NLU-
IMT COLLABORATIVE PROGRAMS
MS IN CYBER LAW AND CYBER SECURITY
I SEMESTER
CYBER LAWS: NATIONAL AND INTERNATIONAL PERSPECTIVE (NLU
-01)
ASSIGNMENT
Max. Marks
-30
Last Date
of Submission-
3
1
December
, 2013
Address for Submission:
The Director
NLU
-IMT Colla
borative Programs
National Law University
NH
-65, Nagour Road
Jodhpur
Instructions:
1.
The Assignment
has two parts. Part A and Part B.
2.
The assignment should be hand written
3.
Assignment is for total 30 marks. Question in Part A is for
15 marks and
questions in
part B are for 15
marks. Attempt both the parts
.
Q1. Case Study (Compulsory). 15 Marks.
Swan International Agency Pvt. Ltd. (Swan) is in the business of publishing books, e
-books, internet
blogs for writers, various other internet publications
etc. It wants to expand its business and therefore it
also requested to become a certifying authority under the IT Act. The
Memorandum of Association of
Swan permits any other business to be done by the company. Swan applies to the Controller of Certifying
Authority
to beco
me a certifying authority since
it is in business of publishing electronic books and has
various electronic writers
’ blogs who wish to transact online and thus would be more comfortable in
applying to Swan for digital signature certificate than to
any
other certifying authority. The Controller of
Certifying authority gave a one year license to Swan. Within 6 months of the grant of license of
Certifying authority, there was a raid on Swan’s premises by CBI and Delhi Police alleging that it is
allowin
g the digital signature certificate to be
misused
and thus has caused massive economic losses to
various people.
Swan’s directors are prosecuted. One of the creditors of the company wants to liquidate
the company and applies to the High Court in this regar
d.
Having regard to the above facts
, answer the following
questions
giving adequate reasons
:
(i)
Whether SWAN could have got the certifying authority license from Contr
oller of Certifying
Authority in
the first place?
(ii)
Whether SWAN’s
directors can be punished
for the misuse of digital signature certificat
e
information and whether penal
action can be taken against them?
(iii)
Whether SWAN can be liquidated by the High Court and if so what additional formalities are
required?
Short Answers: Attempt ANY 3. Each answer
carries 5 marks.
Q2. What is the role of ICANN’s UDRP?
Q3. What is
the
role of jurisprudence in shaping the positive law? Explain by giving example as to how
jurisprudence has helped evolving the IT Act, 2000.
Q4.
What are the salient features of Indian C
onstitution?
Can it be stated that Internet is providing free
flow of information and thus giving force to Freedom of Speech and Expression under the Indian
Constitution. Hence, IT Act, 2000 which is imposing restriction on usage of internet is in violation
of
Constitution of India.
Q5.
Write a brief note on:
(a) Whether
computer
software has to be patented or copyrighted or both
(b) Electronic Signature
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