then he will have to paid one crore rupees as a compensation to the affected person.
ii) Penalty for failure to furnish information, return: If any individual fall in its previewusing the computer to furnish any document, return or reports then he will have to give1,50,000 rupees as penalty.
iii) Residuary penalty: This act provides that whoever contravenes any rule or regulationfor which a penalty has not specified, the person contravening the act is liable to pay25,000 rupees as compensationiv) Power to adjudicate: According to this the adjudicating officer has power to:
a)Summon and enforce the attendance of any person and examine him on oath.
b) Direct the production of records and other electronic records.
c) Issue warrant for the examination of witness and receive evidence on record.
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