Scope of Cyber Laws Cyber Law - Online Contracts,+

Scope of Cyber Laws: Cyber Law - Online Contracts,
Summing Up
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Cyber law is associated with all the areas of business which have a
technological bend. In this article, we will look at six areas of concern for a
cyber law namely, e-commerce, online contracts, business software
patenting, e-taxation, e-governance, and cyber crimes.
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Study of Cyber Crimes

Introduction of Information Technology Act 2000 Part 1
Introduction of Information Technology Act 2000
Cyber Law – e-commerce
In simple words, e-commerce is the commercial transaction of services in

the electronic format. By definition, e-commerce is:
‘Any transaction conducted over the Internet or through Internet access,

comprising the sale, lease, license, offer or delivery of property, goods,
services or information, whether or not for consideration, and includes the
provision of Internet access.‘
Further, in order to measure e-commerce, the US Census Bureau looks at

the value of the services and/or goods sold online. They look at transaction
over open networks like the internet and also proprietary networks
running Electronic Data Interchange systems.
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Information Technology Act, 2000
Cyber Law – Online Contracts
According to the Indian Contract Act, 1872, a contract needs a proposal and
an acceptance of the proposal which transforms into a promise.
Further, a consideration supports the promise and becomes an agreement.

Also, an agreement enforceable by law is a contract. In the online
environment, a series of contractual obligations form online contracts.
Source: Pixabay
Legally speaking, an online contract has the same pre-requisites as a

physical contract. At its most basic level, an online contract needs an online
proposal and its online acceptance by the other party.
Further, online contracts are naturally dynamic and multi-layered and the
agreement might not occur at a single point in time. Usually, there is a chain
of successive events which lead to the formation of a contract.
Cyber Law – Business Software Patenting
A patent protects a process. Copyright, on the other hand, protects an

expression. Therefore, patents confer stronger rights than copyrights.
Typically, a computer program has thousands of instructions.
Also, every program is unique since it is a combination of logically

arranged algorithms. The copyright law covers programs, while the
algorithms and techniques qualify for patenting.
For a very long time, programmers could not patent their software since it
was believed that it is simply a string of logical instructions.
Further, they were required to store the software in the public domain as
the basic tools of scientific and technological work.
However, subsequently, it was granted patent rights for industrial

purposes. As the internet and e-commerce industry matured, business
software patents evolved too.
Cyber Law – e-taxation
As e-commerce grew, commercial transactions across country borders

increased too. This led to debates over the issue of taxation.
Many national tax administrations consider e-commerce as having the

potential to create new revenue streams while presenting challenges to the
national tax systems. This is because new technologies are creating
possibilities for tax avoidance and evasion.
For accurate tax computation, the tax authorities need a system which
provides information regarding the transacting parties, the volume of
transaction and the date, time, and place of the transaction.
While many experts believe that the existing regulations (domestic and
international) are enough for e-commerce transactions, there is a need for
modifying and adjusting the existing laws due to the inherently global
nature of e-commerce.
Cyber Law – e-governance
According to the World Bank, e-governance is the efficient use of

information and technology by government agencies.
It helps them transform their relations with citizens, businesses, and other
government agencies. Also, e-governance involves the use of technology-
enabled initiatives for improving –
The interaction between the government and citizens or businesses: e-
services
The government’s internal operations: e-administration

The external interactions: e-society
Cyber laws support e-governance practices. They promote initiatives like

electronic filing of documents with Government agencies, use of digital
signatures, etc.
Cyber Law – Cyber Crimes
Cyber Crime is when an individual intentionally uses information

technology to produce destructive and harmful effects on the tangible
and/or intangible property of others.
It has no national boundaries and is usually a term for criminal activities

involving a computer or a network as a tool or a target. Here are some
common definitions of cybercrime:
Marc M Goodman – A computer crime (cybercrime) is classified into three

categories:
1. A crime where a computer is a target

2. Crimes where a computer is a tool
3. Crimes where a computer is instrumental
Nandan Kamath – Since the internet is composed of computers, crimes on

the internet are computer crimes. Further, he classifies computer crime
into these three categories:
1. A computer is the subject of the crime – stolen or damaged

2. A computer is the site of the crime – a fraud or copyright infringement
3. Also, a computer used as the instrument of a crime – illegal access of

other machines or hacking.
Suresh T Vishwanathan – He defines computer crime as:

1. Any illegal action where a computer is a tool or object of a crime.
2. Any incident associated with computers where a perpetrator
intentionally tries to gain
3. Computer abuse – any illegal unethical or unauthorized behaviour
pertaining to automatic processing and transmission of data.
Summing Up
There are some authors who argue that cybercrime is one committed using
the internet, abusing the features of the internet, and the absence of
geographical boundaries. New technologies, unwittingly, promote
cybercrime since they allow miscreants to access sensitive data easily like
keyloggers, etc.
Solved Question on Cyber Law
Q1. Which are the six primary areas of concern for a cyber law?
Answer:
The six areas of concern are e-commerce, online contracts, business

software patenting, e-taxation, e-governance, and cyber crimes.

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Scope of Cyber Laws: Cyber Law - Online Contracts,

Study of Cyber Crimes

In simple words, e-commerce is the commercial transaction of services in

‘Any transaction conducted over the Internet or through Internet access,

Further, in order to measure e-commerce, the US Census Bureau looks at

Browse more Topics under Cyber Laws

Regulation of Certifying Authorities

Electronic Record and E-Governance

Cyber Law – Online Contracts

Further, a consideration supports the promise and becomes an agreement.

Legally speaking, an online contract has the same pre-requisites as a

Cyber Law – Business Software Patenting

A patent protects a process. Copyright, on the other hand, protects an

Also, every program is unique since it is a combination of logically

However, subsequently, it was granted patent rights for industrial

Cyber Law – e-taxation

As e-commerce grew, commercial transactions across country borders

Many national tax administrations consider e-commerce as having the

Cyber Law – e-governance

According to the World Bank, e-governance is the efficient use of

The government’s internal operations: e-administration

Cyber laws support e-governance practices. They promote initiatives like

Cyber Law – Cyber Crimes

Cyber Crime is when an individual intentionally uses information

It has no national boundaries and is usually a term for criminal activities

Marc M Goodman – A computer crime (cybercrime) is classified into three

1. A crime where a computer is a target

3. Crimes where a computer is instrumental

Nandan Kamath – Since the internet is composed of computers, crimes on

1. A computer is the subject of the crime – stolen or damaged

3. Also, a computer used as the instrument of a crime – illegal access of

Suresh T Vishwanathan – He defines computer crime as:

Solved Question on Cyber Law

The six areas of concern are e-commerce, online contracts, business

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