06-08-2020: (Syllabus explained)

07-08-2020

Cyber Law and Introduction

26th May 2014- What happened on this day?

- Modi sworn in as PM of India – with an idea of an India where no section of society

is deprived of development. Modi has always been a tech savvy. The way social
media was used for election campaign. When he came into power, one of the initial
directions given by the govt was to connect with the masses of the country, using
cyber space.
- Important Slogans-> IT+IT=IT, 3D: Democracy/demography/demand, 3S:
Speed/Skill/scale.
- Digital India Programs started by Modi govt.
- The e-commerce, online shopping stuff increased after 2014 Diwali.

Cyber space

- First used by William Gibson in his science fiction “Neuromancer”, published in

1984. It depicted story of a hacker who used to steal data for fees to earn bread for his
family.
- Gibson portrayed CYBER SPACE as 3D virtual scape created by computer networks.
- Cyber space has gained a lot of popularity since 1984.
- Comparison between (invention of sailor’s meter and printing press) and (invention of
internet).
- Before the invention of printing press, whatever info was produced, it was confined to
the royal families and the church. It was after the invention of printing press that the
information became known to all.
- Earlier only those who had power had access to information. Now its available to all
due to internet. Internet can also be called a great equalizer.
- Like the invention of compass, that took sailors to places, the Cyber space has opened
up a new frontier, where distance does not matter anymore. (NYC is only a click
away from ND)
- Information/digital revolution is the MOTHER of all revolutions.
 - Our computers, smart phones, due to the networks have become our telephones, post
office, banks, library etc..
- The Space that has been created by the internet for itself.
- Critical infrastructures have become dependent on the cyber space. (topic to be re-
visited in the future.)
- Critical infrastructures are the basic necessities of our country, such as the defence
structure, educational system etc..
- Cyber Space is a virtual reality/space/medium. Cyber space is an extension of the
Physical world into Indefinite Space.

08-08-2020

In order to reach 50 million audience, telephone took 75 years, for radio 35 years, or
television, it was 13 years, internet 4years,

100million used base became 300 million 2 years

Cyberspace is influencing the most basic rights that we as a human being are entitled to

UDHR (Universal Declaration of Human Rights)- 30 to 40 rights (subjective). 3 most basic

Human Rights are:
- Ri8 to Life
- Ri8 to Liberty
- Ri8 to Property
But today these 3 rights have became dependent on cyberspace.

Internet governance: (Imp topic; sub topics can be taken as project subjts)

Difference between e-governance and internet governance? Though related, but are different
concepts. E-gov is sub part of internet gov.

Need to understand scope of internet governance before we try to understand internet

governance. Scope of internet governance consists of 2 schools, i.e. narrow, broader
approach.

Narrow Approach- internet governance includes management and co-ordination of technical

underpinnings, which are essential for the internet functioning. Technical underpinnings is
that this SoIG only includes technicalities, techniques etc.. that are required for the proper
functioning Confined only with in the technical aspects.

Broader Approach- Internet not only includes technical underpinnings but many other factors,
such as privacy, internet freedom, e com, e gov, cyber security, cyber crime, IPR issues in
cyber space.

The broader approach is more appropriate as it includes every aspect related to the internet.
The 3 aspects of governance:

- Technical standardisation
- Resource allocation and management.
- Human conduct on the internet.

13-08-2020

In which part of the world did internet start? ->US. But when it was started, it was called
ARPANET- Advanced Research Project Agency Network. Started by USDOD & few
academic universities, for defence purpose. Everything started in the year 1969. 3 nodes
connected, initially, they were only numbered, but later named.

TCPIP- Transmission Control Protocol/Internet Protocol. In general terms, is a suite of

communication protocols used to interconnect network devices on the internet. TCP/IP can
also be used as a communications protocol in a private computer network (an intranet or an
extranet). Basically, this is a language that computer understands. TCP/IP made networking
speedier and smooth, as a result, the network started expanding.

DNS Domain Name System- Made classification of expanding data base possible

“www” World Wide Web- Invented by Tim Berners Lee, in 1989. Considered to be the
biggest game changer. Coz it made accessing international. With the www invention, the
internet went for commercial use (being used for commercial purposes, of economic interest).

Coz of www, this technique became very popular coz it went for commercial use, ensuring
online existence. Domain name registration. So many applications that it became difficult for
the body to manage. So the US National Science Foundation outsourced the task of domain
name registration to a private company called Network Solution Inc. Hence outsourced to
Network solution incorporation.
This outsourcing was not well received by the internet community, they were against this
decision. Resulting in a DNS war from 1994-1998. It was considered to be against the
learning and free spirit of the community. US Govt, civil society, internet community, and
academic societies etc. were a part of this community. Each of them wanted to have their own
control on the internet. The war ended in 1998, when the White papers on internet
governance was adopted. Leading to the establishment of Internet Corporation for Assigned
Names and Numbers (ICANN) on 18th Sept 1998. That had the slogan ‘One world One
Internet.’

Reference- https://shodhganga.inflibnet.ac.in/bitstream/10603/73594/10/11_chapter2.pdf

https://www.iafrikan.com/2015/06/14/brief-history-of-the-internet-dns-wars-icann-iana-nita-itu-in-
igf/

21-08-2020

ICANN’s most visible function was to supervise the domain name system, therefore ICANN
had regulatory and economic power. Controller the domain name system was a very big and
crucial thing as it meant control over millions of the domain names, which can be taken as the
backbone of the internet.

Issues with ICANN

1. A private tras… institution

2. US Govt. was deeply involved with ICANN at the time of its formation
3. It was a company incorporated in California
4. It was governed by US laws
5. US govt. had funded the development and maintenance of DNS which was under the
control of the ICANN
6. It was accountable of the us dept. of commerce under an agreement
7. It had no shareholders
8. ICANN’s founding documents and initial practice gave the US govt. power to veto
essentially all its decisions.

Hence the US govt. had great influence on cyber space.

1999 – Major concern of that time was of ICANN’s relationship with other govt. How other
govts. with this regard ICANN’s founding documents only included
The first public meeting was held at this point, and during that the GAC (Govt. advisory
committee) was established. GAC included the other govts. to come up with their issues.

GAC’s role was only to give advice that may or may not be taken into consideration.

Did not play vide ranging role coz only 30 countries ke representation (only of the developed
countries) Even these 30 representations did not do anything substantial. They were only
concerned with CCTLD (County code top level domain). Hence absence of serious
involvement of other governments was taken as a major flaw in its stricter.

In this light, 2002 reforms were made in the policies of ICANN. Under this, new rules were
framed with an effort to strengthen the GAC.

22-08-2020

With the expansion of internet, the other countries started to understand the importance of the
internet, Internet governance and the issues relating to ICANN. The people, once they started
understanding the importance, they became frustrated with ICANN and the involvement the
US govt. in ICANN, the status of ICANN being a private limited. Then they turned to The
UN.

WSIS- World Summit on Information Society. It was the UN forum (initiation of the UN) it
was a banner under which 2 significant conferences were held.

1. In 2003, Geneva. When the countries all met, it was help that the management,
administration and governance of internet must be multilateral, transparent and
democratic.
2. In 2005, Tunis. The participants came up with working definition of internet
governance. Development and application of shared principles, shared norms, shared
rules, shared programmes etc.

These were the requirement for some arrangements, through/after which IGF (Internet
governance forum) was established, in 2006. Which involved Pvt Sectors, govt. bodies,
other international organisations and national governments.

29-08-2020

Till 2012, there were private sectors, government bodies, other int. organisations, national
governments.
 1. Pvt sectors
a. ICANN
b. Internet standard organisation… eg: engineering task force, Internet architecture
board, internet society, world-wide web consortium; all the brain child of
engineers.
2. Govt.
a. GAC 1999
b. Internet governance forum IGF
3. Other International organisations:
a. ITU
b. WIPO
c. OECD- has played a major role in formation of Data Privacy guidelines
4. National Governments
a. Own cyber security policies and stuff. Basically own law/policies of different
nationalities.

The image of transparent democratic internet governance was shattered when Edward sodden
revealed (whistle blown) that initial governing body spying over the internet of other
countries’ governments.
03-09-2020
This sparked protest all around the world. Brazil was the most active in this protest. The
president of Brazil was very much offended by this act. She said that it was violation of the
human rights and sovereignty, democracy of the country on which the surveillance was
levied, and breach of international law. US aid that it was all for the protection of the US
citizens, to which she replied that the protection of the citizens of one country does not justify
infringing the rights and stuff of the citizens of all the other countries.

US’s damage control, in October 2013- The Technical Global Infrastructure= other 9 bodies
together made video statement on the future of internet operations.

- Reinforced the importance of globally coherent internet formation, i.e. they warned
about internet fragmentation
- Evolution of global multi-stakeholder internet corporation. -> There are certain
challenges faced by the internet, and the solutions for it shall be derived from
community efforts
 - Globalisation of ICANN and IANA functions
- Transition to Internet Protocol virgin 6 (IPV6) as top priority. Target was given to
every govt. IPV6 was more secure than IPV4. This practically meant that this was a
way to prevent fragmentation of internet

US directly, indirectly convinced Dilma (the president) to convene a conference where

everybody can come under one roof. And thus the Net Mandiyal meet, a Global Stakeholder
meeting on the future of internet governance was held in Sao Paulo, Brazil, in 2014. In this
meeting, they came up with the Net Mandiyal Principles. The principle are that you can take
as something best for internet governance. Thy talked about the Human rights, freedom to
express, freedom to trade, it should be inclusive, also talked about open standards that would
lead to democratisation of the governance, inclusion of the different languages in it so that it
can reach vast numbers, etc….

It was also contended that ICANN was accountable to the US Govt., but this changed in
2016, and it no longer, by agreement, accountable to the US govt.

But US always has and still influences the internet governance, usage etc. around the world.

10-09-2020
Stages of Internet Development

WEB 0.0 (Developing stage)

Time period- 1969- 1989

The ARPANET Time

WEB 1.0 (Static Web)

Time period- 1990-2000
Features:
- Read Only,
- Simply web,
- Importance of URL ID

WEB 2.0 (Participating Web)

Time period- 2000-2010
Features-
- Read & write: websites became a bit dynamic,
 - Social web: The beginning of the social media platforms (around 2004-05),
- Email: Though email system existed before, it became more popular during this
period.

WEB 3.0 (Semantic Web)

Started by Tim Berners Lee. Implying the omnipresence of the internet. Another way to put
it, internet had become very much important in everyone’s life.
Time period- 2010 onwards
Features:
- Read, write & execute
- Meta search engines
- Online Purchasing

WEB 4.0 (Mobile Web)

Time period- 2010 onwards
Features:
- IOT
- Augmented Reality- example: lenskart ke app pe chashma try on karne ka system

WEB 5.0 (Open Linked & Intelligent Web)

Time Period- 2010 Onwards

Features:
- Emotional Web/Artificial Intelligence
- Convergence- The range of different devices are not confined to one, eg the smart
phone, that consists of clock,
11-09-2020

2nd Unit- Regulation of cyber space.

Problem  intellectual debate  solution.

UN was founded on 24th Oct 1945

1945-1966: Period of Decolonization. ->Many colonised states were becoming independent.

By 1966 there were around 100 states. These states had zero experience of governance or
management of the society. Hence they were all looking towards UN

1st approach taken by the UN to ease the relationships between the countries/states- to
promote good understanding among states, we must promote trade. Hence the UN trade law
was established.

1969- ARPANET  1989- The www (the internet)  further leading to commercialization
of internet.

By 1996- UN came up with the UNCITRAL Model law on E-Commerce.

His UNCITRAL Model law was very much appreciated across various states.

In 1997- UN GA adopted this model. And then a statement was sent to across the states that
if the state has some provisions similar to UNCITRAL Model law on e-commerce then
rearrange it in the light of the U.M.L. And if u don’t then come up with laws in accordance
with the same.

At that time India did not have any such arrangement, hence we came up with the IT Act the
cyber law).

It was followed by some amendments to:

- The Indian Penal Code, 1860

- The Indian Evidence Act, 1872
- The Banker’s Book Evidence Act, 1891
- The Reserve Bank of India Act, 1934

When IT act was passed (IT Act 2000)

- It had 13 Chapters
- Around 90 sections
 - 2 Main objectives: 1. Promotion of e-commerce, 2. Promotion of e-governance in the
country.
And gradually as the time passed, in the wake of new crimes a major amendment was
made, the 2008 amendment of the IT Act, which was executed in 2009. And since the
2009 execution of the amendment, the 3rd main, practical objective was introduced,
i.e. to control the rising cyber-crimes in the country. Hence from 2009, there were 3
main objectives.

17-09-2020

E-governance:

Introduction.

One of the objectives behind the enactment of it act was the promotion of e-governance.

Refers to application of ICT to the process of govt. functioning smart governance (smart-
simple, moral, accountable, responsive, and transparent government.)

World bank defines e gov as use of ict by govt agencies to transform relations with citizenz,
businesses and other arms o fthe govt.

Objectives of e gov

1. Smart governance
2. Cost reduction
3. Revenue growth
4. Check in corruption

Models of e gov/ types of interactions in e gov

1. G to C model govt to citizens. This involve delivery of large range of public services.
Eg. The online railway reservation.
2. G to G govt to govt. Involves flows of information, services. It can be horizontal and
vertical.
3. G to B govt to b’ness. This model has gained a lot of significance. The ease of --- is
supported in this. Here e gov tools are used to ease the business community in the
country
4. G to E govt to employees.
5. G to S govt to society.
Stages of e-governance

1. Computerization – started off as a small project, leading to large no. of govt. offices
were equipped with computers. Big role played by NIC (natural informatics centre).
2. Networking- Here we had NIC Net, in 1987. National satellite based computer
network.
3. Online presence- started with introduction of internet in India. It was started in 1995.
Everyone wanted to be present online. For their presence online they started different
websites/web pages.
4. Online interactivity/ Dynamic Websites- finding downloading moving pictures etc.
5. Mobile governance- the smart phones, most easy way to go online

Some Projects in this field that proved to be very beneficial for the society are:

- Bhoomi project in Karnataka

- Gyan Doot of MP (G to C)
- Lok Vaani Project, UP
- E-Mitra project, in Rajasthan
- E-Seva in Andhra Pradesh
- MCA 21

IT Act and E-Governance

Chapter 3 of IT Act is connected to (focuses on) e-governance. The related sections as under,

Sec 4- provides legal recognition to e-records.

Sec 5- authorises the use of e-signatures for authentication of e-records. In short, legal
recognition to e-signatures

Sec 6- provides for use of e-records and e-signatures in government and its agencies.

Sec 7- if any law provides for any doc, record, info has to be retained then under sec 7 the
same can be retained in electronic form.

Sec 8- provides for publication of rules, regulations, bylaws, notifications etc.in electronic
gazettes.

Sec 6(A) - Provides for the delivery of services by the service provider. It made it possible for
the govt. to share the burden of governance with the private sector. Eg- Making of the
Aadhaar Cards in the starting, where a lot of private agencies took up the job of reaching out
to the public to get the cards made. This Sec6A amendment was made in 2009.

To give the e-governance a concrete shape in the country, NeGP was introduced by the govt.
For this to happen the govt. came up with MMPs (Mission mode projects). Ach dealt with
particular section of govt. The execution/implementation of the National E-Governance Plan
(NeGP) there were two methods of implementation,

1. NIC Model,

2. PPP model (public private partnership model). The most popular PPP model is BOT (Belt
operate and transfer). Eg- the Passport Seva Kendra, run in corporation with TCS.

RTI Act, GI Cloud Initiative.

Challenges- economic nature, social nature, technical nature

Jurisdiction in cyber space.

It was US that first came up with the standards, tests etc. for the regulation of cyber space,
which was accepted by the

- Traditional approach in cyber space- pennoyer theory- came out of Pennoyer v. Neff
a person won’t have jurisdiction of property beyond its territory. This practice existed
till the end of 2nd world war.
- Post 2nd WW.