KUVEMPU UNIVERSITY 6Semester Sample Paper CYBER LAW AND COMPUTER ETHICS
1. What are the fundamental conceptions regarding the evaluation of individual actions? Ans: There are two the fundamental conceptions regarding the evaluation of individual actions:-
i) Examine an issue under independently justified principles of what one considers being right. This is referred to as “deontological” approach w here 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 is wrong with actions that interfere with attempts to get in. 2. Define computer ethics and give classifications of ethical issues. OR, 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.
3. 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 workplace 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world, many workers doing jobs as bank tellers, autoworkers, telephone operators, typists etc have already been replaced by computers..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 workplace due 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. Some amount of monitoring may be vital for protecting the interest of the employer and to increase productivity, but excess of such surveillance can becomes unethical. 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 statements stressed the professional objectives and vision.
ii) Code of Conduct:- Code of conduct are more oriented towards the professional‟s attitude. attitude. 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 with OMC legislation. 5. Explain the different sources of law. Ans: 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 in contrasted to customary law. b) Common Law:- It comprises the body of principle, which derive their authority solely from the decisions of courts. It is a body of law that develops and derives through judicial decisions different from legislative enactments. Its principals do not derive their validity from formal law making by anybody, but from their enunciation through decisions of courts. o f the people (including a particular p articular social c) Custom:- Custom‟ denotes a usage or practice of group or a group residing in a particular locality) which by common adoption and acquiescence and by long and unvarying habit, has become compulsory and has acquired the force of law with respect to the place or subject matter to which it relates. 6. There is no nexus between cyber space and real space. Comment. Ans: There is the difference between the business rules for online commerce and carrying business in the real space. Much of this difference comes from Internet's telepresence features. This feature renders the network technologically indifferent to physical location. The network is very insensitive to geography. It is not possible to determine the physical location of a user or a resource. In real space, locating a person or entity with which business is interacting is much easier. In the cyberspace to know the location of the partners with whom you are interacting is very difficult to know. In some instances, even an Internet address tells something only about the location of a given machine. There is no way to find the information about the actual user. 7. Explain how “Custom” is a source of law. Ans: „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 acquiescence and by long and unvarying habit, has become compulsory and has acquired the 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, while the operation of custom is generally restricted to a particular locality, group or family. 8. What is common law? How does it differ from codified law? Ans: b) Common Law:- It comprises the body of principle, which derive their authority solely from the decisions of courts. It is a body of law that develops and derives through judicial decisions different from legislative enactments.
It is differ from codified law in following ways:i) Common law is judge made law, while codified law is made by legislature. ii) It consists of written laws while codified consists of unwritten law.
COMPUTER ETHICS & CYBER LAWS 1.a) Explain the three levels of computer ethics. Ans: Following are the three levels of computer ethics:-
i) First level: - It is the basic level where computer ethics tries to sensitize people to the fact that computer technology has social and ethical consequences. Newspaper, TV news program, and magazines have highlighted the topic of computer ethics by reporting on events relating to computer viruses, software ownership law suits, computer aided bank robbery, computer malfunction etc. ii)Second level:- It 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. iii) Third level: - It referred to as „theoretical‟ computer ethics applies scholarly theories 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 advancing and defending human values. 2. Discuss the distinct features of the internet. Ans: Following are the three distinct features of Internet:-
i) Global scope: - Internet communications has much broader scope and reach. This feature of internet do things to one another demonstrates the great amount of power when connected to the internet. It also enables individuals apart from fraternizing with one another 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 it gives individuals a senses if invisibility that allows them to engage in behavior that they might not otherwise engage in. The positive aspect of anonymity is that it might allow individuals to get a free and equal treatment irrespective of their race, color or creed. It enables their participation in activities where individuals might otherwise reluctant. It also leads a serious problem for accountability and integrity of information. iii) Reproducibility: - Electronic information exists in the form that makes it easy to copy without any loss of originality or value in the process of reproduction. Reproducibility exacerbates the problem arising by global scope and anonymity. It also adds 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.
3. What are the ten commandments for computer ethics? Ans: Commandments for computer ethics:- i) Thou shalt not use a computer to harm other people.
ii) Thou shalt not interfere with other people‟s computer work. iii) Thou shalt not snoop around in other o ther people‟s files. iv) Thou shalt not use a computer to steal. v) Thou shalt not use a computer to bear false witness. vi) Thou shalt not use of copy software for which you have not paid. vii) Thou shalt not use other people‟s computer resources without authorization. viii) Thou shalt not appropriate other people‟s intellectual intellectual output. ix) Thou shalt think about the social consequences of the program u write. x) Thou shalt use a computer in ways to show consideration and respect. 4. Discuss the classification 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 Certifying Authority for obtaining any license or Digital Signature Certificate. 5. Discuss the essential of a valid contract. Ans: The general law of contracts is contained in the Indian Contract Act 1872. The Act defines “contract” as an agreement enforced by law. The essentials of a valid contract are: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 an offer and its acceptance. If there is no offer then there is no contract. But if one party offer 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 as denoting 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 soon as it has been accepted. iv) Offer by and whom: - An offer must be made by a person legally competent to contract 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 tha t 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. A statement must be made with the intention that it will be accepted and will constitute a binding contract. 6. What are the amendments to the Indian Penal Code? Ans: The Indian Panel Code (IPC) details actions that constitute a crime and the punishments prescribed for such actions. It elaborately classifies crimes based on interests that are intended to be protected. The classification includes :- i) Offences against body ii) Offences against property
iii) Offences against marriage state
iv) Offences against public tranquility
v) Offences against
Some important aspects have to be weighed while determining whether a crime has been committed or not. 7. Explain with the help of historical millstones’ evolution of computer ethics. 15
Ans: Evolution Ans: Evolution of computer ethics:- The term computer ethics 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.
The 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 “cybernetic” the science of information feedback system undertaken by Professor Norbert Weiner. The concepts of cybernetic led Weiner to draw some remarkable ethical conclusions about the technology that is now called information and communication technology. In his views the integration of computer technology into society would eventually constitute the remarking the society, which he turned as the “second industrial revolution”. In the 1960s Don Parker of SRI Inc. began to examine the unethical and illegal uses of computer by computer professions. He published “Rules of Ethics in Information Processing” and headed the development of the first code of professional conduct for his association of computing machinery. The 1970s saw Walter Manor 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 contain curriculum materials and guideline to develop and teach computer ethics. In 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 failure; invasions of privacy through computer database etc become the order of the day. The 1990s heralded the beginning of the second generation of computer ethics. 8. How is information information privacy, violated? Discuss the privacy policy guidelines for database. Ans: Information privacy violated, when the individual:
i) Does not know what information is being collected about them. ii) Cannot limit access to what is being collected. iii) Cannot control the use and distribution of this information. iv) Cannot correct erroneous data and out-of-date information. The privacy policy guidelines for database include guideline for following:--
a)Data Collection :- i) Data should be collected on individuals only for the purpose of accomplishing a business objective.
ii) Data should be adequate, relevant and not excessive to the business. iii) Individuals must give their consent before data pertaining to them can be gathered. b)Data Accuracy:- i) Sensitive data gathered on individuals should be verified.
ii) Data should be accurate and current. iii) The individual‟s version should be noted if an y disagreement about the accuracy accurac y of the data found. c) Data Confidentiality:- i) Computer security procedures should be implemented to provide reasonable assurance against unauthorized disclosure of data.
ii) Third parties shpuls not be given access to data without the permission. iii) Disclosure of data should be noted and maintained. iv) Data should not be disclosed for the reason that is not compatible with the business objective. 9. 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 exercises authority. 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 sovereign authority 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 'domain names' 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 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 case of trade and commerce, commercial transaction in the form of contracts constitutes the foundation of legal relationship. 10. Discuss the different forms of computer crime. OR 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 the economic offences related to computers. iii) Computer Hacking:-This is a greatest risk in terms of integrity, availability, and confidentiality. Website defacements, credit card frauds, non-availability of web and application servers, and new virus attacks are common. These defacements are done by hackers 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 especially copying computer program, data of research and defence, data of commercial accounting as well as address of client. It is done by data telecommunication. vii) Computer Sabotage and Computer Extortion:- It is danger for business and administration. It includes activities like destroying the store tangible and intangible data containing 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 porn movies or videos, adult picture or story, more violent games etc, on internet through website which are illegal.
11. 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 stands in contrasted to customary law. b) Common Law:- It comprises the body of principle, which derive their authority solely from the decisions of courts. It is a body of law that develops and derives through judicial decisions different from legislative enactments. Its principals do not derive their validity from formal law making by anybody, but from their enunciation through decisions of courts. c) Custom:- Custom‟ denotes a usage or practice of o f the people (including a particular p articular social group or a group residing in a particular locality) which by common adoption and acquiescence and by long and unvarying habit, has become compulsory and has acquired the 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, while the operation of custom is generally restricted to a particular locality, group or family. 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 can deal 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 subordinate authority with power to make rules, orders, etc. v) A legislative enactment is not subject to appeal; and the law enacted by it cannot be reversed. 12. What are the remedies for the breach of the contract? contrac t:Ans: Remedies Ans: Remedies for breach of a contract:-
i)Damage:- When a contract has been broken, the party who suffer by such breach is entitled 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 indirect loss or damage sustained by reason of the breach.
ii)Penal Stipulations:- If a sum is named in the contract or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled to receive reasonable compensation from party who broken the contract, whether or not actual damage or loss is proved to have been caused thereby. iii) Specific performance:- In certain cases the court may direct against the party in default “specific performance” of the contract means that party may be directed to perform the very v ery obligation which he has undertaken by the contract. iv) Injunction:- An injunction is a preventive relief and is granted at the discretion of the court. 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 a higher court. 13. Discuss the impact of globalization on computer ethics. Ans: The impact of globalization on computer ethics led to the discussion of the following issues:-
i) Global Laws: Over 200 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. ii) 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 the rest of the world will lag behind. This disparity in levels of technology will fuel political and economic fallout, which could further widen the gap between the rich and the poor. iii) Global Education: Inexpensive access to the global information net for the rich and the poor alike is necessary for everyone. However the impact of this sudden and global education on different communities, cultures, and religious practices is 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. 14. What are the fundamental conceptions regarding the evaluation of individual actions? 10 Ans: There are two the fundamental conceptions regarding the evaluation of individual
actions:i) Examine an issue under independently justified principles of what one considers being right. The idea here is to follow the principals that articulate what is morally right irrespective of the
consequence. 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 involves determining which action yield the best consequences measured in some standard of the good. This approach is referred to as “teleological” means involves framing what is good for users, and spell out what is wrong with actions that interfere with attempts to get in. What is good could be conceived of in terms of happiness, basic needs, shares of primary goods, desires etc. These values reflect the value that human being can take different perspectives and can switch between them. One can think of a problem or situation from a self interested and personal stance, but also from the point of view of us as social beings with roles and position in social network of the relation. 15. How does professional code address issues from the view point of computing profession? Ans: In following ways professional code address issues from the view point of computing profession:--
The first level 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. By virtue of their role as professionals and their special skills, they owe a higher degree of care to those affected by their work. 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 level comprises several obligations that derive directly from elements unique to the particular professional practice. Code statements 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 aspirational statement to specific and measurable requirements. 16. Explain the term Digital Signature. What is a Digital Signature Certificate? Ans: Digital Signature: The IT Act states that any law provides that information shall be in writing or in printed form. The key ingredients of the formation of electronic contracts comprise communication of offer and acceptance by electronic means, verification of the source of the communication, authentication of the time and place of dispatch and finally the verifiability of the receipt of the data communication. A 'digital signature' may be affixed to authenticate an electronic record. The digital signature serves to satisfy the legal requirement of affixing of a signature in a written or printed document. The Central Government has the power to make rules about the type of digital signature.
Digital Signature Certificate: It certifies the identity of the subscriber and implies his acceptance 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. 17. What is cyber privacy? Explain. Ans: The issue of privacy on the Internet has generated a lot of debate and controversy. On one hand, it is necessary for the authorities to indulge in surveillance in order to keep cyber crime in control. The same surveillance affects the privacy of millions of the people who use the Internet every day. However, privacy is extremely important to all individuals, organizations, and nations.
Unfortunately, the Indian judiciary has not laid down specific laws regarding cyber privacy. Currently, the judiciary can only interpret privacy in accordance with the existing regulations. As per Article 21 of the Indian constitution, the right to privacy is an integral part of the fundamental right to life. Today, several individuals and organizations collect information regarding the surfing habits of Internet users and sell the same to interested companies for a tidy sum of money. Hundreds of websites are hacked and information is stolen and then sold to interested parties. Every day, individual users have to deal with the nuisance of dealing with unsolicited e-mail. All the entities - Individuals, organizations, and the government - need to contribute in the fight to curb cyber crime and at the same time respect the privacy. The NIF privacy principals deal with three fundamental concern including information privacy, information integrity and information quality. The government and the judiciary need to frame comprehensive laws related to privacy immediately. 18. What is meant by unauthorized access to a computer? Explain. Ans: Unauthorized access of computer means using any computer without their owner permission. It includes following activities: 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. 19. Discuss the impact of the information technology revolution on society. Ans: The amazing growth of information technology has implications for every aspect of society. So far there is little research that reveals how technology has and will continue to change the dynamics of society and the nonprofit sector. Following point elaborate how information technology affects various sections of society:
i) The nonprofit sector is experiencing an organizational version of the "digital divide"-the technology gap between large and small nonprofits. Hardware, software, and technical assistance are not enough to close the divide; strategic planning and staff time are also essential. ii) The true impact the Internet will have on society is in "building community," bringing together groups of citizens, who are united by shared values working for the public good, often spanning international lines. Organizations that use technology well are usually marked by strong support from the executive director, support from the board, and the presence of a "key user" staff person. iii) The Internet enables an organization to strengthen relationships with its current audiences as it enables targeted, fast, and consistent communication. It can also enable nonprofits to reach out to new audiences through effective use of search engines and "viral marketing". 20. 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 accessing or securing data, Downloading, coping data and disrupting the working of computer by any 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 preview using the computer to furnish any document, return or reports then he will have to give 1,50,000 rupees as penalty. iii) Residuary penalty: This act provides that whoever contravenes any rule or regulation for which a penalty has not specified, the person contravening the act is liable to pay 25,000 rupees as compensation
iv) 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. 21. Discuss the policy approaches to privacy issues. issues:- i) Market approach:- The market oriented approach Ans: Policy Ans: Policy approach to privacy issues:rejects extrinsic legal enforcement and takes within its fold self-regulatory mechanisms which would enable the market players to employ or adopt. Any failure on the part of the market player will get disciplined or rectified by the market place.
ii) Human rights approach:- This approach recognize right to information and the related attribute of privacy as a human right. Due to this, surveillance becomes operational strategy to protect the interests of the members. iii) Contract approach:- It recognizes contract model. The contract imposes an obligation on the parties to protect the privacy concerns and it provides for contractual remedies. Almost in every case of cyber service provider, policy pertaining to protection of the privacy interests of the consumer is normally announced. Normally this forms part of the envisaged terms and conditions of the contractual relationship. 22. Explain the essentials essentials of privacy preferences project (p3p) platform. platform. Ans: P3P provides a simple, automated way for users to gain more control over the use of personal information on websites they browse. P3P is a standardized set of multiple-choice questions about the website's privacy policies. Online customers can answer these questions to select the way their personal information will be handled by the service provider. This snapshot could be read by P3P enabled browsers and set according to the set of privacy preferences of the consumer.
P3P not only provides facilitating environment for the consumer to decide, negotiate and firm up the contractual relationship, but also recognizes nine aspects of online privacy. The first five aspects deal with (a) who is collecting this data? (b) Exactly what information is being collected? (c) for what purposes? (d) which information is being shared with others? (e) who are these recipients? The remaining four aspects focus on the site's internal privacy policies. They include (a) can users make changes in how their data is used? (b) how are disputes resolved? (c) what is the policy for retaining data? (d) and where can be detailed policies found in human readable form? P3P is software to negotiate privacy agreements between websites and online visitors. It is a kind of social technology that involves not merely technology but also active participation of human beings.
23. What are the evidentiary presumptions of a secured electronic document? Ans: An electronic document is said to be secure where any security procedure has been applied to the electronic document at a specific point of time. Such a document is deemed to be secure till the time of verification. But there is no presumption about the integrity and authenticity of the electronic record. To create a legally bound electronic document is technologically complex. A legally enforceable electronic document must pass the test of authentication, non-repudiation, confidentiality, and information integrity during transmission or storage. The key element in the authentication of a paper-based document is the signature of the contracting persons. Likewise an electronic signature is the key in an electronic record.
The combination of the Public Key and the Private Key provide both confidentiality and authentication, which enables for secure electronic transmission. 24. Explain the process of encryption and decryption of data. Ans: The process of making the information unintelligible to the unauthorized reader is known as encryption of data. The process of making the information readable once again is known as decryption of data. The science of Cryptography is made up of encryption and decryption. There are two types of Cryptographic systems - symmetric and asymmetric. The symmetric Crypto system consists of both the sender and the receiver having access and sharing a common 'Key' to encrypt or decrypt a message. The asymmetric Crypto system is a more a secure system. This system uses two keys. The originator of the document keeps one of the keys known as the 'Private Key' and the other key is sent to the recipient of the message. The recipient affixes the digital signature when the public key to open the message sent to him. 25. E-Commerce is the new mantra of business. Explain. Ans: E-Commerce is the use of the Internet to buy and sell goods and services. E-Commerce is changing the way in which organizations do business, resulting in streamlined purchasing processes and lowering the cost of transacting business for both large and small companies.
E-Business helps in improving the way the business is conducted with the government, customers, and other businesses.
E-mail can be used in businesses to communicate with suppliers. It can also be used for responding and receiving the customer queries. For example, e-mail can be used to accept orders from the customers. The customers can also make the payments online and get the information regarding the products available along with their price. Internet can also be used by businesses for managing their records and they can make use of electronic bookkeeping. An on-line banking service is another area, which can be used by the businesses. These services can be used for funds transfer, payroll management, and electronic bill payment 26. Write short notes on: a) Source of law Ans: Our legal system is based on the foundations of common law conceived and shaped by British rulers and jurists. In this system there are three main sources 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. b) Common Law:- It comprises the body of principle, which derive their authority solely from the decisions of courts. It is a body of law that develops and derives through judicial decisions different from legislative enactments. Its principals do not derive their validity from formal law making by anybody, but from their enunciation through decisions of courts. c) Custom:- Custom‟ denotes a usage or practice of o f the people (including a particular p articular social group or a group residing in a particular locality) which by common adoption and acquiescence has become compulsory and has acquired the force of law with respect to the place or subject matter to which it relates b) Cyber crimes Ans: The illegal use of computer or computer related information is referred as cyber crime. In e-commerce, every transaction depends on safe systems for money transaction in computer networks. A company‟s entire production frequently depends on the functioning of its data processing system. Many organizations store their valuable information in computer systems. Through these examples it is cleared that computer technology spreading into all areas of life by interconnection of computer or network (internet). So this led the computer based crimes that become a major threat of today‟s information society. It includes includes illegal accessing of computer, hacking of important information of government or private organization. An shows that groups active in organized crime, professional business espionage and secret services around the world are already exploiting these feature of computer crime. g) Intellectual property
Ans: Intellectual property is the tangible property created by individuals or corporations, which is protected under trade secret, patent and copyright laws. This issue is important for those who make their livelihood in knowledge fields.
A trade secret is intellectual work that is company secret and not public information. Ex — Corporate strategic plan A patent is a document that grants the holder exclusive rights on an invention for a fixed period of time. Copyright is a statuary grant that provides the creators of intellectual property with ownership. Copyright protection enables companies to prevent copying, limit competition and charge monopoly prices for the products. h) Cyber regulations appellate tribunal Ans: The central Government has in the act detailed the rules and regulation for the establishment of Cyber Regulations Appellate Tribunals. This consists of one person only who is the presiding officer of the tribunals to be appointed by the Central Government. The presiding officer would have to be a current or former judge of the high court. An appeal to the Tribunal is subjected to the following conditions: i) any person aggravated by an order made by the controller under the act may prefer an appeal to the Tribunal.
ii) Every appeal in the prescribed form along with the requisite fee shall be filed within a period of forty five days from the date on which an order copy is received by the aggrieved person. iii) A copy of the order passed by the tribunal shall be sent to the parties to the appeal and to the concerned Controller.
