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//Cyber Law

INTERNATIONAL COOPERATION FOR CYBER-CRIME PROSECUTION

International cybercrimes often challenge the effectiveness of domestic and international law and law enforcement. Because existing laws in many countries are not tailored to deal with cyber crime, criminals increasingly conduct crimes on the Internet in order to take advantages of the less severe punishments or difficulties of being traced. No matter in developing or developed countries, governments and industries have gradually realized the colossal threats of cyber crime ..

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CONFIDENTIALITY AND PRIVACY

Data protection law in India is currently facing many problems and resentments due to the absence of a proper legislative framework. There is an ongoing explosion of cyber crimes on a global scale. The theft and sale of stolen data are happening across vast continents where physical boundaries pose no restriction or seem nonexistent in this technological era. India being the largest host of outsourced data processing in the world could become the epicenter of cyber crimes. Th..

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SEIZURE AND CONFISCATION

Pieces of evidence are a major concern in cyber crimes. Pat of evidence is the ‘crime scene’ issues. In cyber crime, there is no cyber crime. We cannot mark a place nor a computer or a network, nor seize the hard-disk immediately and keep it under lock and key keep it as an exhibit taken from the crime scene. Very often, nothing could be seen as a scene of the cyber crime! The evidence, the data, the network and the related gadgets along with of course the log files..

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INTELLECTUAL PROPERTY INFRINGEMENTS

Fundamentally, IPR is a common term for bunch of different rights viz., Trademark, Copyright, Patent, Trade secret, and Industrial Design and every business tends to own one or the other kind of Intellectual Property Right, which needs to be recognized and managed properly to extract the maximum possible commercial gain from such IPR. The rapidly changing world of technology and daily advancements in the industry pose a challenge for the businesses to safeguard their rights (..

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SOFTWARE PATENT INFRINGEMENTS

The software is generally given copyright protection in many developed countries like India. But due to a judicial decision in U.S.A (Diamond .v Dier) the U.S. Supreme Court granted patent protection for computer software. From that time onwards, many legislations started to give patent protection to software.In India though there is a huge demand from the software industry, till now software per se cannot be patented...

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TRADEMARK INFRINGEMENTS IN CYBER SPACE

Many people started to infringe others TM in cyberspace after E commerce replacing and dominating traditional commerce. Important TM infringements are Linking, Framing, Inlining etc. A domain name which is actually a linguistic counterpart of IP protocol number also started to be considered as TM after Yahoo v.AkashArora case in India...

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ONLINE COPYRIGHT PIRACY

The rapid advances in the field of Information Technology (IT) are affecting the society in more than one way. The digital technology has brought a lot of developments in all fields of life and culture but at the same time, it creates an imminent danger to some of the basic rights that individual and industries possessed before its influence. “Copyright law has a history of development that can partly be explained by reference to technological challenges. The Internet is un..

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EXPERT WITNESS

The concept of expert witness is very important in the field of information technology mainly because of the nature of the investigation in cyberspace for remedying and preventing cyber crimes. The reliance of the courts on the expert witness is very vital as the courts are handicapped with regard to the technical knowledge of cyberspace. Hence the need for presenting expert witness in cyber crime investigation is necessary for the prosecution of cyber crime cases. In India, ..

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CHALLENGES FOR CYBER CASES IN PRESENT LEGAL SYSTEM AND NEED FOR CYBER COURTS

The system of cyber crime investigations suffers from various issues. The evidence in cyber crimes cases differ in nature and structure as compared to other conventional crimes, even the preservation techniques of both the pieces of evidence are different. Police officials at lower ranks are not well aware of Cybercrime facts. For example, mobile loss/theft case should be registered as cyber crime case because maximum mobile handsets are internet enabled and a lot of netizens..

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OFFENSES COVERED UNDER IPC AND SPECIAL LAWS

Section 378, 379 Theft of Computer Hardware Section 378. Theft Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. Explanation 1. - A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. E..

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