CYBER TORTS

Submitted By: Submitted To:

Shubh Dixit Shyam Kaushik

Second Semester Faculty Of Law

B.A. L.L.B

NATIONAL LAW UNIVERSITY, JODHPUR

WINTER SESSION

(JANUARY-MAY 2015)

CYBER TORTS

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ACKNOWLEDGEMENT

On the completion of this project I find that there are many persons to whom

I would like to express my gratitude, since without their help and co-

operation the success of this educative endeavour would not have been

possible.

I welcome this opportunity to express my sincere gratitude to my teacher

and guide Mr. Shyam Kaushik , Faculty of Tort Law, who has been a

constant source of encouragement and guidance throughout the course of

this work.

I am grateful to the IT Staff for providing all necessary facilities for carrying

out this work. Thanks are also due to all members of the Library staff for

their help and assistance at all times.

I am also grateful to all my friends and colleagues for being helpful in their

differences and for their constant support.

Shubh Dixit

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CONTENTS

INTRODUCTION...............................................................................................................4

CIVIL AND CRIMINAL ACTION....................................................................................7

WHAT CONSTITUTES CYBER TORTS?........................................................................8

CYBER STALKING.......................................................................................................8

India’s first cyber stalking case.................................................................................10

SPAMMING..................................................................................................................11

CYBER DEFAMATION...............................................................................................12

SQUATTING................................................................................................................14

SPOOFING....................................................................................................................15

INFORMATION TECHNOLOGY ACT, 2000 AND ITS AMENDMENTS..................15

CYBER TORTS IN INDIA AND OTHER COUNTRIES...............................................19

REASONS FOR THE SLOW GROWTH.........................................................................20

BIBLIOGRAPHY..............................................................................................................24

Books.............................................................................................................................24

Journals..........................................................................................................................25

Cases..............................................................................................................................25

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INTRODUCTION

The word ‘cyber’ is the virtual world of internet, where there are no limited boundaries

between the people who use it. It is reality that the extent to which information

technology has spread, its reach and influence, makes societies that much more

vulnerable to any possible use and misuse of the technology.1

Cybertort is a neoligism (coined from the terms cyberspace and tort) = tort law as it

relates to the internet/world wide web. The term ‘cyber torts’ is a misnomer. This term

has nowhere been defined in any statute /Act passed or enacted by the Indian Parliament.

The concept of cyber is not radically different from the concept of conventional torts.

Both include conduct whether act or omission, which cause breach of rules of law and

counterbalanced by the sanction of the state.

Cyber torts is the latest and perhaps the most complicated problem in the cyber world. Cyber torts

may be said to be those species, of which, genus is the conventional torts, and where either the

computer is an object or subject of the conduct constituting crime. Any tortuous Activity that uses

a computer either as an instrumentality, target or a means for perpetuating further torts comes

within the ambit of cyber torts.

A generalized definition of cyber torts may be “ unlawful acts wherein the computer is either a

tool or target or both” The computer may be used as a tool in the following kinds of activity-

1 Joga Rao S. V(2004), law of cyber crimes & information technology law. 1st edition, p.46

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financial crimes, sale of illegal articles, pornography, online gambling, intellectual property

crime, e-mail spoofing, forgery, cyber defamation, cyber stalking. The computer may however be

target for unlawful acts in the following cases- unauthorized access to computer/ computer

system/ computer networks, theft of information contained in the electronic form, e-mail

bombing, data didling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web

jacking, theft of computer system, physically damaging the computer system

The use of internet has brought about a lot of benefits, such as e-commerce, e-banking,

unlimited information, easy and inexpensive communication through e-mail, messengers,

voice chat, social websites, etc. But there are some demerits also, like hacking stalking,

defamation, spamming, viruses, gambling.

It is very necessary to have regular checks and balance everything that exists with the

interference of the law, to regulate the people in their behavior. Politics and pornography

are not the only reasons why government would interfere in the use of internet, there

were financial aspects like taxation, intellectual property rights, commerce trade and the

gambling so that the government could have their revenues

The internet started to gain importance from mid-1990s onwards, with the country

realizing the potentiality of the internet through its tremendous growth.

Computers with internet facilities have become the most dominant medium of

communication. The internet with all the benefits of anonymity reliability and

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convenience has become an appropriate breeding place for persons interested in making

use of the met for illegal gainful purposes, either monetary or otherwise.2

The biggest challenge to the law is to keep pace with the technology. Some of the

challenges of making technology based laws are that there is a chance of them being soon

outdated. So as far as possible technology must be formulated in a technology neutral

way. There has to be a consistency between the laws.

CIVIL AND CRIMINAL ACTION

The Information Technology Act provides civil and criminal sanctions for the violation

of its provisions. Civil proceedings is one in which one person or state seeks to enforce

by appropriate relief and the alleged implementation of the civil rights against another

person and which if the claim is proved, would result in the declaration, express or

implied, of the rights claimed and the relief. If the order of the court is directed against a

proceeding which is criminal in nature, i.e., if the proceeding is carried on to a conclusion

that it may end in imprisonment for the offence or imprisonment of fine, then proceeding

must be taken to be criminal proceeding.3

Civil sanctions are intended to secure to the affected party damages and render the

contravention unprofitable. Criminal sanction is the prosecution which results in fine

and / or imprisonment offence by a statute proceeds on the assumption that society

2 Legal dimensions of cyberspace, edited by SK Verma and Raman Mittal, Indian law institute, new delhi, 2004, pg 2283 Kashinath Dutta v. Calcutta Municipal Corporation AIR 1992 cal 83

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suffers by the act of commission or omission of the defaulter and that a deterrent sentence

must be imposed to discourage the repetition of the offence.4

Proceedings for damages are distinct from the criminal complaints filed against the

contravener. The imposition of damages is neither a prosecution nor a punishment for any

offence. It can continue simultaneously with filing a criminal complaint.

Invocation of one does not exclude resort to the other. It is well known that the legislation

can impose both a criminal as well as civil sanction of the same act of commission or

omission.

Civil sanctions are primarily as a safeguard for the protection of the proprietary or the

privacy rights and interests of a person, where as criminal sanction is intended to

vindicate public justice by punishing the offender. Thus the two remedies are mutually

exclusive, but clearly co existence and essentially differ in their content and consequence.

WHAT CONSTITUTES CYBER TORTS?

There are many cyber torts, that is civil wrongs that is committed with the help of

computer technology. Some of the most common cyber torts are-

Stalking

Spamming

Defamation

4 Law of information technology( cyber law), DP mittal, October 2000, pg no 172

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Squatting

Spoofing

CYBER STALKING

Stalking has long been known as unwanted activity of an obsessive stalker towards a

distressed stalkee. Although this concept is existing for a long time, its impact attracted

only in the recent times. Cyber stalking is the exploitation of Information and

Communications Technology methods to follow other persons repetitively to cause

displeasure, annoyance, distress and fear.5

Internet services such as e-mails are also abused by the cyber stalkers to send text,

graphics, audio and video based messages to the email account of the victim, transmitting

threatening , alarming and harassing contents. Stalking can be done either directly or

indirectly. In the direct harassment, the stalker sends harassing messages to the targeted

victim and in the indirect harassment, the stalker tries to obtain the personal information

and then uses the information to contact the person through other means.

Cyberized stalking threatens a great number of netizens, who in turn cannot get away

from such harassment just by moving to a different place or disconnecting himself/herself

from the internet. Stalking occurring in cyberspaces leaves no direct viewing traces,

causes no direct viewing efforts except digitalized effects, and leads to no direct viewing

5 Xiang li, Cyber Stalking: Information and Communications Technology Makes it Different, Cyber Law Journal, The ICFAI University, feb 2009, pg 32

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detection, except through computerized detection. Yet it harms the victim living in the

real space. 6

The process of stalking has low controllability. The real identity of the user is not

necessary for using the internet. It is necessary to point out that anonymity not only costs

the victim and the law enforcement, nut also the perpetrator. The impossibility of control

over the internet immunizes individuals and institutions from any liability for the

omission of such control.

Sometimes personal information is published in telephone directory or yellow pages,

which usually collects names, profession, profession, telephone numbers, residence

addresses, and even e-mail accounts. Publishing such information means anyone can use

the information and contact the person. But the dispute arises about who can, at what

time, how frequently and for what purpose the information is used. Dispute is involved

when it becomes difficult to judge whether an act is normal or abnormal use of

information.

Thus exploiting new technological methods, cyber stalking poses severe intimidation to

netizens who are in the cyber space as it helps them to do many things fast and efficiently

in this information age.

India’s first cyber stalking case

6 Xiang li, Cyber Stalking: Information and Communications Technology Makes it Different, Cyber Law Journal, The ICFAI University, feb 2009, pg 33

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The Delhi police registered India’s first case of cyber stalking in 2000. Ritu Kohli,

complained against a person who was using her identity to chat over obscene things on

the net and her telephone number and her address was also given to various people by

that (one who takes other’s identity) person. Later the IP address were traced and they

arrested Manish Kathuria. He was charged under section 509, of IPC.7

But the cyber stalking does not come under the purview of the section 509, as the law

under this section states that any wrong committed through words which are uttered or a

gesture must be made or any object should be exhibited. But cyber stalking is just about

typing and working on the computer, which does not come under the ambit of section 509

of IPC.

There is a need to create more awareness amongst the legislature and the law enforcing

agencies regarding the cyber torts and crimes in order to enable the early regulation.

SPAMMING

The act of sending unsolicited e-mails in bulk is called “spamming,” and the unwelcome

messages are called “spam.”8 Spamming, which accounts for 40% of global email

traffic, is appealing precisely because it is cheap.

The spammer bears basically the same cost for sending one unsolicited e-mail as she

would for sending one million. While the cost to the spammer is minimal, the cost to

consumers and ISPs is immense.

7 Some Cyber Law Perspectives, The ICFAI Journal of Cyber Law, vol 1 ,nov 2002,pg 98 Evans C. Anyanwu, When bad thingshappen to good laws :Fighting spamming with the law of Trespass and other novel approaches, www.cyberlinks.com

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 Unsolicited bulk e-mail, sometimes referred to as "Spam" or "Unsolicited Commercial

Electronic mail," is electronic mail which is unsolicited and sent for the purpose of

selling the recipient goods, services, or property.  Commercial electronic mail

advertisements are most often used to solicit multi-level marketing, get-rich-quick and

work-at-home schemes as well as questionable products and pornography.  Not only does

Spam affect consumer and citizen e-mail users, but it can cripple businesses and Internet

Service Providers.

In each spamming cases , the plaintiff shows some interference, with the efficient

functioning of the computer system; Compuserve,9 for example, presented evidence that

the defendant’s mass emails placed a remendous burden on Compuserve’s equipment by

using disk space and draining processing power, leaving those resources unavailable for

the subscribers.

CYBER DEFAMATION

Cyber defamation would imply defamation by anything which can be read, seen or heard

with the help of the computers. There are certain noticeable differences between online

and offline attempt of defamation which makes the online defamation more vigorous and

effective.

This occurs when defamation takes place with the help of computers and / or the Internet.

E.g. someone publishes defamatory matter about someone on a website or sends e-mails

9 CompuServe, Inc. v Cyber Promotions, Inc. 115 S.Ct. 2338, 2344 (1995)

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containing defamatory information to all of that person’s friends. In a recent occurrence,

Surekha (names of people have been changed), a young girl was about to be married to

Suraj. She was really pleased because despite it being an arranged marriage, she had liked

the boy. He had seemed to be open-minded and pleasant. Then, one day when she met

Suraj, he looked worried and even a little upset. He was not really interested in talking to

her. When asked he told her that, members of his family had been receiving e-mails that

contained malicious things about Surekha’s character. Some of them spoke of affairs,

which she had had in the past. He told her 168 that, his parents were justifiably very upset

and were also considering breaking off the engagement. Fortunately, Suraj was able to

prevail upon his parents and the other elders of his house to approach the police instead

of blindly believing what was contained in the mails. During investigation, it was

revealed that the person sending those e-mails was none other than Surekha’s stepfather.

He had sent these e-mails so as to break up the marriage. The girl’s marriage would have

caused him to lose control of her property of which he was the guardian till she got

married.

Another famous case of cyber defamation occurred in America. All friends and relatives

of a lady were beset with obscene e-mail messages appearing to originate from her

account. These mails were giving the lady in question a bad name among her friends. The

lady was an activist against pornography. In reality, a group of people displeased with her

views and angry with her for opposing they had decided to get back at her by using such

underhanded methods. In addition to sending spoofed obscene e-mails they also put up

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websites about her, that basically maligned her character and sent e-mails to her family

and friends containing matter defaming her

SQUATTING

Cyber squatting is the act of registering a famous domain name and then selling it for a

fortune. This is an issue that has not been tackled in IT act 2000. Cybersquatting is a

crime against the laws and regulations of cyber law. It can be defined as registering,

trafficking in, or using a domain name with bad-faith i.e. mala fide intent to make profit

from the goodwill of a trademark belonging to someone else. The cyber squatter then

offers to sell the domain to the person or company who owns a trademark contained

within the name at an inflated price.

The term is derived from squatting, which is the act of occupying an abandoned or

unoccupied space or building that the squatter does not own, rent or otherwise have

permission to use. Cybersquatting however, is a bit different in that the domain names

that are being squatted are (sometimes but not always) being paid for through the

registration process by the Cybersquatters. Cybersquatters usually ask for prices far

greater than that at which they purchased it. Some cybersquatters put up derogatory or

defamatory remarks about the person or company the domain is meant to represent in an

effort to encourage the subject to buy the domain from them.

The World Intellectual Property Organisation (WIPO) saw a 20 per cent increase in the

number of cyber squatting (abusive registration of trademarks as domain names) cases

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filed in 2005 as compared to 2004. In 2005, a total of 1,456 cyber squatting cases were

filed with WIPOs Arbitration and Mediation Centre, according to a WIPO release. 10

SPOOFING

A spoofed email is one that appears to originate from one source but actually has been

sent from another source. E.g. Pooja has an e-mail address pooja@asianlaws.org. Her

enemy, Sameer spoofs her e-mail and sends obscene messages to all her acquaintances.

Since the e-mails appear to have originated from Pooja, her friends could take offence

and relationships could be spoiled for life. Email spoofing can also cause monetary

damage. In an American case, a teenager made millions of dollars by spreading false

information about certain companies whose shares he had short sold. This misinformation

was spread by sending spoofed emails, purportedly from news agencies like Reuters, to

share brokers and investors who were informed that the companies were doing very

badly. Even after the truth came out the values of the shares did not go back to the earlier

levels and thousands of investors lost a lot of money.

10 Rima Bhardwaj & Dushyant Upadhyay, A brief legal overview.

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INFORMATION TECHNOLOGY ACT, 2000 AND ITS AMENDMENTS

The Information Technology Act, 2000 came into force in India on 17th of October 2000.

It extends to whole of India and also applies to any offence or contraventions committed

outside India by any person (Section 1 (2), IT Act, 2000). According to Section 75 of the

Act, the Act applies to any offence or contravention committed outside India by any

person irrespective of his nationality, if such act involves a computer, computer system or

network located in India. The IT Act prescribes provisions for contraventions in Chapter

IX of the Act, particularly Section 43 of the Act, which covers unauthorized access,

downloading, introduction of virus, denial of access and internet time theft committed by

any person. It prescribes punishment by way of damages not exceeding Rs. 1 crore to the

affected party. Chapter XI of the IT Act discusses the cyber crimes and offences interalia,

tampering with computer source documents (Sec. 65), Hacking (Sec.66), Publishing of

obscene information (Sec.67), Unauthorized access to protected system (Sec.70), Breach

of confidentiality (Sec.72), Publishing false digital signature certificate (Sec.73).11

The information technology act intends to give legal recognition to e-commerce and e-

governance and facilitate its development as an alternate to paper based traditional

methods. The IT (Information Technology) Act, 2000, which derives its flavor from

UNCITRAL’s (United Nations Commission on International Trade Laws) Model Law on

e-commerce. A UN General Assembly resolution in 1997 advocated the adoption of

UNCITRAL Model Law in the local laws of member countries to maintain uniformity in

practice. The IT Act primarily seeks to recognize transactions carried out by electronic

11 Karnika Seth, INDIA - CYBER CRIMES AND THE ARM OF LAW - AN INDIAN PERSPECTIVE.

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means and to provide a framework for the development of e-commerce and e-

governance.

Amongst other things, the IT Act provides for:

Legal recognition of electronic records

Facilitation of electronic filing of documents with government agencies

Authentication and certification of electronic records by means of digital

signatures

Transaction of business through electronic data interchange and electronic

communication

Prevention of computer crimes, etc

Amendment of Indian Penal Code, 1860, Indian Evidence Act, 1872, Bankers

Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934 to bring them

in tune with the information-technology regime

The Information Technology (IT) Act, 2000, specifies the acts which have been made

punishable. Since the primary objective of this Act is to create an enabling environment

for commercial use of I.T., certain omissions and commissions of criminals while using

computers have not been included.12 With the legal recognition of Electronic Records and

the amendments made in the several sections of the IPC vide the IT Act, 2000, several

offences having bearing on cyber-arena are also registered under the appropriate sections

of the IPC.

12Talwant Singh, Cyber law and Information technology

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The IT Act has many inherent limitations and shortcomings. The most significant one

amongst them are:

The Act makes no reference to the protection of intellectual property like copyrights,

patents or trademarks on the Net. It is also silent on domain-name infringement and cyber

squatting. This seriously inhibits corporate bodies to invest in the IT infrastructure

It extends the application of its penal provisions to persons outside India,

irrespective of their nationality if the offence under the Act relates to a computer

located in India. Such extra-territorial jurisdiction is fraught with limitations as to

its enforcement. Although, this seeks to afford protection for Indian cyber space

from intruders from other countries but the example of Dawood and Quattrochi

clearly bare the ineffective enforcement machinery in India

It excludes property transactions to be carried out on-line due to the necessity of

payment of stamp duty and registration of documents

The Act fails to address the issue of cross-border taxation that may arise in

international contracts. The question of jurisdiction of a particular country over

on-line transactions, which involves more than one jurisdiction, has also been left

open

It does not deal with Internet privacy issues like prohibition of unsolicited

commercial mail (spamming) and unauthorized use of private data collected on-

line

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It binds digital signatures to the asymmetric encryption system, limiting the scope

of innovation in technology. This is a serious drawback especially since the

technology is being replaced with a more secure system soon

It fails to cover control of cyber laundering of money, which can easily be used

for criminal or terrorist activities especially given the situation post September 11.

CYBER TORTS IN INDIA AND OTHER COUNTRIES

While there is some United States law that does restrict access to materials on the

internet, it does not truly filter the internet. Many Asian and Middle Eastern nations use

any number of combinations of code-based regulation (one of Lessig's four methods of

net regulation) to block material that their governments have deemed inappropriate for

their citizens to view. China and Saudi Arabia are two excellent examples of nations that

have achieved high degrees of success in regulating their citizens access to the internet.

Pavan Duggal, Advocate, Supreme Court and Cyber law expert has also been vocal about

India's Information Technology Act 2000, and did not find it adequate due to various

flaws in it. He has been critical of the efficacy of new Amendments to IT Act 2000 in

India. He believes that new amendments, passed by Indian Parliament in Dec 2008, are

not at all sufficient in the context of the emerging needs of India and there are various

glaring loopholes.

In many countries, speech through cyberspace has proven to be another means of

communication which has been regulated by the government. The Open Net Initiative,

whose mission statement is "to investigate and challenge state filtration and surveillance

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practices" in order to "...generate a credible picture of these practices," has released

numerous reports documenting the filtration of internet-speech in various countries.

While China has thus far proven to be the most rigorous in its attempts to filter unwanted

parts of the internet from its citizens, many other countries - including Australia,

Singapore, Iran, Saudi Arabia, and Tunisia - have engaged in similar practices of internet

censorship. In one of the most vivid examples of information-control, the Chinese

government for a short time transparently forwarded requests to the Google search engine

to its own, state-controlled search engines .

These examples of filtration bring to light many underlying questions concerning the

freedom of speech, namely, does the government have a legitimate role in limiting access

to information? And if so, what forms of regulation are acceptable? The recent blocking

of "blogspot" and other websites in India failed to reconcile the conflicting interests of

speech and expression on the one hand and legitimate government concerns on the other

hand.

REASONS FOR THE SLOW GROWTH

India became independent on 15th August, 1947. In the 49th year of Indian

independence, Internet was commercially introduced in our country. The beginnings of

Internet were extremely small and the growth of subscribers painfully slow.13 However as

Internet has grown in our country, the need has been felt to enact the relevant Cyberlaws

13 Why cyber laws in India, www.pavanduggalassociates.com

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which are necessary to regulate Internet in India. This need for cyberlaws was propelled

by numerous factors.

Firstly, India has an extremely detailed and well-defined legal system in place. Numerous

laws have been enacted and implemented and the foremost amongst them is The

Constitution of India. We have interalia, amongst others, the Indian Penal Code, the

Indian Evidence Act 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank

of India Act, 1934, the Companies Act, and so on. However the arrival of Internet

signalled the beginning of the rise of new and complex legal issues. It may be pertinent to

mention that all the existing laws in place in India were enacted way back keeping in

mind the relevant political, social, economic, and cultural scenario of that relevant time.

Nobody then could really visualize about the Internet. Despite the brilliant acumen of our

master draftsmen, the requirements of cyberspace could hardly ever be anticipated. As

such, the coming of the Internet led to the emergence of numerous ticklish legal issues

and problems which necessitated the enactment of Cyberlaws.

Secondly, the existing laws of India, even with the most benevolent and liberal

interpretation, could not be interpreted in the light of the emerging cyberspace, to include

all aspects relating to different activities in cyberspace. In fact, the practical experience

and the wisdom of judgment found that it shall not be without major perils and pitfalls, if

the existing laws were to be interpreted in the scenario of emerging cyberspace, without

enacting new cyberlaws. As such, the need for enactment of relevant cyberlaws.

Thirdly, none of the existing laws gave any legal validity or sanction to the activities in

Cyberspace. For example, the Net is used by a large majority of users for email. Yet till

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today, email is not "legal" in our country. There is no law in the country, which gives

legal validity, and sanction to email. Courts and judiciary in our country have been

reluctant to grant judicial recognition to the legality of email in the absence of any

specific law having been enacted by the Parliament. As such the need has arisen for

Cyberlaw.

Fourthly, Internet requires an enabling and supportive legal infrastructure in tune with the

times. This legal infrastructure can only be given by the enactment of the relevant

Cyberlaws as the traditional laws have failed to grant the same. E-commerce, the biggest

future of Internet, can only be possible if necessary legal infrastructure compliments the

same to enable its vibrant growth.

The latest statistics show that cyber torts/crime is actually on the rise. However, it is true

that in India, cyber torts/crime is not reported too much about. Consequently there is a

false sense of complacency that cyber torts/crime does not exist and that society is safe

from cyber torts/crime. This is not the correct picture. The fact is that people in our

country do not report cyber torts/crimes for many reasons. Many do not want to face

harassment by the police. There is also the fear of bad publicity in the media, which could

hurt their reputation and standing in society. Also, it becomes extremely difficult to

convince the police to register any cyber torts/crime, because of lack of orientation and

awareness about cyber torts/crimes and their registration and handling by the police.

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The absolutely poor rate of cyber crime conviction in the country has also not helped the

cause of regulating cyber torts/crime. There has only been few cyber torts/crime

convictions in the whole country, which can be counted on fingers.

CONCLUSION

One question that is often asked is why should we have Cyberlaw in India, when a large

chunk of the Indian population is below the poverty line and is residing in rural areas ?

More than anything else, India, by its sheer numbers, as also by virtue of its extremely

talented and ever growing IT population, is likely to become a very important Internet

market in the future and it is important that we legislate Cyberlaws in India to provide for

a sound legal and technical frame work which,

in turn, could be a catalyst for growth and success of the Internet Revolution in India.

ASLU survey 2003 reports that most cyber case remain unreported due to the fear of

negative publicity or under a belief that India does not have adequate legal &

enforcement mechanism to deal with such crimes.14 Therefore, it is imperative that

effective measures be adopted to increase awareness of the laws applicable to e-crimes

and positive initiatives be taken by the government to train its police officers, personnel

in the judiciary and other law enforcement agencies to effectively combat cyber crimes.

14 Karnika Seth, INDIA - CYBER CRIMES AND THE ARM OF LAW - AN INDIAN PERSPECTIVE, www.cyberlawsconsultingcenter.com

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Thus cyber laws are very important, esp., in a developing country like India for its

growth. These crimes/torts hamper the technological growth of the country. It can eb

controlled to a great extent through the education of the people about the cyber crimes

and its consequences and also its safety. There are different users like people who hold

data, system operators, buyers, sellers, those who create intellectual property etc. each of

these section of people have to be educated as to how technology can be used to help or

hurt others. And should also be taught the basic safe computing.

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BIBLIOGRAPHY

Books

Chris Reed and John Angel, edn., Computer Law, 4th edn.

DP mittal, Law of information technology( cyber law), October 2000, pg no 172

Joga rao s v(2004), law of cyber crimes & information technology law. 1st edition,

p.46

SK Verma and Raman Mittal(edn.,) ,Legal dimensions of cyberspace, Indian law

institute, new delhi, 2004, pg 228

Journals

Some cyber law perspectives,The icfai journal of cyber law, vol 1 ,nov 2002

Xiang li, Cyber stalking: information and communications technology makes it

different, cyber law journal, The ICFAI university, feb 2009, pg 33

Karnika Seth, INDIA - CYBER CRIMES AND THE ARM OF LAW - AN INDIAN

PERSPECTIVE

Cases

CompuServe, Inc. v Cyber Promotions, Inc. 115 S.Ct. 2338, 2344 (1995)

Kashinath dutta v, Calcutta municipal corporation AIR 1992 cal 83

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