Study Case Internet Crime
STUDY CASE (INTERNET CRIMES)
1 Open Source Licensing
Open source licensing is resorted to by many sites. However this has certain legal issues. Basically there can be an issue of copyright. Other relevant issues are questions of enforceability on account of clash of local legislation and international agreement. The rights of a programmer warranties and software pattents also needs to detailed study.
2 Cyber Jurisdiction
Internet creates virtual world. There are no demarcated boundaries between the people who utilize the web. The utility extends to information, e-banking, e-commerce, communication etc. the technology is open to hacking, pornography, gambling, identity-theft etc.
This requires understanding of jurisdiction. Various principles have been evolved to decide the jurisdiction. To mention (1) minimum contest test (2) personal jurisdiction (3) long arm statutes. With reference to Indian situation section 75 of Information Technology Act, 2000 contents the provisions regarding jurisdiction. Section 13(3), (4) and (5) also deal with cause of action which is of significance in internet transactions.
Jurisdiction can also be decided on the basis of choice of law, location of server, defendant’s domicile, and place of performance of contract, plaintiff’s domicile and purposeful availment.
3 Andhra Pradesh Tax Case
Dubious tactics of a prominent businessman from Andhra Pradesh was exposed after officials of the department got hold of computers used by the accused person. The owner of a plastics firm was arrested and Rs 22 crore cash was recovered from his house by sleuths of the Vigilance Department. They sought an explanation from him regarding the unaccounted cash within 10 days.
The accused person submitted 6,000 vouchers to prove the legitimacy of trade and thought his offence would go undetected but after careful scrutiny of vouchers and contents of his computers it revealed that all of them were made after the raids were conducted.
It
1 Open Source Licensing
Open source licensing is resorted to by many sites. However this has certain legal issues. Basically there can be an issue of copyright. Other relevant issues are questions of enforceability on account of clash of local legislation and international agreement. The rights of a programmer warranties and software pattents also needs to detailed study.
2 Cyber Jurisdiction
Internet creates virtual world. There are no demarcated boundaries between the people who utilize the web. The utility extends to information, e-banking, e-commerce, communication etc. the technology is open to hacking, pornography, gambling, identity-theft etc.
This requires understanding of jurisdiction. Various principles have been evolved to decide the jurisdiction. To mention (1) minimum contest test (2) personal jurisdiction (3) long arm statutes. With reference to Indian situation section 75 of Information Technology Act, 2000 contents the provisions regarding jurisdiction. Section 13(3), (4) and (5) also deal with cause of action which is of significance in internet transactions.
Jurisdiction can also be decided on the basis of choice of law, location of server, defendant’s domicile, and place of performance of contract, plaintiff’s domicile and purposeful availment.
3 Andhra Pradesh Tax Case
Dubious tactics of a prominent businessman from Andhra Pradesh was exposed after officials of the department got hold of computers used by the accused person. The owner of a plastics firm was arrested and Rs 22 crore cash was recovered from his house by sleuths of the Vigilance Department. They sought an explanation from him regarding the unaccounted cash within 10 days.
The accused person submitted 6,000 vouchers to prove the legitimacy of trade and thought his offence would go undetected but after careful scrutiny of vouchers and contents of his computers it revealed that all of them were made after the raids were conducted.
It