
Explore the essential elements and foundational issues of cyber law as a developing jurisprudence, and examine the building blocks and emerging challenges shaping its future.
Cyber law now covers all electronic formats within the digital and mobile ecosystem. It defines electronic format as any record transmitted, generated, preserved, or stored electronically and accessible for reference.
Explore how electronic format gains legal validity for records and transactions, from ARPANET to the web, via UN model law, Utah cyber law, and India's IT act 2000.
Understand how the Uniform Electronic Transactions Act defines electronic records and signatures, ensures their legal validity, and enables electronic contracts, writings in electronic format, and signatures under section 7.
Explore the legal recognition of electronic authentication and electronic signatures under the United Nations model law on electronic signatures (2001), and its impact on reliable electronic records in national laws.
Explore electronic authentication in cyber law, contrasting electronic records with originals, addressing tampering risks, and applying OECD 2007 foundational and operational principles, including electronic signatures, risk management, usability, and disclosure.
Examine how internet jurisdiction challenges traditional sovereignty as national laws extend beyond borders, turning cyberspace into a space of conflicting rules and prompting new legal approaches.
Explore how mere internet access alone cannot establish jurisdiction and how the Zippo case uses a sliding scale of interactivity and information exchange value to determine personal jurisdiction.
Explore how internet jurisdiction evolved from Zippo to Clarence Valley cases, examining when interactivity, the forum state, and website use create minimum contacts for specific or general jurisdiction.
Examine how internet jurisdiction applies to cybercrime across borders, using extraterritorial provisions like India's Information Technology Act 2000 section 1(2) when the impact is felt domestically.
In this course, the students will have an overview of the importance and significance of Cyberlaw as a discipline of legal study. The students will further get to know how Cyberlaw as a discipline evolved given the early advent and growth of the Internet and the World Wide Web. The students will further get to understand of how early developments in Cyberlaw jurisprudence were remarkably shaped up and influenced by the UNCITRAL Model Law on Electronic Commerce and UNCITRAL Model Law on Electronic Signatures and further how these early developments in the beginning era of Cyberlaw gave a foundation head start for the further development and evolution of Cyberlaw as a legal discipline.
In this course, the students will get an overview of the various essential subjects, issues, and aspects which form an integral part of Cyberlaw as a discipline. The students will get to appreciate how Cyberlaw as a discipline is broad enough to encompass various important and crucial subjects including the legality of the electronic format, legality of electronic authentication, internet jurisdiction, cybercrime, cybersecurity, attribution, data protection and also the role of intermediaries. The present course will give a broad of some of the key essential elements which have today contributed to the evolution of Cyberlaw as a legal discipline.