Online Assignment- II Name : Rajkamal Grewal User ID: 1553_rajkamal Q1.

Under the European Convention on Cyber Crimes the State Parties are required to take certain measures in their territories. What are those measures?
Ans. The European convention on cyber crimes came into force on June 2001 because the urgent need was felt to make a common criminal Policy against cyber crimes. The State parties are required to take certain measures in their Territories. The measures were given in Chapter 2 of this convention. Those measures are divided in three sections i.e. Substantive Criminal Law, Procedural Law and Jurisdiction Substantive Criminal Law: This section divides into 5 titles. Title 1 (Section 2 to 6) deals with Offences against the confidentiality, integrity and availability of computer data and systems. Title 2 (Section 7 and 8) deals with Computer Related Offences. Title 3 (Section 9) deals with Content-related Offences. This Article stipulates offences related to child pornography. Title 4 (Section 10) deals with Offences Related to Infringements of copyright and related rights. Title 5 (Section 11 to 13) deals with Ancillary Liability and Sanctions about abetment and attempt to commit offences Procedural Law: Section 2 divides into 5 titles also. Title 1 (Section 14 and 15) relates to Common Provisions for the Purpose of Specific criminal investigations or proceedings. Title 2 (Section 16 and 17) deals with Expedited preservation of stored Computer data Title 3 (Section 18) related to Production Order. Title 4 (Section 19) relates to Search and Seizure of Stored Computer Data Title 5 (Section 20 and 21) relates to Real time Collection of Computer Data Jurisdiction: Section 3 of Chapter II deals with Jurisdiction, contained in Article 22, which requires each party to enact legislation to establish jurisdiction over any offence established in accordance with Articles 2 to 11 of this convention.

Q2. Briefly analyse the salient features of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organization. Ans. The salient features of the Rome Convention for the Protection of
Performers, Producers of Phonograms and Broadcasting Organization are following; I. II. III. This Convention was made to extend copyright protection of author of a work to the creators and owners of particular intellectual property such as audio cassettes or DVDs. The Rome Convention also covered the performers and producers of recordings under copyright. The Rome Convention extends the protection to the performance of performers, such as actors, musicians, dancers, singers and other persons who perform literary or artistic work. Performances taking place in another Contracting state or if performance is incorporated in phonogram is protected under Article 5 of this Convention. Performance is carried by a broadcast but not being fixed on a phonogram is protected under Article 6 of this Convention. Article 7 of this Convention extends the protection of preventing the broadcasting of their performance without their consent, unless the broadcasting performance is itself already a broadcast performance.

IV.

V. VI.

VII. If broadcasting was consented to by the performers, it shall be a matter of domestic law of the contracting state. VIII. If there are joint performers then Article 8 provides that the contracting state may specify the manner in which rights of performers will divide. IX. Dispute arising out of application of this convention shall be referred to the International Court of Justice for decision, unless they agree for settlement in some other way.

Q3. Examine the provisions under IT Act, 2000 relating to the attribution, acknowledgement and dispatch of electronic records. Ans. Section 11 to 13 of IT Act, 2000 deals with the attribution,
acknowledgement and dispatch of electronic records. I. Section 11 of this Act specifies the cicumstances under which the electronic records can be attributed to originator. This section says that the electronic record shall be attributed to the originator. -if it was sent by the originator himself; -or, by a person who had the authority to act on behalf of originator; - Or, by an information system programmed by or on behalf of originator to operate automatically. II. Section 12 deals with acknowledgement of receipt of electronic records. It provides that in the absence of any agreement between the originator and the addressee that the acknowledgement of receipt of electronic record be given by particular method III. Section 13 of the Act deals with the time and place of dispatch and receipt of electronic record. IV. The place of dispatch and receipt, an electronic record is deemed to be dispatched at the place where the originator has his place of business, unless they both agreed otherwise. V. Acknowledgement of the receipt of electronic records is mandatory in cases where the originator has specify a condition that it shall be

binding only if he himself receipt the acknowledgement of such electronic record. In cases where any of the party has more then one place of business then principle place of business will be considered. If any of the part doesnt have any business place then usual place of residence will be considered.

Q4. Define E-Governance. Explain the provisions relating to EGovernance under the IT Act, 2000. Ans. E-Government refers to the use by government agencies of
information technologies such as Wide Area Networks, the Internet, & mobile computing, that have the ability to transform relations with citizens, businesses, and other arms of government. The prime objective of the IT Act, 2000 was to promote the E-Governance. Chapter III of this Act provides all information regarding E-Governance. The provisions relating to E-Governance under the IT Act, 2000 are provided in Section 4 to 10. I. Section 4 of the Indian IT Act, 2000 confers legal recognition to electronic records. Paper based documents are equated with electronic records so long as they are made available in electronic form and are accessible so as to be usable for a subsequent reference. Section 5 confers legal recognition to digital signatures and equates it with handwritten signatures. The authentication of such digital signatures will be ensured by means of digital signatures affixed in such manner as the Central Government prescribes. Section 6 paves way for the promotion of electronic governance. It provides for the use of electronic records and electronic signatures in the governance. Section 7 allows retention of electronic records akin to paper based records to fulfill legal requirement of retention of records. Section 8 deals with Publication of rule, regulation, etc., in Electronic Gazette. This provision treats the electronic gazette as the equivalent of printed form of official gazette. Section 9 provides that the provisions of section 6,7 and 8 are only enabling provisions, which authorize the governments to use

II.

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IV. V.

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electronic records, digital signatures in the governance and also to retain the records and publish in the official gazette in the E- Form. They do not confer any right upon any person to insist for the same. VII. Section 10 deals with there power of central government to make rules in respect to digital signature.

Q5. Elucidate the role and powers of Cyber Appellate Tribunal in adjudicating internet disputes? Ans. Cyber Appellate Tribunal (CAT) is established by central
government. It has the power to review the judgement or hears appeals of decisions by a lower court. Under section 57 of the Act, CAT has got a jurisdiction to entertain appeals from the order made by the Controller or Adjudicating officer under this Act except from those order made by an adjudicating officer with the consent of the parties. The CAT is not bound by the procedure laid down by the Code of Civil Procedure, 1908. But it should observe the principles of natural justice and subject to the other provisions of this Act and of any rules, The CAT has the power to regulate its own procedure or select the place at which it shall have its sittings. The CAT shall have, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters; (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of documents or other electronic records; (c) Receiving evidence on affidavits; (d) Issuing commissions of the examination of witnesses or documents; (e) Reviewing its decisions; (f) Dismissing an application for default or deciding it ex parte; (g) Any other matter which may be prescribed. Within the meaning of Sections 193 and 228, and for the purposes of Section 196 of the Indian Penal Code every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding and the Cyber Appellate Tribunal shall be deemed to be a civil court for the

purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure.