Cyber Crime Branch Advisory The Nigerian Scam

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Cyber Crime - Questions & Answers

Q.1. What is the introductory background for Cyberlaws ?

Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further development. Of all the significant advances made by mankind from the beginning till date, probably the important of them is the development of Internet. To put in a common man’s language, Internet is a global network of computers, all of them speaking the same language. In 1969, America's Department of Defense commissioned the construction of a Super network called ARPANET. The Advanced Research Projects Agency Network (ARPANET), basically intended as a military network of 40 computers connected by a web of links & lines. This network slowly grew and the Internet was born. By 1981, over 200 computers were connected from all around the world. Now the figure runs into millions.

The real power of today's Internet is that it is available to anyone with a computer and a telephone line. Internet places at an individual's hands the immense and invaluable power of information and communication.

Internet usage has significantly increased over the past few years. The number of data packets which flowed through the Internet have increased dramatically. According to International Data Corporation ("IDC"), approximately 163 million individuals or entities will use the Internet by the end of this year as opposed to 16.1 million in 1995. If left to its own measure, it is highly unlikely that such a trend can reverse itself. Given this present state of the Internet, the necessity of Cyberlaws becomes all the more important.

Q.2. Why is there a need for Cyberlaw ?

When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyberlaws.

Q.3. What is Cyberlaw ?

Internet is believed to be full of anarchy and a system of law and regulation therein seems contradictory. However, cyberspace is being governed by a system of law and regulation called Cyberlaw. There is no one exhaustive definition of the term “Cyberlaw”. Simply speaking, Cyberlaw is a generic term which refers to all the legal and regulatory aspects of Internet and the World Wide Web. Anything concerned with or related to or emanating from any legal aspects or issues concerning any activity of netizens and others, in Cyberspace comes within the ambit of Cyberlaw. The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyberlaw.

Q.4. What is the importance of Cyberlaw ?

Cyberlaw is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. Initially it may seem that Cyberlaws is a very technical field and that it does not have any bearing to most activities in Cyberspace. But the actual truth is that nothing could be further than the truth. Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives.

Q.5. Does Cyberlaw concern me ?

Yes, Cyberlaw does concern me. As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history, every activity of yours in Cyberspace can and will have a Cyberlegal perspective. From the time you register your Domain Name, to the time you set up your web site, to the time you promote your website, to the time you conduct electronic commerce transactions on the said site, at every point of time, there are various Cyberlaw issues involved. You may not be bothered about these issues today because you may feel that they are very distant from you and that they do not have an impact on your Cyber activities. But sooner or later, you will have to tighten your belts and take note of Cyberlaw for your own benefit.

For example, you may knowingly or unknowingly book a Domain Name, say www.xyx.com which may be the trade mark of any other company, person or legal entity in any part of the world, say B. Domain Names are given to you on first come first served basis. But you may be involved by the other party being B in a Cyber legal dispute which may allege that you are deliberately involved in the practice of Cyber squatting (the practice of knowingly registering the trade mark of any legal entity, company or person with the intention of holding on to it and thereafter selling the same to the said legal entity, company or person at a handsome premium). You may also be involved in Cyber litigation as the concerned party, B, may approach the World Intellectual Property Organisation (WIPO) for adjudicating the matter and WIPO by a summary procedure may direct you to relinquish and release the said Domain Name to B, the concerned party. Needless to say, it shall be incumbent on the concerned party, B, to produce all documentary and other evidence to substantiate its claim to the concerned Domain Name. This is just one of the many examples that show the importance of Cyberlaw for you.

Q.6. What is the general awareness about Cyberlaw today ?

Today, the awareness about Cyberlaw is beginning to grow. Many technical experts in the beginning felt that legal regulation of Internet is not necessary. But with the rapid growth of technologies and Internet, it is crystal clear that no activity on Internet can remain free from the influence of Cyberlaw. Publishing a Web page is an excellent way for any commercial business or entity to vastly increase its exposure to millions of persons, organisations and governments world-wide. It is that feature of the Internet which is causing much controversy in the legal community.

Q.7. Is Cyberlaw constantly evolving ?

Yes, Cyberlaw is constantly being evolved. As new and new opportunities and challenges are surfacing, Cyberlaw, being a constantly evolving process, is suitably modifying itself to fit the call of the time. As the Internet grows, numerous legal issues arise. These issues vary from Domain Names, to Intellectual Property Rights to Electronic Commerce to Privacy to Encryption to Electronic Contracts to Cybercrime to Online Banking to Spamming and so on. The list is very long.

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