Certificate Course on Cyber LawsTHE INDIAN LAW INSTITUTE
- New delhi
Certificate Course on Cyber Laws
Indian Law Institute has been the pioneer in the field of teaching and training of intellectual property laws and cyber laws. After having established a sound framework for the classroom teaching in these fields, we now plan to traverse the virtual world to embark on e-education.
By e-education is meant an innovative, on-line teaching technique for distance learning that utilizes the Internet for teaching purposes. E-education would bring teachers specializing in intellectual property issues closer to students in all corners of India through virtual means. This method allows students to undertake the ILI educational programs in intellectual property at their own place anywhere in India.
The Institute would use distance learning as an alternative and a complement to traditional training methods in order to make course materials accessible to large audiences throughout India.
The development of information technology has improved the communication, has facilitated the growth of trade and commerce and thus, has made the over all life comfortable. The technology has fastened the online banking and other commercial transactions. It has now become easy to do cash-less transaction with the help of plastic money. The technology has improved the quality of governance and general administration by empowering people and bringing in speed, transparency and accountability. However, bigger the power, bigger is the responsibility. The people using the technology have to the aware of the banes of technology. The same technology, which has so many advantages, has brought with it certain disadvantages. It has facilitated the online frauds and other criminal activities such as defamation, theft, obscenity, pornography, pishing and violence etc. The biggest advantage for the offender committing online crimes is that they can remain anonymous. This possibility to remain anonymous has made the investigation into these activities difficult. After investigation, the courts also face the problems concerning conflict of law relating to jurisdiction and application of appropriate law. Given these difficulties of the legal regime, it becomes the responsibility of the people to be aware of the dis-advantages of the technology so as to wane away cheating and other mis-happenings. People should be equipped to protect their rights in online transactions. They should be able to differentiate between the relevant and non-relevant information in this era of information flooded society.
The potential of the technology to be beneficial as well as detrimental to the society has cast obligation on the people to be aware of the two sides of the technology. To spread this awareness about the cyber world and cyber law, the Indian Law Institute, a premier research institute, has decided to do its bit by offering an "Online Certificate Course on "Cyber Law." The Indian law Institute, which leads in imparting relevant and most up-dated legal education to the members of the society, is already offering many regular, full-time & part-time courses and an online certificate course in Intellectual Property Rights.
About the course
Development of Cyber law is a recent phenomenon. It is still in a nascent stage and continuously evolving every passing day. Even the most learned legal luminaries find it difficult to solve the legal problems posed by technology. The Online Certificate Course offered by the institute, intends to spread awareness among the general public about the cyber law, it is specifically beneficial to the lawyer community and the judges in the subordinate judiciary, who face cases on the daily basis.
The course is designed to give distant education wherein the students need not come to the institute for either classes or examination. The course will be conducted online and the subscribers need to operate from their respective places. All the queries of the subscribers relating to the admission or the conduct will be answered online.
The purpose and object of the course:
1. To introduce the cyber world and cyber law in general
2. To explain about the various facets of cyber crimes
3. To enhance the understanding of problems arising out of online transactions and provoke them to find solutions
4. To clarify the Intellectual Property issues in the cyber space and the growth and development of the law in this regard
5. To educate about the regulation of cyber space at national and international level
The Institute's initiative takes full advantage of information technology and the Internet as an alternative and a complement to traditional training programs. It offers new teaching methodologies, specially-designed course materials, evaluation tools, tailored means of delivery, and greater accessibility.
Training would take place in the virtual environment of the Institute's Web site. A network of tutors on the panel of ILI will be available to guide the students. Students and teachers can interact as often as necessary during the course, because communication takes place through e-mail.
At the end of the program, students receive a certificate acknowledging completion of the course.
Things that would take place on-line in the course:
· Student-teacher interaction
· Student tests and assignments
· Course monitoring
Who can pursue?
Anyone who has access to computer and the Internet can benefit from the Institute's e-learning programme.
It is a general course which would be of immense value to persons who fall in the following categories:
· Law enforcement personnel - customs officials, police officials, etc.
· Patent agents
· Intellectual Property Offices in Government Sector
· Software Professionals
· Company Executives
Conduct of the Course
All the students enrolled shall be issued a personal user online ID and password to access that ID. It is only through this ID that the institute will be interacting with the candidates. After creating IDs each student shall be supplied study material and be given assignments from time to time during the course of three months. The course will be conducted only online and no hard copy of either the study material or assignment shall be sent to the candidates or accepted from the candidates.
The candidates shall be evaluated for maximum of 200 marks for which assignments shall be sent from time to time. There will be three assignments of 25 marks each, which will be sent during the course, whereas the final assignment of 125 marks shall be sent at the end of the course.
The candidate needs to score at least 50% i.e. 100 marks to clear the course. The candidates obtaining less than 100 marks shall not be given the certificate but will have the option to reappear with the next batch. For which (s)he needs to deposit Rs. 500/- as readmission fee. Only one chance will be given to reappear with the next batch. If he fails to take readmission in the next batch or fails to clear the exam with next batch, (s)he shall not be able to take the exam again and will have to take afresh admission.
The syllabus is divided in four components:
IV. Detailed Course Content
Paper 1: Introduction to the Cyber World and Cyber Law
1. Cyber World: An Overview
a. The internet and online resources
b. Security of information
c. Digital signature
2. An Overview Cyber Law
1. Introduction about the cyber space
2. Regulation of cyber space - introducing cyber law
3. Scope of Cyber laws - e-commerce; online contracts; IPRs (copyright, trademarks and software patenting); e-taxation; e-governance and cyber crimes
4. Cyber law in India with special reference to Information Technology Act, 2000
Paper II: Regulatory Framework
A. International Legal Regime
a. International legal regime relating to Cyber Crimes
b. European Convention on Cyber Crimes
c. Hague Convention on Jurisdiction and Foreign Judgments: Jurisdiction Agreement
B. International legal regime relating to E-Commerce
a. UNCITRAL Model Law on Electronics Commerce 1996
b. International legal regime relating to Intellectual Property Rights - (i) Berne Convention; (ii) Rome Convention; (iii) WIPO Copyright Treaty; (iv) WIPO Performance and Phonograms Treaty; (v) UDRP; (vi) OECD convention on Database protection
C. Domestic Legal Regime - Cyber Law in India
a. Information Technology Act, 2000 - Digital Signature; E-Governance; Regulation of Certifying Authorities; Duties of Subscribers; Penalties and Adjudications; Offences under the Act; Making of Rules and Regulations etc.
Paper III: Cyber Crimes
1. Introduction - computer crime and cyber crimes; Classification of cyber criems.
2. Cyber crime and Related Concepts
1. Distinction between cyber crime and conventional crimes
2. Reasons for commission of cyber crime
3. Cyber forensic
4. Cyber criminals and their objectives
5. Kinds of cyber crimes - cyber stalking; cyber pornography; forgery and fraud; crime related to IPRs; Cyber terrorism; computer vandalism etc.
3. Regulation of cyber crimes
1. Issues relating to Investigation
2. Issues relating to Jurisdiction
3. Issues relating to Evidence
4. Relevant provisions under Information Technology Act, 2000, Indian Penal Code, Pornography Act and Evidence Act etc.
Paper IV: E-Commerce
1. Online business
1. Definition of E-commerce
2. Types of E-commerce
3. Important Issues in Global E-commerce
i. Issues relating to Access (to infrastructure; to contents; universal access; Digital Divide and Universal Divide);
ii. Trust, Privacy
iv. Consumer Protection
v. Content Regulation; Uniformity in Legal Standards pertaining to internet.
4. Application of conventional territory based law to E-commerce
ii. Intellectual Property Rights
iii. International Trade
iv. Commercial law and standards
v. Dispute resolution
2. IPR Issues
1. IPR - An Overview
2. Copyright Issues in Cyberspace
iv. Protection of content on web site
v. International Treaties
3. Trademark Issues in cyberspace
i. Domain Name Dispute
iii. Uniform Dispute Resolution Policy
iv. Meta-tags and Key words
4. Computer Software and Related IPR Issues