Answer 1.

It is a case of Defaming Mr. ABC and lower down his image in public by uploading the objectionable
video by his secretary. So in that case he will get remedies under E-Commerce law.

ISP liability

Being an intermediary under the IT act, as ISP is exempted from increasing any liability arising out of any
information, data or communication link provided by third party and made available or hosted by
intermediary, provided the set ISP can establish that:

1. The offence or contravention was committed without its knowledge;

2. The function of the intermediatry was limited to providing access to and communication system over
which information made available by third parties is transmitted or temporarily stored or hosted;

3. The intermediary did not initiate the transmission select the receiver of the transmission and select or
modify the information contained in the transmission.

4. The intermediate exercise diligence while discharging its duties under IT Act to prevent the
commission of such offence or contraventions.

Data protection and privacy

While personal data has not been defined the IT Act, information technology (reasonable security
practices and procedures and sensitive personal data or information) Rules 2011 (the IT rules) framed
Define personal information as any information that relates to a natural person and that directly or
indirectly, is capable of identifying such person.

Further, data protection bill also defines personal data as data about or relating to a natural person who
is directly or indirectly identifiable having regard to any characteristic attributes or any other feature of
The Identity of such natural person or any combination of search feature or any combination of such
feature with any other information.

Further it rules define sensitive personal data or information as personal information that consists of
information relating to

1. password

2. financial information such as bank account credit card debit cards or other payment instrument
details

3. physical psychological and mental health condition

4. sexual orientation

5. medical records and history

7. any detail relating to the above was provided to body corporate for providing services.

Assuming that the website provider is an intermediatry and the IT Act.

Under IT Act and it into three rules and independent a tree is required to observe due diligence and
discharging its duties that, inter alia, requires publishing of the rules and regulation, privacy policy and
user agreement for access or uses for the intimidatory computer resource by any person.

As in this case Mr. ABC's Google account was used without him knowing and that is the data security
problem by the end of google. As their privacy policy says to protect data of every user and not let
anyone go through the things which a person keeps for himself and keep it private, but in this case it
was a breach as ABC's secretary has download the video from google drive without his knowledge.

He can sue the Google for not protecting his privacy and got humiliated in public as he was shown in
objectionable position after the video was morphed. He can get the compensation and he can have the
compensation for the mental trauma that he has faced by that act.

The 2017 Landmark decision reached in K S Puttaswamy and ANR vs Union of India, the supreme court
provided the right to privacy the status of a fundamental right protected under the Indian Constitution
there by implying that no person can be deprived of such right except by the due process tabulation
does law. While delivering its judgement the supreme court case of discuss the concept of right to be
forgotten.

The draught data protection bill was presented to the ministry of Electronics and information
technology on 27 July 2018. It 6 to protect the autonomy of individuals with respect to their personal
data specified norms of data processing by entities using personal data and set up a regulatory body to
oversee data processing activities. However the data protection bill receipt to be introduced in the
legislation.

Legal Action

Section 67 and 67a of the IT Act prohibited the publication and distribution of obscene and sexually
explicit material respectively, while 67B forbids all publications, distribution, facilitation and
consumption in any manner of sexual content. Section 66E of the same act deals with punishment for
violation of privacy and explicitly for bids capturing publishing or transmitting the image of a private area
of a person without his or her consent.

In cases where the victims nude aur obscene photos are uploaded without consent the accused is
booked under different section of IT Act and the Indian Penal Code. Also the subject can book cases of
defamation under section 500 and 506 of IPC and section 66e and 67a under IT Act now to provide legal
remedies under which one can charge the accused.
Privacy is one of the most important subject and has to be taken care of with Internet users multiplying
every. The word is becoming an answer for a place to live by the passing of each day for stop the key to
avoid becoming a victim is not to get into such situation in the first place. Regardless of home you are
you do have a legal research course if someone post image of video of you without your consent.

Answer 2.

Formation of E-Contract

Definition- contract is a legally binding agreement between two or more persons by which rights are
acquired by one or more acts or forbearance on the part of other or others. E contract is it any kind of
contract formed in the course of e-commerce by an interaction of two or more individuals using a
electronic means such as e-mail the interaction of an individual with an electronic agent such as
computer program or the interaction of at least two electronic agent that are programmed to recognise
the existence of a contract.

Basic forms of E - Contract

1. Click-wrap Or web-wrap Agreements-

These are the agreements which we generally come across was surfing internet such as" I agree" to term
or "I disagree" to the above conditions. Now let us see the The peculiarities of these contracts and the
specific Industry that put it to use. First and foremost The Click wrap agreement. Click the agreements
are those where by a party after going through the terms and conditions provided in the website or
program has to typically indicate his assent to the same by way of clicking on I agree or decline the same
by clicking I disagree. These type of contracts are extensively used on the Internet whether it be granting
of a permission to access this site or downloading of software of selling something by way of a website
for stop the case of web trip or clickwrap contract is different as such contracts are form justice
instantaneously the main difference between clickwrap contracts and emails is that communication
between web client and server like emails is instantaneous. The best way to imagine the transfer of data
between computers is to treat it as a telephone conversation just one between computers rather than
individuals.

2.The shrink-wrap Agreements-

These are the agreement generally contains the CD-ROM of the software first of the terms and
conditions are printed on the cover of CD-ROM. Sometimes additional e-term are imposed when is such
licence appears on the screen when the CD is downloaded it to the computer first of the user has right
to determine if the new term and conditions are not his liking. In the validity of the shrink wrap
agreement first came up for consideration in the famous case of pro CD Inc. versus zeidenberg, where it
was held that the very fact that purchaser after reading the terms and conditions of the licence featured
outside the wrap licence opens the cover coupled with the fact that he accept the whole terms of the
licence that appears on the screen by a keystroke constitutes. Communication of an offer or acceptance
in the web click mode is complete when the address is in receipt of electronic record as defined in
section 13(2) of the IT Act.

3.Electronic Data Interchange-

These contracts used in trade transaction which enables the transfer of data from one computer to
another in such a way that each transaction in the trading cycle (for example the missing from the
receipt of an order from an Overseas by a through the preparation and lodgment of export and other
official documents leading will surely to the shipment of the goods) can be processed with Virtually no
paperwork. Here and like the other two there is change of Information Act completion of contact
between two computers and not an individual and the computer.

E-Contract formed online

In India all Cyber Law contained in the information technology act, 2000. The Act was made to provide
the legal infrastructure of for E-Commerce in India. One of the unique features of the act is that it
promotes the use of digital signatures for the growth of e- commerce and e -governance.

Additional concept of contract provides the foundation to all types of valid and enforceable contract
keeping in view the meeting of definition of contracts as, all agreements are contract if they are made
by the free ascent of parties competent to contract, for lawful consideration and with the lawful object
and are not there be expressly declared to be void the term contract would be include invitation
standard and invitation to tender and acceptance thereof. An electronic contract is an agreement
created and signed in electronic form in other word no paper or other hard copies are used for. For
example, you write the contract on your computer and email it to a business associate and the business
associate emails it back with an electronic signature indicating a acceptance.

While much of the contract formation discussion resolve around the use of Computer technology as a
mean of communication by contracting parties, are far more difficult issue is beginning to emerge with
the mission of the contract in process is self. Tradition contact Doctrine centre on the requirement of a
meeting of their mind. The involvement of two or more people negotiating with the face to face or
through some means of communication is an underlying assumption first of our modern technology is
evolving with the goal of creating human involvement in transactions. How traditionally contract will
accommodate situation where the only mines that needs our program computer system is a certain. For
transactions cord by the international sale of goods act, the mailbox rule does not apply. Instead that set
out that the acceptance of an offer becomes effective at the moment the indication of assent reaches
the offer or to protect consumer from potential abuses electronic versions of the following documents
are invalid and unforeseeable.
Case

Professor Amices Mahapatra case

Professor Amices Mahapatra was arrested on account of forwarding of cartoon on Facebook. For the
Ravi Srinivasan to case should have a complaint a person tweet could be pot within the Ambit of section
66a of the amendment Indian Information Technology Act 2000.

K V Rao case

Two men KV Rao and Mayank from Mumbai were arrested for allegedly posting offensive comments
against some leader on their Facebook group. The advent of the internet transmission of Information
and transition of business across borders where is issues related to cyberspace have cropped up only the
front. Some of the major issues at determination of production, cybercrime, intellectual property, cyber
forensic, E-Commerce, electronic evidence privacy and contract. One of the greatest lacunas for
resolving these issues are the absence of comprehensive law anywhere in the world. The problem is
further aggravated due to the proposal growth ratio of Internet and cyber lawl. Though the beginning
has been made by the enactment of IT Act, and amendment made to Indian penal code, Indian Evidence
Act, etc; problem associated with the regulation of cybercrime continues to purchase contract as well
suited to facilitate their reengineering of business process occurring at many forms involving a
composite of Technologies process and business strategies that it's still student exchange of
information.

Answer 3.

Short Notes

(A) E-Commerce and consumer protection Issues

The Ministry of Consumer Affairs, Food and Public Distribution has recently notified the consumer
protection act 2019, and the consumer protection( E-Commerce) rules, 2020. The CPA 2019 introduce
significant changes to the 1986 law, to address unique issue arising in this era of its realisation and e-
commerce. The E-Commerce rules provides a framework to regulate the marketing sales and purchase
of goods and services online.

Scope and application

The e-Commerce Rules apply to-

1. All goods services brought or sold over digital or electronic network including digital products.

2. Marketplace E-Commerce entities and inventory E-Commerce entities.

4. All form of unfair trade practices across all models of e-commerce.

Implications for B2C and B2B entities

The CPA 2019 and e-commerce rules cover consumer purchases. The term 'consumer' is defined under
the CPA 2019 as any person who buys goods or services for consideration but excludes any person who
makes a purchase for commercial use with the exception of goods bought for the purpose of earning
livelihood by means of self employment. There for the CPA 2019 And The E-Commerce rule do not
typically govern purchase made by companies for their commercial operation. Given this soul
partnerships and entrepreneurs are not excluded from the definition of consumer. If any consumer on a
purely B2B platform were to purchase goods and services for self employment they would be
considered consumer and the B2B platform would be liable Under The E-Commerce rule to the extent of
such a sale.

The E-Commerce rules introduced the concept of a user which has a wider definition then consumer and
include any person who purchases or revise any computer resource of an E-Commerce entity. Given that
the CPA 2019 includes body corporate within the meaning of a person a user may include an individual
as well as companies. In addition to their application in respect of consumers E-Commerce entities are
required to provide specific information to users regarding the sellers on their platform the goods or
services available on the platform and the payment method available on the platform. Therefore while
the CPU 2019 and e-commerce rule intended to only govern consumers the reference to a users gives
rise to ambiguity quality as to whether pure B2B E-Commerce entities are also required to provide the
specified information to users were not classified as consumer.

Presence in India

The E-Commerce rule specifically recognise and govern entities that are not established in India but
systematically offer goods and services to consumers in India such as Offshore online Marketplace. The
E-Commerce rules required such a E-Commerce introduced to have;

(a) a company incorporated in India,

(b) A company incorporated outside India which has the place of business in India including through
electronic mode and conduct any business activity in India,

(c) An office, branch, agency outside India owned or controlled by a person resident in India. E-
Commerce entities must also point and Indian resident as a nodal person of contract to ensure
compliance with this CPA 2019.
This provision appears to be a move to ensure regulatory and enforcement control over foreign entities
who offer goods and services in India and is in line with similar classification under the personal data
protection bill 2019, which extent is capability to foreign entities to carry on business in India.

(B)

E-Commerce and Right to Privacy

The right to privacy and protection of personal data in e-commerce are raised when the personal data of
consumer are collected by the website owners in the online transaction. When the consumer provide
personal information and credit card number they expect such information to be kept properly and
protected. However, in some cases the data collectors have used such information for a unspecified
purpose including selling the personal data to a third party.

In this regard it is important for each and every individual to maintain his privacy right over his personal
data. The consumer must ensure that there is a proper protection on the data and on thier online
communication with the businesses. Hence, the governing laws would include not only The E-Commerce
law and the privacy law but also the communication law, media law and the consumer law.

Need of protection of E- Commerce

In India the government has promoted E-Commerce aggressively which is indirectly of promotion of
consumer activities, focusing especially on the delivery of services but the legal control for the online
sale of goods have it to catch up with those for conventional shopping.

Jurisdictinal concerns

In any dispute, one of the primary issues that the court determines whether or not the said Court has
jurisdiction to try the dispute, the court must have both the jurisdiction over the parties involved in the
disputeand territorial jurisdiction. With the increased use of the internet it became impossible to be
restricted in terms of traditional concept of territory and thus the complications in determining the
jurisdiction is a problem according to the traditional rules of Jurisdiction determine the code in a country
has jurisdiction over individual who are within the country and to the transaction and event that occurs
within the natural borders of the nation.

Information Technology Act, 2000

Section 1(2) of the information technology act read along with section 75 of the IT act provides that;

that shall extend to the whole of India and save as otherwise provided under the act it shall apply also to
any or contravention there under committed outside India by any person and;
that shall apply to any of sensors for contravention committed outside India by any person is the act or
conduct the institute the offence for contravention involves a computer, computer system or computer
network located in India.

Indian Penal Code, 1869

Section 3 of the Indian penal code 1860 and provides that any person who is liable by any Indian law to
be tried for an offence committed be on India shall be dealt with according to this provision of IPC for
any act committed beyond India in the same manner as if such act had been committed with in India.

Privacy

Foreign E-Commerce platform it is almost difficult to complete any online transaction without collecting
some form of personal information of the user such as detail about their identity and financial
information. Hands and important consideration for every E-Commerce platform is to maintain the
privacy of its users first up to primary concerns that use health of a eCommerce platform would have
are:

(1) unauthorised access to personal information.

(2) misuse of such personal information.

Historically the concept of privacy and data protection were not addressed in any Indian legislation. In
the absence of a specific legislation the Supreme Court of India in the cases of Kharak Singh vs state of
Uttar Pradesh and the People's Union of civil liberties vs Union of India recognised that the right to
privacy a subset of a larger right to life and personal liberty under the article 21 of the Constitution of
India. However right under the constitution can only be exercised under the state action. Non state
initiate violation of privacy may be dealt with under the principle of torts.

The IT Act deals with the concept of violation of privacy of a person is team to be violated very much of
a private body areas are captured published or transmitted without her consent in circumstances where
she would have a reasonable exception of privacy.