Discus the essentials of a valid contract.

The essentials of a valid contract are:

• Intention with which the contract is created: The intention to create a contract should be clear otherwise, it will be treated as invalid.
• Offer and acceptance: A contract ceases to exist without an offer. An acceptance will be deemed to be complete when both the parties are in conscience with each other.
• Consideration: A consideration may consist sometimes in the doing of a requested act, and sometimes in the making of a promise by the offeree. Consideration is not required for a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor or something, which the promisor was legally compellable to do. It is also not required for a written and signed promise by the debtor (or his duly authorized agent) to pay a time-barred debt to the creditor.
• Capacity to enter into contract: A person can enter into a contract only after he has attained an age of majority and is not debarred by law for doing any unlawful activity.
• Free consent of the parties: When consent is attained by fraud or misrepresentation, the agreement can become void at the consent of the party who was forced to enter into such an agreement.
• Lawful object of the agreement: If the consideration or an object is unlawful, the agreement will be treated as void.

. Discuss the classification of crimes under the IT Act, 2000.

While considering the general terrain of cyber law, as of now, the following acts are construed as cyber crimes in the IT Act, 2000:

• Without permission of the authorized user
• Accessing or securing access to such computer, computer system or computer network
• Downloading, copying or extracting any data or information for such computer, computer system or computer network including information or data held or stored on any removable storage medium
• Introducing any computer virus or contaminant in the computer, computer system or network
• Damaging the computer, computer system or network
• Disrupting the working of the computer, computer system or network
• Disrupting the access of the computer, computer system or network of an authorized user
• Providing assistance to ensure unauthorized access to the computer, computer system or network
• Tampering with computer source documents
• • Hacking with computer system
  • Publishing of information, which is obscene in electronic form
  • Carrying on activities that are not in compliance with the provisions of the Act
  • Failure to extend all facilities and technical assistance to the Controller to decrypt any information necessary for the security of the nation
  • Unauthorized access or attempt to secure unauthorized access to a system that by official notification is declared a protected system

Discuss the current forms of computer crime.(v.v.important)

The misuse of computers began in the year 1960. Later with the rapid growth of telecommunications dissemination of harmful contents, such as pornography and other communication offences in computer networks arose. The modus operandi does not follow a continuous path. It constantly adapts to new technologies. Hence, the computer crimes can be analyzed under the following broad categories:

• Privacy infringement: The personal rights of the citizens are endangered with the collection, transmission, and storage of the personal data. Therefore, in the data processing area, the protection of privacy needs to be considered. A balance needs to be maintained between the privacy interests of data subjects concerned and the economic freedom of the holders of personal data.
• Economic offences: The economic crimes are considered as the central area of computer crime. Hacking, fraudulent manipulation of the computer data is some of the economic offences related to computers.
• Computer hacking: The greatest risk that the information technology business faces today is the security of information in terms of integrity, availability, and confidentiality. Stories about website defacements, credit card frauds, non-availability of web and application servers, and new virus attacks are common. These defacements are done by hackers and this process is called as hacking.
• Software piracy and other forms of product piracy: This includes illegal access of computer programs. It also includes copying the software’s of the individuals to gather more information.

State and discuss the primary assumptions of a legal system

       Following are the primary assumptions of a legal system:

• Sovereignty: Law making power is a matter of sovereign prerogative. As a result, the writ of sovereign authority runs throughout wherever sovereign power exercises authority. Beyond its authority, the sovereign cannot regulate a subject matter through legal intervention.
• Territorial Enforcement: Any law in real world context can only be subjected to predetermined territorial enforcements. There are some exceptions to this. The sovereign authority could join extra territorial jurisdiction in case of criminal law. This indicates that the sovereign authority can initiate prosecution, even if the crime is committed beyond the limits of the territory. The proceedings must comply with the principle of 'double criminality', that is in both the countries, the alleged act of commission must have been criminalized.
• Notion of property: The obtaining premise of the legal response considers 'property' as tangible and physical. In the cyber context, 'property' in the form of digitized services or goods poses serious challenges to this legal understanding. Also that the 'domain names' raise fundamental questions.
• Paper-based transaction: Obtaining legal response considers and encourages people to create and constitute legally binding relationships on the basis of paper- based transactions. Although the word ‘document’ under law takes within its fold material other than paper also. Since in cyber context, digital or electronic record forms the basis of electronic transactions. Hence, the transactions are on the basis of electronic records.
• Real relationships: Legal response considers relationships quite often. In view of connectivity, pace and accuracy as to transmission, in the cyber context, these relationships acquire unique distinction of virtual character. In case of trade and commerce, commercial transaction in the form of contracts constitutes the foundation of legal relationship.

There is no nexus between cyber space and real space - Comment.(important)

There is the difference between the business rules for online commerce and carrying business in the real space. Much of this difference comes from Internet's telepresence features. This feature renders the network technologically indifferent to physical location. The network is very insensitive to geography. It is not possible to determine the physical location of a user or a resource. In real space, locating a person or entity with which business is interacting is much easier. In the cyberspace to know the location of the partners with whom you are interacting is very difficult to know. In some instances, even an Internet address tells something only about the location of a given machine. There is no way to find the information about the actual user. and the information it handles, is used to enhance the dignity of mankind.

. Describe the nature and features of the internet.(important)

A network of networks is called as an Internet. In this the computers systems are connected with each other in a local area network. They are also connected to computers on a national and International scale. The fiber-optic cable, twisted - pair copper wire, microwave transmission, or other communication medias are used for connecting each node, which is a part of the web. A set of rules is followed when the computers on the web communicate with each other. These rules are called as Internet Protocols. In this type of communication, the Internet acts as a packet switched network. The data that needs to be transmitted is broken down into smaller packets. The address of the final destination is attached with the packets. These packets may follow different route from computer to computer until their final destination. At the final destination the recipient machine reassembles the packets

. Explain the four classifications of crime issues

Ethical issues can be classified into:
1. Privacy issues: The privacy issues deal with the collection, storage, and dissemination of information about individuals. For example:

• What information about oneself should an employer reveal to others?
• What kind of surveillance can an employer use on its employees?
• What things can people keep to themselves and not be forced to reveal to others?
• What information about individuals should be kept in databases, and how secure is the information there?

2. Accuracy issues: The accuracy issues deal with authenticity, fidelity, and accuracy of information collected and procured. The questions that need to be addressed in accuracy issues include:
Who is responsible for the accuracy, fidelity, and accuracy of information collected?

• How can we ensure that information will be processed properly and presented accurately to the users?
• How can we ensure that errors in databases, data transmissions, and data processing are accidental and not intentional?
• • Who is to be held responsible for errors in information, and how should the injured party be compensated?
  3. Property issues: The property issues deal with ownership and value of information (intellectual property). Examples of issues that need to be addressed as property issues are:
  
  
  • Who owns the information?
  • What are the just and fair prices for its exchange?
  • How should one handle software piracy?
  • Under what circumstances can one use proprietary databases?
  • Can corporate computers be used for private purposes?
  • How should experts who contribute their knowledge to create expert systems be compensated?
  • How should access to information channels be allocated?
  4. Accessibility issues: The accessibility issues concern with the right to access information and payment towards the same. These issues include:
  
  
  • Who is allowed to access information?
  • How much should be charged for permitting accessibility to information?
  • How can accessibility be provided for employees with disability?
  • Who will be provided with the necessary equipments for accessing information?
  There is a need to address these four types of issues so that the computer and information technology business operates in an ethical domain. We must ensure that information
    
  Question=3.Discuss the distinct features of the Internet.
  
  
  Answer- 
                    The Internet has three distinct features:
  
  
  Global Scope: The Internet has a global reach. Internet technology has much broader scope and access than conventional modes of communications and data retrieval. With little effort, a user can reach hundreds and thousands of individuals around the globe. The ability to reach many people quickly and easily is not exactly new or unique compared to radio or television communication. But the significant difference between the Internet and television and radio is that in the case of radio and television, communication is in most cases one way whereas in the case of Internet it is interactive. It is this interactivity, which is the unique
  • characteristic of the Internet. Not just interactivity, customizability, easy usability, and accessibility are also distinct features of Internet.
  • Anonymity: The second important feature of the Internet is that it provides a certain kind of anonymity. On the Internet, individuals have the possibility of creating a different profile, ensuring that information about them cannot be traced while in communication with others on the Internet. It is a silent feature of Internet communication and people can deliberately avoid seeing or hearing one another directly. Anonymity makes accountability for one’s action difficult to achieve and tends to diminish trust in the information that is being exchanged. The feature of anonymity has also facilitated the development of “virtual information”.
  The open and anonymous nature of communications on the web, has led to the development of software with stealth to gather information intelligently. An inference is made from information gathered without our knowledge or consent, which is termed as “virtual information”. This type of information adds information to a person’s profile and tends to redefine a person’s digital persona. This is an invasion of one’s “virtual privacy”. 
  Reproducibility: The third feature is not just a feature of the Internet, but of information technology in general. Electronic information exists in the form that makes it easy to copy without any loss of originality or value in the process of reproduction. Copied data or software is perfectly usable. Copied data or software leaves no evidence behind and the creator/owner of the data or software could remain unaware of their work being copied. Reproducibility facilitates anonymity