Cyber and Intellectual Property Law

Second Year - Even Semester

Section A: Cyber Law

Dr. Mousumi Haque

Associate Professor
Department of Information and Communication Engineering
University of Rajshahi

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 Cyber Law / Law of the Internet/Internet Law
Definition: Cyber Law is a term coined by Jonathan Rosenoer. Cyber Law is the law governing
cyber space. It is a very wide term and include computers, networks, software, data store devices
(Such as hard disk, USB disk etc.), the internet, websites, emails and even electronic devices such
as cell phones, ATM machines etc.
Cyber law is a term that encapsulates the legal issues related to use of communicative,
transactional, and distributive aspects of networked information devices and technologies.
Cyber law → legal issues related to the use of internet.
The legal issue→ related to the communicational tendency
Utility of Cyber law
● Secured E-commerce for setting online business.
● Digital certificate for securing site.
● Blocking unwanted content from internet.
● Proper monitoring of Traffic.
● Security against common frauds→ copyright infringement.
● Born of new security agencies like cyber cell.
● Software as well as hardware security
 Historical Background of Cyber Law / ICT law
Bangladesh government has recently enacted the Information and Communication Technology
(ICT) Act-2006 on October, 2006. The law has been made in the shape of United Nations
Commission on International Trade Law (UNCITRAL) of 1996, which is called the UNCITRAL
Model Law of Electronic Commerce. The Model Law does not have any force but merely serves
as a model to countries for the evaluation and modernization of certain aspects of their laws and
Practices in the field of communication involving the use of computerized or other modern techn
-iques, and for the establishment of relevant legislation where none exists. The law is sometimes
called cyber law and sometimes the “Law of Internet” or “Computer”. Bangladesh is the 32th
nation in the world that has cyber legislation apart from countries like India, the US, Singapore,
France, Malaysia and Japan.

The arrival of the Internet and World Wide Web made a possible to communicate and transact
over cyber space. It was a revolutionary step for humanity, but it also created a significant need
for the regulation and governance of these activities, a requirement that lead to creation and
implementation of cyber laws across the globe. Bangladesh became the 32th nation in the world
to adopt a cyber law regime during 2006.
 Need of Cyber Law

Enhance the use of online transactions through internet.

Rapid transition from paper to paper economy.

Variety of criminal activities is possible due to the anonymous nature of the internet.
Intelligence is used for misusing this aspect of the internet to perpetuate criminal
activities in cyberspace.

The number of users are increasing rapidly.

Due to these, the need for Cyber Laws arises

 Scope of Cyber Law

Implementing Cyber Laws have the scope to control the following subjects

Unauthorized access with internet to commit further offence; e.g., Computer related or
internet fraud, and theft of information relating to “copy right” or “intellectual right”,
Misappropriation, forgery etc.

Hacking.

Destruction of digital information through use of viruses, logic bombs etc.

Harmful sites (suicide) and contents (e.g. child pornography) on the internet.
 Scope of Cyber Law
Bangladesh has enacted the first cyber law to foster the advantages of new technologies-ICT
as well as to tackle some of the emerging issues on cyber – activities or crimes. For instance,
the act proposes facilitation of :
● Electronic commerce transactions;
● Maintenance of Electronic records;
● Electronic government transactions;
The act also provides for a legal framework for validation of information in electronic form
and deals with the major issues as follows, but not limited to: e.g.
● Securing Electronic transactions.
● Attribution of Electronic messages:
● Electronic signatures and electronic records, given legal status.
● Contraventions regarding electronic records viz., hacking theft of electronic records,
manipulation of records, spreading viruses etc. have been defined.
 Scope of Cyber Law

● Information Technology offences viz. tampering with computer source documents

i.e. obscenity.
● Right of government bodies to decrypt information has been specifically given herein.
● Privacy and confidentially of information submitted to statutory authorities.
● Facilitates e-commerce as well as electronic filling and maintenance of records as against
the government.
 What is ICT Law

ICT law focuses on the law related to ICT:

● Information or data in paper or electronic format;
● Communication in person or electronically (electronic communications), in writing or voice,
telecommunications and broadcasting;
● Information Technology (IT)- Including software, hardware and electronics;
● Communication technology- including protocols, software and hardware;

By law we mean rules, codes and standards. There are many terms that describe the
area of law we specializes in;
● ICT law, IT law technology law, tech law, computer law;
● Electronic law or e-law;
● Social or new media law, digital media law
● Internet law, cyber law, and web law.`
 What is ICT Law

It’s the law (ICT law) related to the topics deal with on this website and includes:
● Information management
● Communications;
● Hardware- computers and all other tech gadgets, like cell phones
● Software
● Domain names
● The internet and websites
● Electronic commerce-or ecommerce and online stores;
● media-print, social, new and digital media;
● email;
● Privacy and security;
● Games and entertainment, internet gaming
● Digital marketing;
 Role of Cyber Law

To understand the extent to which the development of Cyber law in Bangladesh so we will talk
Briefly about the fundamental juridical aspects that exist within the set of Internet traffic as a
Special legal regime, where there main components which include the existing problems in the
virtual world.
First, concerning jurisdiction and related aspects; these components to analyze and determine
The applicability of the law in cyberspace and applied it;
Second, on the basis to do use of the internet as a means of dealing with the freedom of speech
that convey the responsibility in providing online services and internet service providers
(Internet provider), as well as legal liability for internet service providers network education
through;
Third, concerning where the aspect about patent, trademark secrets and force applied
in the cyber world;
 Role of Cyber Law

Fourth, concerning the confidentiality of which is guaranteed by law provisions applicable in

each jurisdiction in the country of origin of the use or utilizing cyber space as part of the
mechanism for system or services that they do;
Fifth, about the legal aspects of security from internet user;
Sixth, on formulating laws aspects of owner ship the internet as part of the value of the
investment in accordance with the principles can count finance or accounting principles;
Seventh, about aspects of the law that gives legalization internet as a part of a trade or business
venture;
 Classification of Cyber Law

Cyber Laws relate to the regulations that affect the transactions of individuals in Cyber Space
namely the imaginary transaction area that seems to exist when two computers exchange data.
1. Laws Relating to Digital Contracts
2. Laws Relating to Digital Property
3. Laws Relating to Digital Rights
4. Law of Cyber Crimes
The Law of Digital Contracts: Contracts are the lifeblood of business. They are agreements
between two or more parties which can be enforced in a Court of Law. The Information and
Communication Technology Act 2000 (ICT Act-2006) has given legal recognition in India for
“Electronic Documents” and “Digital Signatures” so that in any context, if a document is to
be written form and signed for it to be legally valid, the document can be rendered as an
Electronic Document and “Digitally Signed”.
 Classification of Cyber Law
The Digital Signature is an important component of the contract law and only a system using a
Standard one way hash algorithm for data integrity check and a standard asymmetric Crypto
System using the Private and Public Key combination for encryption is defined as a valid
“Digital Signature”.
The digital Certificate will contain such details as the name and address of the holder, his e-mail
address, a serial number and date of expiry.
Laws Relating to Digital Property: “Domain Name” is an important digital property which any
website owner possesses. But who owns it and how it can be transferred etc. is covered by Indian
law. This is however coming under the contractual arrangement between the “Domain Name
Registration” and the “Domain Name Register”. Domain Name registrars are those who are
Authorized for the purpose by ICANN (Internet Corporation for Assigned Names and Numbers)
and the law regarding domain names is governed indirectly by the policies of the ICANN.
Presently the law of domain names is closely linked to the “Law Trade Marks”. Under normal
Circumstances, the person who holds a “Trade Mark Right” on any name can claim priority to
Possess a corresponding domain name and even dispossess the earlier registrant of a “Confusing
Domain Name”
 Classification of Cyber Law
Laws Relating to Digital Rights: Every citizen of a Democratic society enjoys certain rights as a
Member of the society such as “Freedom of Speech” and “Right to Privacy” within a frame
work of regulation. These rights extend to the actions of individuals on Cyber Space.

Law of Cyber Crime: The ICT Act, 2006 discusses certain offences that can be called Cyber
Crimes. Additionally, any crime defined in the Indian Penal Code, if committed using a Cyber
Tool such as Computer, Website, E-mail or any other Electronic document, can also be classified
as a Cyber Crime.
Some of the easily identified Cyber Crimes are as follows:
● Hacking or Unauthorized Entry into Information Systems
● Virus Introduction
● Publishing or Distribution of Obscene Content in Electronic Form
● Tampering with Electronic Documents required to be kept under law
● Providing False information for obtaining Digital Certificates
● Causing Denial of Service
● Frauds using Electronic Documents
● Violation of Copyright, Trademark or Patent rights
● Violation of Privacy rights such as Stalking
● Defamation through E-mail
● Holding out threats through E-mails
● Assisting in commission of Crimes
● Non Cooperation with Regulatory authorities etc.