Cyber Laws – CS Foundation Business Law Notes
Introduction to Cyberspace :
- Technology has proved to a great leveller. It has helped in creating ‘machine – clones’ in the form of computers a high speed data processing device performing arithmetic, logical and memory functions by manipulating optical, magnetic and electrical impulses.
- The power of one ‘machine-clone’ is power of all connected ‘machine- clones’, which may be termed as network-of-network or Internet.
- This dynamic virtual space created by the networks of ‘machine-clones’ has been termed as cyber space.
- The word Cyberspace first appeared in ‘William Gibson’s’ in his science fiction Necromancer published in 1984.
- Gibson portrayed cyberspace as a three dimensional virtual landscape created by network computers.
- The New Oxford Dictionary of English defines ‘Cyberspace’ as the notional environment in which communication over computer networks occur.
- Cyber space is a virtual medium.
- It has no boundaries, no geographical mass or gravity.
- It exists in a form of bits and bytes.
Cyber Space Vs. Physical World :
| Cyber Space | Physical World |
| 1. It is a digital medium. | 1. It is a physical world |
| 2. It is static, well defined and incremental. | 2. Cyber space is dynamic, undefined and exponential. |
| 3. The contours of cyber space is as vast as human imagination and thus cannot be given a fixed shape. | 3. The contours of physical world are fixed. |
| 4. Cyber space represents network of millions of computers creating specter of digital life. | 4. It does not represent any network. |
1. Cyberspace is an interactive world and cannot be referred to as a xerox expression of geographic space.
2. Cyberspace can also be treated as a natural extension of physical world into infinite world.
CYBER LAWS:
- Cyber laws being technology incentive advocate the use and not misuse of technology.
- Any act, which violates the right of a person in digital medium (cyber space), would be treated as cyber space violations.
- The border less space, anonymity of user online, dynamic e-commerce and rapid digital transmission pose a real challenge to the application of traditional laws in cyberspace.
- Cyber laws are made to lesson the legal issues in the future.
- The aim of cyber related law worldwide is to harmonise the existing laws.
- There are several disturbing things that happens in cyberspace ranging from identify theft and terrorism to money laundering.
- Various criminals like hackers and crackers have been able to pave their way to interfere with the internet accounts through – Domain Name Server (DNS), internet Provider’s address (IP), spooling, phishing, internet phishing etc., to access unauthorised access to user’s computer system and steal data to make profits.
- Cyber law is a term that encapsulates the legal issues related to the use of communication, transactional and distributive aspects of networked information devices and technologies.
- Cyber law encompasses the legal, statutory and constitutional provisions that affect computer and computer networks.
It concerns – individuals, corporate bodies and institution which:
- Are instrumental for the entry into cyberspace.
- Provide access to cyberspace.
- Create hardware and software which enable people to access cyberspace and
- Use their own computers to go “online” and enter cyberspace.
- Two main statutes, which govern criminal liability
- The Indian Penal Code, 1860
- Information Technology (IT) Act, 2000.
- The main objective of the Act is to regulate and control the affairs of cyber world in an effective manner.
- Chapter IX and XI of the Information Technology Act, 2000, deal with various cyber crimes.
Information Technology Act, 2000:
- Indian is 12th nation in enactment of cyber law with the passage of Information Technology Act, 2000.
The United Nations Commission of International Law (UNCITRAL) : adopted the model law on electronic commerce in 1966 in order to bring uniformity in the law of different countries. - The General Assembly of United Nations recommended that all states should give favourable considerations to this Model Law when they enacted Or revised their laws.
- The first draft of legislation was created by Ministry of Commerce Government of India as E-commerce Act, 1998.
- A redraft of legislation was prepared as “Information Technology Bill 1999″. Which was placed before the parliament in December 1999 and passed in May 2000.
Aim and Objectives of the Act:
The following are the objectives of the Act:
- To grant legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication known as e-commerce.
- To give legal recognition to digital signature for authentication of any information or matter which requires authentication under any law.
- To facilitates electronic filling of documents with Government Departments.
- To facilitate Electronic storage of data.
- To facilitate and give legal sanction to electronic fund transfer between bank and financial institution.
To give legal recognition for keeping books of accounts by bankers in electronic form under:
- The Evidence Act, 1891 and
- The Reserve Bank of India Act, 1934.
IT Act 2000 has amended the following:
- Indian Penal Code (IPC), 1860.
- The Indian Evidence Act, 1872
- The Bankers’ Books Evidence Act, 1891 &
- The Reserve Bank of India Act, 1934.
Features of the Act:
- Electronic contracts have been made legally valid if made through secure electronic communication.
Legal recognition has been granted to digital signatures. - Security procedures for electronic records and digital signature have been laid down.
- A procedure for appointment of adjudicating officers for holding inquiries under the Act has been laid down.
- A provision has been made for the establishment of cyber Regulatory Appellant Tribunal under the Act.
An appeal against the order of the controller or adjudicating officer can be made to Cyber Appellant Tribunal and not to any civil court. - Appeal against order of the Cyber Appellant Tribunal are to be made in the High Court.
- Digital signature are to be affected by use of asymmetric crypto system and harsh function.
- A provision has been made for appointment of Controller of Certifying Authorities (CCA) to license of regulate the working of certifying Authorities.
- The controller is to act as repository of all digital signature certificates.
- The Act is to apply to offences or contraventions committed outside India.
- The senior police officers have been given power to enter any public and search and arrest without warrant.
- Provisions have been made for the constitution of regulations Advisory Committee to advise the Central Government and the Controller.
Applicability and Non-Applicability of the Act :
| Applicability | Non-applicability |
| Section 1(2) provides that the Act extends to the whole India, including Jammu and Kashmir.
The act does not take citizenship into account. It provides an extraterritorial Jurisdiction. |
Section 1(4), the provisions of the Information Technology Act, 2000 shall not apply to the following:
1. Execution of Negotiable Instrument under Negotiable Instrument Act, 1881 except cheque. 2. Execution of a power of attorney under the Power of Attorney Act, 1882. 3. Creation of Trust under Indian Trust Act, 1882. 4. Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called. 5. Entering into a contract for the sale of conveyance of immovable property or any interest in such property. 6. Any such class of documents or transactions as may be notified by Central Government in the Gazette. |
Digital Signature:
- Digital signatures, like written signature are used to provide authentication of the associated input, usually called as “message”.
- Message may be anything form electronic mail to a contract in electronic form, or even a message sent using cryptographic protocol.
- Digital signature can be used to authenticate the source of such messages.
The IT Act deals with digital signature under section 2, 3 and 15. These sections are reproduced as follows.
Section 2(1) (p):
Defines digital signature, “means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of Section 3″.
(a) Authentication: It is a process used to confirm the identity of a person or to prove the integrity of information.
(b) Message Authentication : It involves determining the source and verifying that it has not been modified or replaced in transit. Section 3 provides certain provisions in respect of authentication of electronic records which are:
- Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature.
- The Authentication of the electronic record shall be effected by the use of a symmetric crypto system and hash function which envelop and transform the intial electronic record into another electronic record.
- Any person by the use of a public key of the subscriber can verify the electronic record.
The private key and public key are unique to the subscriber and constitute a functioning key pair.
Secure Digital Signature (Section 15):
If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time affixed was:
1. Unique to the subscriber affixing it.
2. Capable of identifying such subscriber.
3. Created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, the such digital signature shall be deemed to be a secure digital signature.
| Against Individual | Against individual Property | Against Organisation | Against Society |
| 1. Harassment via e-mail | 1. Computer vandalism | 1. Possession of unauthorised information | 1. Polluting the youth though indecent exposure |
| 2. Cyber- Stalking | 2. Transmitting virus | 2. Cyber terrorism against the government organisation | 2. Trafficking |
| 3. Dissemination of obscene material | 3. Netrespass | 3. Distribution of printed software | 3. Financial crimes |
| 4. Defamation | 4. Intellectual property crimes | 4. Sale of illegal articles | |
| 5. Unauthorised control/access over computer system | 5. Internet time thefts | 5. Online gambling | |
| 6. Indecent exposure | 6. Forgery | ||
| 7. Email spoofing | |||
| 8. Cheating & fraud |
Electronic record and E-governance:
1. World Bank defined the use of information and communication technologies by government agencies to transform relations with citizens, business and other arms of the government.
2. The promotion of electronic governance is one of the prime objectives of IT Act, 2000.
3. Special provisions have been made under Chapter 111 of the Act for granting legal recognition to electronic records, electronic signature and to encourage their use by government and its agencies.
- The Information Technology Act provides for the following provisions in context of electronic governance.
- Legal recognition of Electronic Records (Section 4)
- Legal recognition of digital signatures (Section 5)
- Use of electronic.records and digital signatures in Government and its agencies (Section 6)
- Retention of electronic records (Section 7)
- Publication of rules, regulations, etc., in Electronic Gazette (Section 8)
- Section 6, 7 and 8 not to confer right to insist document should be accepted in Electronic form (Section 9)
- Power to make rules by Central Government in respect of digital signature (Section 10)
Data Protection:
1. As per Section 43A of the Information Technology Act, 2000,if a body corporate is possessing any sensitive personal data in computer it control and is negligent in implementing reasonable security and thereby causes wrongful loss or wrongful gain to a person then he will liable to pay the compensation, not exceeding five crore rupees, to a person so affected.
2. Section 43A deals with the rules regarding sensitive personal data or information and body corporate or any person located within India.
Scope of Cyber Laws – Some areas of concern for cyber law are listed:
- E-commerce
- Online contracts
- Business software patenting
- E-taxation
- E-governance
- Cyber crimes
1. E-Commerce Law:
- It defined simply, is the commercial transaction of services in an electronic format.
- The US Census Bureau measures e-commerce by looking at “the value of goods and services sold online whether over open networks such as internet, or over proprietary networks running system such as EDI.
2. Online Contracts:
(i) The Indian Contract Act, 1872 lays down that for a contract to happen there has to be proposal, assent to the proposal, which transforms into a promise.
Promise + Consideration + Enforceable by law = Contract
(ii) Online contract represent the formation of series of contractual obligations in an online environment.
(iii) Electronic contract comprises of Successive events:
- e-offer
- e-acceptance
- consideration.
3. Business Software Patenting:
- Patent protects a process, while copyright protects expression.
- Big- e-commerce retailers, like amazon, price line and E-bay are going for patenting the backend software technologies of their front end operations.
4. E-Taxation:
- As E-commerce increased commercial transactions across national borders, the taxation issue has become of the most debated topics.
5. E-Governance:
- E-governance involves information technology enabled initiatives that are used for improving.
- The interaction between government and citizens or government and business – e-services.
- The internal government operations-e-administration and
- External interactions-e-society.
6. Cyber Crimes:
- Intentional use of Information technology by cyber terrorist for producing destructive and harmful effects to tangible and intangible property of others is called cyber crime.
Few definition related to the cyber crime are as follows:
1. Marc M Goodman says that a computer crime can be classified into three categories.
- As crime where computer is target
- Crimes where computer is the tool of the crime.
- Crimes where computer is instrumental.
2. Nandan Kamat says that since the internet is composed of computers, crimes occurring on the internet are computer crimes.
3. Suresh T Vishwanathan defines computer crime as:
- any illegal action in which a computer is a tool.
- Any incident associated with computer technology in which a perpetrator by intention made or could have made a gain.
- Computer abuse is considered as any illegal, unethical or unanthorised behaviors relating to the automatic processing and transmission of data.
Appeal to High Court (Section 62):
Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of such order.
Provided that the High Court may, if it is satisfied that the Appellate was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Confiscation:
Confiscation of computers or any accessories thereto (Section 76) provided fpr confiscation of any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provisions of this Act, rules, orders or regulations made thereunder has been or is being contravened.
However, where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found to be not responsible for the contravention of the provisions of this Act, rules, order or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorized by this Act against the person contravening the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.
Regulation of Certifying Authorities:
The Act has established a Certifying Authority to regulate the transactions related to electronic matters and these are explained below:
(a) Appointment of Controller and other officers (Section 17)
1. The Central Government may, by notification in the Official Gazette,
appoint a Controller of Certifying Authorities for the purpose of this Act and may also by the same or subsequent notification appoint such number of Deputy Controllers and Assistant Controllers s it deems fit.
2. The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government.
3. The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by the Controller under the general superintendence and control of the Controller.
4. The qualifications, experience and terms and conditions of service jf Controller, Deputy Controllers and Assistant Controllers shall be such as may be prescribed by the Central Government.
5. There shall be a seal of the Office of the Controller.
(b) Functions of Controller (Section 18) – The Controller may perform all or any of the following functions, namely :
- Exercising supervision over the activities of the Certifying Authorities;
- Certifying public keys of the Certifying Authorities;
- Laying down the standards to be maintained by the Certifying Authorities;
- Specifying the qualifications and experience which employees of the Certifying Authorities should possess;
- Specifying the conditions subject to which the Certifying Authorities shall conduct their business.
Adjudication:
(a) By adjudicating Officer:
Power to adjudicate (Section 46)
For the purpose of adjudging under this chapter whether any person has committed a contravention of any of the provisions of this Act or any rule, regulation, direction or order made thereunder the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent Officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.
(b) Cyber Appellant Tribunal:
The Act provides for the establishment of the Cyber Appellate Tribunal. Its establishment, composition, Jurisdiction, powers, procedures is as follows:
Establishment of Cyber Appellate Tribunal (Section 48)
1. The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal.
2. The Central Government shall also specify, in the notification referred to in sub-section (!), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction.
Composition of Cyber Appellant Tribunal (Section 49):
A Cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as the Residing Officer ol the Cyber Appellate Tribunal) to be ” appointed, by notification, by the Central Government.
Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal (Section 50) : A person shall not be qualified for appointment as the presiding Officer of a Cyber Appellate Tribunal unless he –
- Is, or. has been or is qualified to be, a Judge of a High Court.
- Is or has been a member of the Indian Legal Service and is holding or has held a post in Grade I of that service for at least three years.
Term of Office (Section 51)
The Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
Appeal to Cyber Appellate Tribunal (Section 57)
1. Save as provided in sub-section (2), any person aggrieved by an order made by Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction in the matter.
2. No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties.
3. Every appeal under sub-section (1) shall be filed-within a period of twenty five days from the date on which a copy of the order made by the Controller or the adjudicating officer is received by the person aggrieved and it shall be in such form and be accompanied by such fee as may be prescribed.
Multiple Choice Questions
Question 1.
Technology has helped in creating :
(a) Machine – clone
(b) Machinery
(b) Gadgets
(d) None of these
Answer:
(a) Machine – clone
Question 2.
William Gibson’s Neuromancer was published in ________.
(a) 1990
(b) 1920
(c) 1984
(d) 2000
Answer:
(c) 1984
Question 3.
The word Cyberspace was first appeared in ________
(a) Window XP
(b) Neuromancer
(c) Electronic device
(c) Internet
Answer:
(b) Neuromancer
Question 4.
‘Cyberspace’ as the notional environment in which communication over computer networks occurs; is defined in ________.
(a) New English Dictionary
(b) Dictionary
(c) Modern English
(d) The New Oxford Dictionary
Answer:
(d) The New Oxford Dictionary
Question 5.
Cyber space is a ________ medium.
(a) Virtual
(b) Basic
(c) Wireless
(d) None of these
Answer:
(a) Virtual
Question 6.
Full form of DNS is:
(a) Domain Name Server
(b) Decent Name Server
(c) Domain Naming Server
(d) Domain Name Service
Answer:
(a) Domain Name Server
Question 7.
Full form of IP is:
(a) Internet Portal address
(b) Internet Provider access
(c) Internet Portal access
(d) Internet Provider’s address
Answer:
(d) Internet Provider’s address
Question 8.
India is the 12th nation In enactment of cyber law with _______
(a) Time
(b) Information technology Act, 2000
(c) IP
(d) DNS
Answer:
(b) Information technology Act, 2000
Question 9.
Digital signature, like written signature, used to provide authentication of the associated input, usually called as _______.
(a) Epistol
(b) Letter
(c) Message
(d) SMS
Answer:
(c) Message
Question 10.
The _______ and _______ are unique to the subscriber and constitute a function key pair.
(a) Public and Internet
(b) IP and DNS
(c) Private and government
(d) Private Key & Public key
Answer:
(d) Private Key & Public key
Question 11.
Statutes which govern online criminal liability include:
(a) Information Technology Act, Indian Contract Act, Law of Torts
(b) Indian Penal Code
(c) Information Technology Act & Indian Penal Code
(d) Information Technology.
Answer:
(c) Information Technology Act & Indian Penal Code
Question 12.
An appeal for the order of Cyber Appellate can be filled in:
(a) Supreme Court
(b) Court with the jurisdiction
(c) High Court
(d) Both High Court & Supreme Court
Answer:
(d) Both High Court & Supreme Court
Question 13.
There are _______ no. of member Cyber Appellate Tribunal.
(a) One Member
(b) Two Members
(c) One or more members
(d) Composition decided by central government
Answer:
(a) One Member
Question 14.
It is a notional environment in which communication over computer networks occur.
(a) Cyber Crime
(b) Cyber Law
(c) Cyber Space
(d) None of the above
Answer:
(c) Cyber Space
Question 15.
Cyber crime is generally used to describe _______ in which computer or/and network is a tool, a target, or a place of criminal activity.
(a) Criminal Activity
(b) Cyber Crime
(c) Crime
(d) (a) & (b)
Answer:
(a) Criminal Activity
Question 16.
This is not the crime under individual property _______.
(a) Computer vandalism
(b) Transmitting virus
(c) Netrespass
(d) Distribution of pirated software
Answer:
(d) Distribution of pirated software
Question 17.
The crime against society is :
(a) Harassment via e-mail
(b) Cyber – stalking
(c) Trafficking
(d) E-mail spoofing
Answer:
(c) Trafficking
Question 18.
The scope and relevance of cyber law touches those areas which have a _______.
(a) Technological bend
(b) Energy
(c) Crime
(d) Cyberspace
Answer:
(a) Technological bend
Question 19.
The full form of (UNCITRAL) is :
(a) United Nations Commission on International Trade Law
(b) United National Commission on International Trade Law
(c) Union Nation Commission on International Trade Law
(d) None of the above.
Answer:
(a) United Nations Commission on International Trade Law
Question 20.
Legal Recognition of digital structure comes under:
(a) Section 1
(b) Section 5
(c) Section 4
(d) Section 2
Answer:
(b) Section 5
Question 21.
Penalty for hacking of computer system includes _______.
(a) Punishment for imprisonment up to three years or with a fine which may extend up to two lakh or both
(b) Punishment for imprisonment of three years or with a fine which may extend up to two lakh or both
(c) Punishment for imprisonment of five years or,with a fine which may extend of two lakh or both
(d) Punishment for imprisonment up to three years and with a fine which may extend up to two lakh
Answer:
(a) Punishment for imprisonment up to three years or with a fine which may extend up to two lakh or both
Question 22.
Cyber Appellate Tribunal consist of ________.
(a) One member
(b) Two members
(c) One or more members
(d) Composition decided by the central government
Answer:
(a) One member
Question 23.
The Presiding officer of Cyber Appellate Tribunal holds office for _______.
(a) A period of six years or until he attains the age of sixty five whichever is earlier
(b) A period of five years or until he attains the age of sixty six whichever is earlier
(c) A period of four years or until he attains the age of sixty five whichever is earlier
(d) A period of five years or until he attains the age of sixty five whichever is earlier
Answer:
(d) A period of five years or until he attains the age of sixty five whichever is earlier
Question 24.
The presiding officer can me removed on the ground of _______.
(a) Misappropriation of assets
(b) Proved misbehaviour or incapacity
(c) Both (a) and (b)
(d) Either fa) or (b)
Answer:
(b) Proved misbehaviour or incapacity
Question 25.
An appeal for the order of Cyber Appellate Tribunal can be filed in _______.
(a) Supreme Court
(b) High Court
(c) Court with the jurisdiction
(d) Both High Court and Supreme Court Answer:
Answer:
(b) High Court
Question 26.
Cyber space is a ________ medium.
(a) Physical
(b) Virtual
(c) Digital
(d) Virtual & Digital
Answer:
(b) Cyber Space Virtual medium. It has no boundaries, no geographical mass or gravity.
Question 27.
Which of the following is associated with Cyber law?
(a) David J. Hickton
(b) Alfred Marshall
(c) Adam Smith
(d) David Ricardo
Answer:
(a) David J. Hickton contribute a lot to cyber law.
Question 28.
Cyber Space is:
(a) Inter connected digital Technology,
(b) Space between two internets
(c) Telecome Network
(d) None of these
Answer:
(a) Cyber space is meant to the inter connected digital technology.
Question 29.
Cyber Crime not include:
(a) Physical force/attack
(b) Intellectual Property Rights
(c) Hacking and disclosed privacy
(d) None of these
Answer:
(a) Cyber crime include backing and disclose privacy, Intellectual property rights, privacy infringement etc. Thus, option (a) is correct.
Question 30.
Matter related to cyber crimes can heard at ________.
(a) District Court
(b) High Court
(c) Supreme Court
(d) All of these
Answer:
(c) Cases related to cyber crime are heard by Supreme Court.
Question 31.
Who act a repository of all Digital Signature Certificates (DSC) issue under. It Act, 2000.
(a) Controller
(b) Adjudicating Officer
(c) Cyber Appellate Tribunal
(d) Any of these
Answer:
(a) The controller acts as a repository (a storehouse, i.e. who will maintain and authenticate and complete information) of all digital signature certificates.
Question 32.
Cyber Space _______.
(a) It is a physical world
(b) It is a massive space
(c) it is a digital medium. It has no fixed shape
(d) Any of these
Answer:
(c) Cyber space is a virtual / digital medium having no boundaries, no geographical mass hence no fixed shape.
Question 33.
What is the penalty for publishing Digital Signature Certificate false in certain particulars:
(a) Imprisonment of 2 years or with fine of 1 lakh or both
(b) Imprisonment of 3 years or with fine of 1 lakh or both
(c) Imprisonment of 2 years and with fine of 1 lakh
(d) Imprisonment of 4 years or with a fine of 3 years or both
Answer:
(a) Section 73 (2) provides that any person who contravenes the provisions of sub-section (1) shall be punished within imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
Question 34.
Match the following:
| (a) Computer Vandalism | (i) Against Society |
| (b) Trafficking | (ii) Against individual |
| (c) Staking | (iii) Against organisation |
| (d) Distribution of Pirated Software | (iv) Against individual property |
Answer:
| (a) | Computer Vandalism | (iv) | Against individual property |
| (b) | Trafficking | (i) | Against society |
| (c) | Staking | (ii) | Against individual |
| (d) | Distribution of Pirated Software | (iii) | Against organisation |
Here, the cyber crimes are classified as on the basis of
(a) subject of crime
(b) against whom crime is committed.
Question 35.
Digital Signature is issued to:
(a) Subscriber
(b) Certifying Authority
(c) Government
(d) Controlle
Answer:
(a) The digital signature certificate is a secure digital key that is issued by the certifying authorities to the subscribers [Section 2(1) (Zh)] for the purpose of validating and certifying the identity of person holding this certificate. It makes use of asymmetric crypto system to create signatures.
Question 36.
When one is not satisfied with decision of Adjudicating Officer he can apply to whom?
(a) CAT
(b) High Court
(c) Supreme Court
(d) Controller
Answer:
Every appeal under Section 57(1) shall be filed within a period of 25 days from the date on which a copy of the order made by controller or adjudicating officer is received by person aggrieved at’t shall be in such form and be accompanied by such fee as may be prescribed by Cyber Appellate Tribunal.
Question 37.
Cyber-law environment is ________.
(a) Notional
(b) Physical
(c) Ethical
(d) None of above.
Answer:
(a) Cyber Law is a notional or a virtual environment while dealing with some serious problems of internet, there is need of cyber law to govern the new virtual world. They are made to lesser the legal issues for the future. The cyber law also referred as “law of internet”.
Question 38.
Key to create a Digital Signature _______.
(a) Public key
(b) Private key
(c) Government key
(d) I.N.S key
Answer:
(b) The key which is used to create the digital signature is private key. [Section 2(1)(ZC)]. Private key is a part of secure key pair i.e. Asymmetric crypto system in which private key is used to create and public key is used to verify digital signature created.
Question 39.
Qualifications of CS in Cyber Law Appellate Tribunal?
(a) 15 years
(b) 5 years
(c) 10 years
(d) 30 years
Answer:
(a) A Company Secretary in practice is eligible to become a Technical member of National Company Law Tribunal if he is practising for at least 15 years, according to Qualifications of Tribunal (Section 409).
Question 40.
Act extend to whole of India including Jammu and Kashmir is given in:
(a) Article 253 of Cyber Law
(b) Article 151 of Contract Act
(c) Article 141 of Contract Act
(d) None of these.
(a) According to Section 1 (2) provides that Cyber Law Act extends to whole of India, including Jammu and Kashmir. To extend the provisions of Act to Jammu and Kashmir, Article 253 of the constitution is used.