Unit - I Intro. To Cyber Laws and Cyber Space - All
Unit - I Intro. To Cyber Laws and Cyber Space - All
Unit - I Intro. To Cyber Laws and Cyber Space - All
ILBA501
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01/07/2020
UNIT – I:
Introduction to
Cyber Laws and Cyber Space
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Cyber Law
In today’s world of cyberspace which is largely dependent upon
the internet and use of technology, the incidents of cyber crime
have increased.
To protect one from the cybercrime, there was a need for cyber
laws and so, the implementation of cyber laws in India began in
the year 2000, with the IT Act as an introduction to Indian Cyber
Law.
The laws governing the crimes of the virtual world or the
cyberspace are popular as Cyber laws in India.
Definition of Cyber-laws states that it's a subset of law which
specifically deals with the inter-network technology.
Meaning cyber law of India deals with the crime done through a
computer or any other digital device.
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Cyber Law
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Cyber Law
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Cyber Law
Along with the progression in technology it is similarly important to
be aware of cyber-crime and other related issues thereof. The cyber
safety depends on the knowledge of the technology and the care
taken while using internet and that of the defensive measures adopted
by user and servers systems.
Cyber law portrays the legal issues associated with the use of
communications technology, mainly "cyberspace", i.e. the Internet. It
is a junction of numerous legal fields, including intellectual property,
privacy, freedom of expression, and jurisdiction.
It is established that cyber law applies to regulations designed for the
physical world, to human activity on the Internet.
Cyber law basically deals with almost all aspects of transaction and
activities concerning Internet, World Wide Web and Cyberspace in
India.
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Cyber Law
IT Acts in India include data, information, computer and computer
network as a part of the cyber crime.
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Importance of Cyber Law in India
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Cyberspace:
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Netizens:
The term Netizen is a portmanteau (dividing) of the English words Internet and citizen as in
"citizen of the net". It is defined as an entity or person actively involved in online communities
and a user of the Internet, especially an avid one. The term can also imply an interest in
improving the Internet, especially in regard to open access and free speech. Netizens are also
commonly referred to as cybercitizens, which has the same meaning.“
Cyber law has initiated notion of netizens. A Netizen is an occupant of the worldwide world.
He is the one, who inhabits the Net and uses it as an extension of his day-to-day physical
world. He reproduces his physical world actions, such as socializing, buying, and selling
through online medium. He goes beyond geographical space and time by a click. He identifies
no man-made or geographical boundaries. Netizen could be nameless, nameless and faceless
person, if he wants to and yet can indulge in various internet activities.
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Origin/History & functioning of
internet
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Origin of internet
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Origin of internet
ARPANET adopted TCP/IP on January 1, 1983, and from
there researchers began to assemble the “network of networks”
that became the modern Internet.
The online world then took on a more recognizable form in
1990, when computer scientist Tim Berners-Lee invented the
World Wide Web.
While it’s often confused with the Internet itself, the web is
actually just the most common means of accessing data online
in the form of websites and hyperlinks.
The web helped popularize the Internet among the public, and
served as a crucial step in developing the vast trove ( store of valuable
or delightful things ) of information that most of us now access on a
daily basis.
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History Of The Internet
Introduction
By definition the “Internet” is a worldwide, publicly accessible
series of interconnected computer networks that transmit data by
packet switching using the standard Internet Protocol.
How did this technology come to be so popular and so widely
used around the world ?
Was it always so large and extensive, filled with information
about just about anything you can possibly imagine and
accessible from almost anywhere, anytime ?
The answer is no and it is important to understand where it
came from to understand how to utilize it to its fullest potential
now.
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History Of The Internet
Creation
regain the lead in technology from the Soviet Union which had
Over the course of the decade, the Internet successfully accommodated the
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History Of The Internet
Today’s Internet
Indeed, the Internet has severely matured since its birth many years ago.
Today almost 1.5 billion people use the Internet. That’s almost a quarter of
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History Of The Internet
Today’s Internet
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History Of The Internet
Today’s Internet
One of the most common uses people have for the Internet is the World Wide Web. Whenever
you say you are “on the Internet” you are using the World Wide Web.
When you are surfing the Internet through different pages you are moving through the World
Wide Web. However, that is not the only use for the Internet.
E-mail is another very popular use for the Internet. Internet e-mail may travel and be stored
unencrypted on many other networks and machines out of both the sender’s and the recipient’s
control.
Remote access is another very common use for the Internet. The Internet allows computer users
to connect to other computers and information stores easily, wherever they may be across the
world. (team viewer / Anydesk)
File sharing is also popular. It allows people to send files through e-mail, FTP, peer-to-peer
networks,
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Functioning of Internet
The Internet is a collection of standalone computers (and computer
networks in companies, schools, and colleges etc.) all loosely linked
together, mostly using the telephone network.
What does the Internet do?
The Internet has one very simple job: to move computerized
information (known as data) from one place to another. That's it!
The machines that make up the Internet treat all the information they
handle in exactly the same way.
In this respect, the Internet works a bit like the postal service. Letters
are simply passed from one place to another, no matter who they are
from or what messages they contain. The job of the mail service is to
move letters from place to place, not to worry about why people are
writing letters in the first place; the same applies to the Internet.
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Functioning of Internet
Communication
Research
Education
Financial transactions
For Updates
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Functioning of Internet
Communication:
Internet now being a main communication tool. Using video
conferencing, internet phone, Messenger, email etc.
Research:
In order to do research you need to go through hundreds of books as well
as the references and that was one of the most difficult jobs to do earlier.
Research is one such thing which has got lots of benefit from this
evolution of internet.
Education:
Education is one of the best things that the internet can provide.
There are a number of books, reference books, online help centres,
expert’s views and other study oriented material on the internet that can
make the learning process very easier as well as a fun learning experience.
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Functioning of Internet
Financial transactions:
Financial transaction is the term which is used when there
is exchange of money.
With the use of internet in the financial transaction, your
work has become a lot easier.
With the ability to do the financial transaction easily over
the internet you can purchase or sell items so easily.
For Updates:
For updating of all information
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Cyber World
and
the rule of Law in Cyber World
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Cyber World
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About the Cyber World
Internet.
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About the Cyber World
Examples of cyberspace interactions are:
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About the Cyber World
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Characteristics of Cyberspace
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Meaning of Rule of Law
The Rule of Law is linked to the protection of fundamental
rights.
The nearly permanent and ever more extensive processing of
data by the public and private sectors easily results in violations
of the fundamental right to privacy and the right to fair and
legitimate processing of personal data.
The function of the legislature in a free society under the Rule of
Law is to create and maintain the conditions which will uphold
the dignity of man as an individual. This dignity requires not
only the recognition of his civil and political rights but also the
establishment of the social, economic, educational and cultural
conditions which are essential to the full development of his
personality .
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Rule of law in Cyber World
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Rule of law in Cyber World
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Rule of law in Cyber World
The rule of law is a system of rules and rights that enables fair and
accordance with the law and exercise rights and responsibilities in line with
the law. It affirms the supremacy of the legal system over all individuals and
J. Raz asserts that the rule of law comprises of two broad categories
(1) that people should be ruled by the law and obey it, and
(2) that the law should be such that people will be able to be guided by
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it.
Rule of law and cyber security
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Rule of law and cyber security
Cyber security “is the collection of tools, policies, security concepts, security
practices, assurance and technologies that can be used to protect the cyber
cyberspace.
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Significance of Law in Dealing with
Challenges Faced by Cyber World
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Need of Cyber Law
with a gun.
to do more damage
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Significance of Law in Dealing with
Challenges Faced by Cyber World
One of the biggest challenges facing the Cyber world was that if
it was not regulated by Rule of Law, it would have turned into a
virtual jungle where might is right.
Further, countries slowly realized the significance of Cyber
space as in the early years the countries were not yet interested in
the development of cyber space.
It was primarily the private sector which led to the development
of cyber space, e-commerce and electronic governance, as
phenomenal instruments.
It is only when the Pvt. sector demonstrated without any
interference from the Government that cyber space can be used
for human advancement, that the Govts. of the world woke –up
to the significance of cyber space.
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Significance of Law in Dealing with
Challenges Faced by Cyber World
world.
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Significance of Law in Dealing with
Challenges Faced by Cyber World
While initial e-commerce regimes were taking root, it was felt
by the relevant stakeholders that there is a need for enabling a
legal framework for promoting e-commerce.
As such, the UNCITRAL (United Nations Commission On International
Trade Law) came up with the UNCITRAL model law on e-
commerce. Consequently, various national Governments came
up with their own national legislations. To deal with electronic
commerce and its propagation.
As cyber crimes are getting more and more prevalent and as new
kinds and manifestations of cyber criminal activities are coming
up, it became increasingly important that law will have to play
an important role for effectively regulating such cyber criminal
activities.
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Significance of Law in Dealing with
Challenges Faced by Cyber World
Further, since cyber crime was a trans-national criminal
activity , there was a need felt for coming up with
appropriate legal instruments which could effectively deal
with such trans-national criminal activity.
As such, the Convention on Cyber crime of the Council
of Europe was implemented , which has become the most
important and successful international treaty in the
context of cyber space and cyber crime.
The aforesaid developments have indicated in no unclear
terms that law plays an extremely critical and significant
role, while dealing with various legal and regulatory
challenges faced by cyber space and cyber world.
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Issues Of Jurisdiction
And
Applicable Law In Cyberspace
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Introduction
This topic deals with jurisdiction and applicable law with respect to computer
crimes and offenders.
The issue of jurisdiction of courts in crimes is perplexing in the cyberspace
world and computer crimes era. It is easier to sit in New Zealand and hack a
computer in Chandigarh and steal digital information than it would be for a
thief to physically steal something from the neighbourhood.
The digital world makes national and international borders a relic (historical
interest). Courts exercising jurisdiction on the basis of such national and
international borders are left aghast (filled with shock) by the speed and ease
with which a cyber-criminal moves from one jurisdiction to another with the
use of a mouse.
The issue arising out of such activities, at the foremost, contains that of the
jurisdiction of a court. Which court shall have the jurisdiction to entertain the
matter?
And then, which law shall be applicable in such cases?
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Introduction
In an online environment, the offender and the victim might reside in
different geographical locations governed by different procedural and
substantive laws – probably, in different countries.
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Objectives
• explain the term jurisdiction and discuss the importance of it in
cyberspace;
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Jurisdiction In Cyberspace
‘Jurisdiction’, as applied to a particular claim or controversy, is the power to hear and
determine that controversy.
The term imports authority to expound or apply the laws, and excludes the idea of power
to make the laws.
It refers to the right to adjudicate on a given point; the local extent within which the
court can and does exercise the right when ascertained.
The law relating to crimes would generally require that the courts within a state would
have jurisdiction to try and adjudicate upon all such offences committed by a person
within the territorial boundaries of such a court.
However, the exceptions have been created where even though, technically and strictly, the
offender might not have committed the crime on the soil of the country, yet the courts would
exercise jurisdiction over such an offender.
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Jurisdiction In Cyberspace
To fully appreciate and comprehend this issue, we first
need to understand
the jurisdiction issues arising in an offline environment in
India in criminal cases and
the body of law applicable to ascertain jurisdiction.
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Theories of Jurisdiction in Criminal Cases
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Theories of Jurisdiction in Criminal Cases
the theory that if an activity takes place within the territory of the
particular country, then the said country has the jurisdiction to regulate
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Theories of Jurisdiction in Criminal
Cases
Objective territoriality is invoked where the action takes place outside
the territory of the forum state, but the primary effect of that activity is
within the forum state.
Commonly known as the ‘effects’ doctrine is the situation , where the
action takes place outside the territory of a country, but the primary effect
of that activity is within the said country, it assumed jurisdiction.
For instance, a person from Pakistan shoots across the border and an
Indian is injured in the process. Though the action was initiated in
Pakistan, the effect was in India. Section 179 of the Code of Criminal
Procedure endorses the effects doctrine.
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General Jurisdiction in Computer Crimes
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General Jurisdiction in Computer Crimes
Thus, any computer crime committed, say, in Indore, would be tried by the
criminal courts in Indore itself.
However, computer crime, by its very nature, is capable of being committed
at more than one place at the same time.
For instance, a person sitting in Mumbai can hack into a computer at the
“Indian Institute of Science” at Bangalore through a proxy server located at
Kanpur. In such situations, the offence can be inquired into and tried by a
court having jurisdiction over any of such areas where the crime has been
committed.
Section 178 of the Code provides for this kind of a situation:
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General Jurisdiction in Computer
Crimes
Sec 178. Place of inquiry or trial.
Thus, based upon the subjective territoriality theory and the
above provisions of our criminal procedural law, the
requirement that
our courts should have jurisdiction to book persons found guilty
of committing crimes relating to computers within the territory
of India is well taken care of.
However, issues arise when someone is sitting across the border
and initiates a digital action which has a direct adverse
consequence within the territory of a state. The ‘effects’
doctrine (objective territoriality theory Sec 179 CPC)
assumes significance when offenders involved in cross-border
crimes are required to be put on trial.
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General Jurisdiction in Computer
Crimes
Sec 178. Place of inquiry or trial.
a) When it is uncertain in which of several local areas an
offence was committed, or
b) Where an offence is committed partly in one local area
and partly in another, or
c) Where an offence is a continuing one, and continues to
be committed in more local areas than one, or
d) Where it consists of several acts done in different local
areas, it may be inquired into or tried by a Court having
jurisdiction over any of such local areas.
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Application of ‘Effects’ Doctrine in
Computer Crimes
Also known as the ‘consequence’ or ‘terminatory’ theory, the principle is that
where an act is done abroad and the criminal effect is produced here, the crime is taken to be committed
here.
Both English and American courts have exercised this kind of extra-territorial jurisdiction.
For instance, in Simpson v. State, [92 Ga.41.17S.E.984(1893)],the victim was in a small boat near the Georgia
side of the wide Savannath River. Simpson, the defendant, stood on the opposite South Carolina Bank and fired
several shoots at the vessel. The bullets missed the boat but struck the water nearby.
The Supreme Court of Georgia held that jurisdiction attached with these circumstances and that Simpson could
properly be prosecuted in Georgia even though the defendant was clearly in another state at the time of shooting.
The location of the victim and the place where the bullets landed established the basis for the decision. In R. v.
Oliphant, [(1905) 2K.B.67] in which a man in Paris by false returns caused incorrect figures to be entered in the
account books of his firm in London, it was held that the office of false accounting was committed by him in
London.
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Application of ‘Effects’ Doctrine in
Computer Crimes
Under the Indian criminal law, section 179 of the Code of Criminal
“179.
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Applicable Law In Computer Crimes
75. Act to apply for offence or contravention committed
outside India.
1) Subject to the provisions of sub-section (2), the
provisions of this Act shall apply also to any offence or
contravention committed outside India by any person
irrespective of his nationality.
2) For the purposes of sub-section (1), this Act shall apply
to an offence or contravention committed outside India
by any person if the act or conduct constituting the
offence or contravention involved a computer, computer
system or computer network located in India.
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Applicable Law In Computer Crimes
The above two provisions make it clear that the offence,
though committed outside India, is punishable in India.
Thus, a Nepalese, sitting in Canada initiates a Distributed
Denial of Service involving computer networks in India to
obstruct Yahoo e-mail services, such a person, if put to
trial in India, can be found punishable under the IT Act.
Section 2 of the Indian Penal Code deals with punishment
of offence committed within India. This poses no
problem. If an illegal act concerning computers is
committed within India, it is the provisions of the Code
which would apply to such acts.
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Applicable Law In Computer Crimes
Section 3 of the Indian Penal Code reads as under: Punishment
of offences committed beyond but which by law may be tried
within India. Any person liable, by any Indian law, to be tried
for an offence, committed beyond India shall be dealt with
according to the provisions of this Code for any act committed
beyond India in the same manner as if such act had been
committed within India.
This section will apply in a situation where the accused, at the
time of committing the offence that he/she is charged with, is
amenable to Indian courts. Section 3 of the IPC has a broad
ambit and it extends to any person not necessarily a citizen of
India but governed by Indian law for acts committed beyond
India.
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Applicable Law In Computer Crimes
Section 4 of the Indian Penal Code, on the other hand, applies the
Nationality doctrine. It deals with acts and omissions of Indian
citizens abroad. It further regulates the action of any person
irrespective of his/her nationality, if such person happens to be on
a ship or aircraft registered in India. The section reads as under:
Extension of Code to extra-territorial offences.- The provisions of
this Code apply also to any offence committed by –
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it
may be.
Explanation – In this section the word “offence” includes every act
committed outside India, which if committed in India would be
punishable under this Code.
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Applicable Law In Computer Crimes
Thus, the provisions of the Code would apply if an Indian citizen
anywhere outside India commits any computer crime punishable
under the Indian Penal Code, like digital forgery or cyberstalking.
It is worth noting that the ‘applicability’ provisions of the
Information Technology Act and the Indian Penal Code are slightly
on different notes. The IT Act is broader and covers all such persons
whose action or omission might be an offence under the Act. This is
irrespective of their nationality or their geographical presence. On
the other hand, sections 2 and 3 of the Indian Penal Code are not as
vast in their applicability. Section 3 restricts itself to only such
persons who are liable to be tried within India by virtue of any
Indian law. Section 4 of the Code applies only to citizens of India
and any person who commits an offence while on any ship or
aircraft registered in India.
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International Treaties, Conventions and
Protocols Concerning Cyberspace
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Introduction
The laws of cyber laws constitute the laws and regulations administered
by national institutions together with the ones administered by
international, intergovernmental and international non governmental
organizations.
Several International agencies are active in matters relating to the
regulation of cyberspace and the media through which they execute these
regulations are international legal instruments like treaties, agreements,
conventions, charters, protocols, declarations, memoranda of
understanding, modus Vivendi (an arrangement or agreement allowing conflicting parties to
coexist peacefully, either indefinitely or until a final settlement is reached.) and exchange of notes.
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Introduction
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1) United Nations Commission On International
Trade Law (UNCITRAL)
One of the guiding factors during the drafting of the model law
was that the law should facilitate the use of electronic commerce
that is acceptable to states with different legal, social and
economic systems so as to significantly contribute to the
development of harmonious international economic relations.
The model law was intended to assist all states in framing
appropriate legislation governing the usage of alternatives to
paper-based methods of communication and storage of
information.
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United Nations Commission On International
Trade Law (UNCITRAL)
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2) World Summit On Information Society
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World Summit On Information Society
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World Summit On Information Society
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World Summit On Information Society
A Plan of Action was adopted in Geneva to give effect to the vision of an
inclusive information and communication society aimed at bridging the
digital divide and building digital solidarity.
The targets that were laid down in the action plan to be achieved by 2015
by all nations are listed below.
a) to connect villages with ICTs (information & communication technologies) and establish
community access points;
b) to connect universities, colleges, secondary schools and primary schools
with ICTs;
c) to connect scientific and research centres with ICTs;
d) to connect public libraries, cultural centres, museums, post offices and
archives with ICTs;
e) to connect health centers and hospitals with ICTs;
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World Summit On Information Society
g) to adapt all primary and secondary school curricula to meet the challenges
of the Information Society, taking into account national circumstances;
h) to ensure that all of the world’s population have access to television and
radio services;
j) to ensure that more than half the world’s inhabitants have access to ICTs
within their reach
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World Summit On Information Society
A Tunis Agenda for the Information Society was adopted along with a
Tunis Commitment that outlined the basis for the implementation and
follow-up of the Agenda.
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World Summit On Information Society
The agenda has further identified the strategy to meet the obligations of
the Geneva plan. There the agenda proposes to undertake efforts for:
a) mainstreaming and aligning national e-strategies, across local, national,
and regional action plans, as appropriate and in accordance with local
and national development priorities, with in-built time-bound measures.
b) developing and implementing enabling policies that reflect national
realities and promote a supportive international environment, foreign
direct investment as well as the mobilisation of domestic resources, in
order to promote and foster entrepreneurship, particularly Small,
Medium and Micro Enterprises (SMMEs), taking into account the
relevant market and cultural contexts. These policies should be reflected
in a transparent, equitable regulatory framework to create a competitive
environment to support these goals and strengthen economic growth.
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World Summit On Information Society
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World Summit On Information Society
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World Summit On Information Society
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World Summit On Information Society
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5) World Trade Organization
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5) World Trade Organization
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6) World Intellectual Property Organization
WIPO, the Geneva based World Intellectual Property Organization has
a worldwide coverage with179 member states.
The purpose of WIPO is to “to promote the protection of intellectual
property throughout the world through cooperation among states”.
(Art. 3 WIPO Convention).
WIPO is the forum for international IP policy making, development
and administration of the 23 international treaties of which it is the
custodian.
Migration of intellectual property to the digital world, IP being ideally
suited to digitization, is the order of the day. IP on the net is vulnerable
because infinite number of perfect copies can be made and easily
distributed through digital networks worldwide. There is therefore
understandably a need to protect internet content including
information, music, software, films, business methods, databases, etc.
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6) World Intellectual Property Organization
Among the IP Issues on the Internet, the problem of the
abusive registration of trademarks as domain names
known in other words as cyber squatting is one of the
areas that the WIPO addresses.
The WIPO works through Uniform Domain Name
Dispute Resolution Policy adopted by ICANN, and
provides the services of a Domain name registrar.
It also provides for alternative dispute resolution services
through its Arbitration and Mediation centre.
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6) World Intellectual Property Organization
Significant issues in the field of copyright have been examined for a
number of years through various public and private processes, at
WIPO and other international organizations, and at national and
regional levels.
Significant progress has been made, with international consensus
having already emerged on some of these issues.
In 1996, two treaties were adopted by consensus by more than 100
countries at WIPO:
1. the WIPO Copyright Treaty (WCT) and
2. the WIPO Performances and Phonograms Treaty (WPPT) (commonly
referred to as the “Internet Treaties”).
The treaties, each having reached their 30th ratification or accession,
both have entered into force: the WCT on March 6, 2002, and the
WPPT on May 20, 2002.
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6) World Intellectual Property Organization
The WIPO Internet Treaties are designed to update and supplement
the existing international treaties on copyright and related rights,
namely, the Berne Convention and the Rome Convention.
They respond to the challenges posed by the digital technologies
and, in particular, the dissemination of protected material over the
global networks that make up the Internet.
The contents of the Internet Treaties can be divided into three parts:
(1) incorporation of certain provisions of the TRIPS Agreement not
previously included explicitly in WIPO treaties (e.g. protection of
computer programs and original databases as literary works under
copyright law);
(2) updates not specific to digital technologies (e.g., the generalized right
of communication to the public); and
(3) provisions that specifically address the impact of digital technologies.
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Objectives
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