Question 1 What is Internet? Do you think that Internet be treated by law as different from the real space? Explain. Answer Internet is a network of interconnected computer network which is used to transmit data from one user to another user using communication channels like telephone carrier, so that resources and information could be done efficiently in minimum time. Users can be domestic household, academic users, government network etc. The services used for transmitting data can be e-mail, online chat, video conferencing and web pages which are available through World Wide Web. Internet is a typical example of WAN. In my opinion, Internet should be treated different from real space as per the law because Internet is defined in cyber space which is dynamic in nature involving both human and machines. In physical space Human can act as victim and victimizer but machines cannot be victim. But in cyber space both human and machine can act as a victim as well as victimizer. For example in actual physical space a man using an offending material like iron rod for carrying out a crime then man can be held as victimizer but the material used cannot be held as victimizer. But in case of internet, human who commits a crime like hacking the other users computer system through its computer system. In this case human as well as the computer system shall be treated as victimizer because they are acting as a source of committing crime against other user. The technological intervention and its application is also the factor which separates Cyber space from physical or real world. In context with jurisdiction, in real world pertain to the limited geographical boundaries. For different countries law pertaining for a particular crime is different but in cyber space we have laws which are not defined by the physical boundaries. For example in case of phishing the crime committed in America the accuser can be bought under the purview of the law even if the victimizer is in India while same is not true for conventional crimes committed by the person sitting in India and committing crime outside India. The crimescommitted in cyber space harm the victim more in financial terms but the crimes committed in physical world harms the victim in financial as well as physical aspect also. Thus the impact of cyber-crimes is different fromconventional crimes. For example hacking of a user’s bank account and illegally debiting money from user’s accountis a cyber-crime while extortion of money from some person is a conventional crime. Thus for dealing with cyber- crime we need different laws as compared to our existent laws in real world. In context with the victimizer, Cyber-crime requires skilled operator to implement criminal activities while conventional crime requires a minimum skilled person for implementation. For example for committing cyber law the victimizer need to have basic knowledge of computers while in case of conventional crime any illiterate person can commit the crime. Thus based on above facts it can be concluded that Internet be treated by law as different from the real space.
Question 2 Critically analysis the International legal instruments that are important for the smooth governance of internet? AnswerLegal instrument which are important for the smooth governance of the internet are categorized as cyber laws which affects all the proponents of cyber space which control the access and entry to cyber space, creation of hardware and software for providing the access to cyber space by their device. The cyber laws have three major components users, cyber space and technology used for communication and providing access to the cyber space. Thus a cyber-law specifies the standards which are expected to be followed by users in the cyber space. The cyber space covers the online contracts, e-commerce, e-governance, copyright, trademark and cyber-crimes. For e-commerce, UNCITRAL Model Law was proposed to enable the use of...
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