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Unit 5

The document provides an overview of the International Organization for Standardization (ISO), its standard development process, and the importance of ISO certification. It also discusses the World Intellectual Property Organization (WIPO) and the significance of cyber law in protecting online activities and intellectual property rights. Additionally, it outlines the Information Technology Act, 2000 in India, detailing its provisions against cyber crimes and the types of intellectual property rights.

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0% found this document useful (0 votes)
20 views11 pages

Unit 5

The document provides an overview of the International Organization for Standardization (ISO), its standard development process, and the importance of ISO certification. It also discusses the World Intellectual Property Organization (WIPO) and the significance of cyber law in protecting online activities and intellectual property rights. Additionally, it outlines the Information Technology Act, 2000 in India, detailing its provisions against cyber crimes and the types of intellectual property rights.

Uploaded by

poojajadon815
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ISO

ISO (International Organization for Standardization) is a worldwide federation of


national standards bodies.

ISO is a nongovernmental organization that comprises standards bodies from more


than 160 countries, with one standards body representing each member country.
For example, the American National Standards Institute represents the United
States.

ISO members are national standards organizations that collaborate in the


development and promotion of international standards for technology, scientific
testing processes, working conditions, societal issues and more. ISO and its
members then sell documents detailing these standards.

The ISO's General Assembly is its decision-making body. It consists of


representatives from the members and elected leaders called principal officers. The
organization has its headquarters in Geneva, Switzerland, where a central
secretariat oversees operations.

How are ISO standards developed?


The International Organization for Standardization has a six-stage process for
developing standards. The stages include the following:

 Proposal stage. The first step in developing a new standard starts when
industry associations or consumer groups make a request. The relevant ISO
committee determines whether a new standard is indeed required.

 Preparatory stage. A working group is set up to prepare a working draft of the


new standard. The working group is composed of subject matter experts and
industry stakeholders; when the draft is deemed satisfactory, the working
group's parent committee decides which stage occurs next.

 Committee stage. This is an optional stage during which members of the


parent committee review and comment on the draft standard. When the
committee reaches consensus on the technical content of the draft, it can move
to the next stage.

 Enquiry stage. The draft standard at this stage is called a Draft International
Standard (DIS). It is distributed to ISO members for comments and, ultimately,
a vote. If the DIS is approved at this stage without any technical changes, ISO
publishes it as a standard. If not, it moves to the approval stage.

 Approval stage. The draft standard is submitted as a Final Draft International


Standard (FDIS) to ISO members. They vote to approve the new standard.

 Publication stage. If ISO members approve the new standard, the FDIS is
published as an official international standard.

ISO participating members vote on standards approvals. A standard must receive


affirmative votes from at least two-thirds of participating members and negative
votes from no more than one fourth of participating members.

What is ISO certification?


As it relates to ISO standards, certification is a certifying body's assurance that a
service, product or system meets the requirements of the standard. While ISO
develops the standards, third-party certification bodies certify conformity with
those standards.

According to the ISO, the phrase "ISO certification" should never be used to
indicate that a product or system has been certified by a certification body as
conforming to an ISO standard. Instead, ISO suggests referring to certified
products or systems using the full identification of the ISO standard.

For example, instead of "ISO certified", ISO recommends using the phrase "ISO
9001:2015 certified." This fully identifies the standard being certified, including
the version -- in this case, the version of ISO 9001 released in 2015.

While ISO does not do certifications, its Committee on Conformity Assessment


works on standards related to the certification process.
World Intellectual Property Organization
The World Intellectual Property Organization (WIPO;
French: Organisation mondiale de la propriété
intellectuelle (OMPI)) is one of the 15 specialized agencies of
the United Nations (UN).[1][2][notes 1] Pursuant to the
1967 Convention Establishing the World Intellectual Property
Organization, WIPO was created to promote and
protect intellectual property (IP) across the world by
cooperating with countries as well as international
organizations.[5] It began operations on 26 April 1970 when the
convention entered into force. The current Director General is
Singaporean Daren Tang, former head of the Intellectual
Property Office of Singapore, who began his term on 1 October
2020.[6]
WIPO's activities include hosting forums to discuss and shape
international IP rules and policies, providing global services that
register and protect IP in different countries, resolving
transboundary IP disputes, helping connect IP systems through
uniform standards and infrastructure, and serving as a general
reference database on all IP matters; this includes providing
reports and statistics on the state of IP protection or innovation
both globally and in specific countries.[7] WIPO also works with
governments, nongovernmental organizations (NGOs), and
individuals to utilize IP for socioeconomic development.
What is Cyber Law?
Cyber law, also known as Internet Law or Cyber Law, is the part of the overall legal
system thet is related to legal informatics and supervises the digital circulation of
information, e-commerce, software and information security. It is associated with legal
informatics and electronic elements, including information systems, computers,
software, and hardware. It covers many areas, such as access to and usage of the
Internet, encompassing various subtopics as well as freedom of expression, and online
privacy.

Cyber laws help to reduce or prevent people from cybercriminal activities on a large
scale with the help of protecting information access from unauthorized people,
freedom of speech related to the use of the Internet, privacy, communications, email,
websites, intellectual property, hardware and software, such as data storage devices.
As Internet traffic is increasing rapidly day by day, that has led to a higher percentage
of legal issues worldwide. Because cyber laws are different according to the country
and jurisdiction, restitution ranges from fines to imprisonment, and enforcement is
challenging.
Cyberlaw offers legal protections for people who are using the Internet as well as
running an online business. It is most important for Internet users to know about the
local area and cyber law of their country by which they could know what activities are
legal or not on the network. Also, they can prevent ourselves from unauthorized
activities.

The Computer Fraud and Abuse Act was the first cyber law, called CFFA, that was
enacted in 1986. This law was helpful in preventing unauthorized access to computers.
And it also provided a description of the stages of punishment for breaking that law
or performing any illegal activity.

Why are cyber laws needed?


There are many security issues with using the Internet and also available different
malicious people who try to unauthorized access your computer system to perform
potential fraud. Therefore, similarly, any law, cyber law is created to protect online
organizations and people on the network from unauthorized access and malicious
people. If someone does any illegal activity or breaks the cyber rule, it offers people or
organizations to have that persons sentenced to punishment or take action against
them.

What happens if anyone breaks a cyber law?


If anyone breaks a cyber law, the action would be taken against that person on the
basis of the type of cyberlaw he broke, where he lives, and where he broke the law.
There are many situations like if you break the law on a website, your account will be
banned or suspended and blocked your IP (Internet Protocol) address. Furthermore, if
any person performs a very serious illegal activity, such as causing another person or
company distress, hacking, attacking another person or website, advance action can
be taken against that person.

Importance of Cyber Law


Cyber laws are formed to punish people who perform any illegal activities online. They
are important to punish related to these types of issues such as online harassment,
attacking another website or individual, data theft, disrupting the online workflow of
any enterprise and other illegal activities.

If anyone breaks a cyber law, the action would be taken against that person on the
basis of the type of cyberlaw he broke, where he lives, and where he broke the law. It
is most important to punish the criminals or to bring them to behind bars, as most of
the cybercrimes cross the limit of crime that cannot be considered as a common crime.
These crimes may be very harmful for losing the reliability and confidentiality of
personal information or a nation. Therefore, these issues must be handled according
to the laws.

o When users apply transactions on the Internet, cyber law covers every transaction and
protect them.
o It touches every reaction and action in cyberspace.
o It captures all activities on the Internet.

Areas involving in Cyber Laws


These laws deal with multiple activities and areas that occur online and serve several
purposes. Some laws are formed to describe the policies for using the Internet and the
computer in an organization, and some are formed to offer people security from
unauthorized users and malicious activities. There are various broad categories that
come under cyber laws; some are as follows:

Fraud

Cyber laws are formed to prevent financial crimes such as identity theft, credit card
theft and other that occurring online. A person may face confederate or state criminal
charges if he commits any type of identity theft. These laws have explained strict
policies to prosecute and defend against allegations of using the internet.

Copyrighting Issues

The Internet is the source that contains different types of data, which can be accessed
anytime, anywhere. But it is the authority of anyone to copy the content of any other
person. The strict rules are defined in the cyber laws if anyone goes against copyright
that protects the creative work of individuals and companies.

Scam/ Treachery

There are different frauds and scams available on the Internet that can be personally
harmful to any company or an individual. Cyber laws offer many ways to protect people
and prevent any identity theft and financial crimes that happen online.

Information Technology Act, 2000


The Information Technology Act, 2000 also Known as an IT
Act is an act proposed by the Indian Parliament reported on
17th October 2000. This Information Technology Act is based
on the United Nations Model law on Electronic Commerce
1996 (UNCITRAL Model) which was suggested by the General
Assembly of United Nations by a resolution dated on 30th
January, 1997. It is the most important law in India dealing
with Cybercrime and E-Commerce.
The main objective of this act is to carry lawful and trustworthy
electronic, digital and online transactions and alleviate or
reduce cybercrimes. The IT Act has 13 chapters and 90
sections. The last four sections that starts from ‘section 91 –
section 94’, deals with the revisions to the Indian Penal Code
1860.
The IT Act, 2000 has two schedules:
 First Schedule –
Deals with documents to which the Act shall not apply.
 Second Schedule –
Deals with electronic signature or electronic authentication
method.

The offences and the punishments in IT Act 2000 :

The offences and the punishments that falls under the IT Act, 2000 are as
follows :-
1. Tampering with the computer source documents.
2. Directions of Controller to a subscriber to extend facilities to decrypt
information.
3. Publishing of information which is obscene in electronic form.
4. Penalty for breach of confidentiality and privacy.
5. Hacking for malicious purposes.
6. Penalty for publishing Digital Signature Certificate false in certain
particulars.
7. Penalty for misrepresentation.
8. Confiscation.
9. Power to investigate offences.
10. Protected System.
11. Penalties for confiscation not to interfere with other punishments.
12. Act to apply for offence or contravention committed outside India.
13. Publication for fraud purposes.
14. Power of Controller to give directions.

Sections and Punishments under Information Technology


Act, 2000 are as follows :
SECTION PUNISHMENT
This section of IT Act, 2000 states that any act of destroying,
altering or stealing computer system/network or deleting data
with malicious intentions without authorization from owner of the
computer is liable for the payment to be made to owner as
Section 43 compensation for damages.
This section of IT Act, 2000 states that any corporate body dealing
with sensitive information that fails to implement reasonable
security practices causing loss of other person will also liable as
Section 43A convict for compensation to the affected party.
Hacking of a Computer System with malicious intentions like
fraud will be punished with 3 years imprisonment or the fine of
Section 66 Rs.5,00,000 or both.
Fraud or dishonesty using or transmitting information or identity
Section 66 theft is punishable with 3 years imprisonment or Rs. 1,00,000 fine
B, C, D or both.
This Section is for Violation of privacy by transmitting image of
Section 66 private area is punishable with 3 years imprisonment or 2,00,000
E fine or both.
This Section is on Cyber Terrorism affecting unity, integrity,
Section 66 security, sovereignty of India through digital medium is liable for
F life imprisonment.
This section states publishing obscene information or
pornography or transmission of obscene content in public is liable
Section 67 for imprisonment up to 5 years or fine of Rs. 10,00,000 or both.

Intellectual Property Rights

Intellectual property rights are the rights given to each and every
person for the creation of new things according to their minds. IPR
usually give the creator a complete right over the use of his/her creation
for a certain period of time.

Intellectual property rights are the legal rights that cover the benefits
given to individuals who are the owners and inventors of work and have
created something unique with their intellectual creativity or capability.
Every person related to areas such as literature, music, invention, etc.,
can be granted such rights, which can then be used in their business
practices by them.

The creator/inventor gets complete rights against any misuse or use of


work without his/her prior information. However, the rights are issued
for a limited period of time to maintain equilibrium.

What are Intellectual Properties?


1. Industrial designs
2. Scientific discoveries
3. Protection against unfair competition
4. Literary, artistic, and scientific works
5. Inventions in all fields of human endeavor
6. Trademarks, service marks, commercial names, and designations
Types of Intellectual Property Rights:
Intellectual Property Rights can be classified into four types:
1. Copyright: Copyright is a term that describes ownership or control of the
rights to the use and distribution of certain works of creative expression,
including books, videos, movies, music, and computer programs.
2. Patent: A patent gives its owner the right to exclude others from making,
using, selling, and importing an invention for a limited period of time. The
patent rights are granted in exchange for enabling public disclosure of the
invention.
3. Trademark: A Trademark is a Graphical representation that is used to
distinguish the goods and services of one party from those of others. A
Trademark may consist of a letter, number, word, phrase, logo, graphic,
shape, smell, sound, or combination of these things.
4. Trade Secrets: Trade secret describes about the general formula of any
product and the key behind any organization’s progress. It also includes
various firms’ different secret formulas for the same products which differ
in quality.
Advantages of Intellectual Property Rights:
The advantages of intellectual property rights are as follows:
 IPR yields exclusive rights to the creators or inventors.
 It encourages individuals to distribute and share information and data
instead of keeping it confidential.
 It provides legal defense and offers the creators the incentive of their
work.
 It helps in social and financial development.
 It inspires people to create new things without fear of intellectual theft.

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