Exam Details
Subject | cyber law (optional-1) | |
Paper | ||
Exam / Course | b.a. ll.b. | |
Department | ||
Organization | Hidayatullah National Law University | |
Position | ||
Exam Date | November, 2017 | |
City, State | chhattisgarh, raipur |
Question Paper
I.D. END TERM EXAMINATION, NOVEMBER 2017 B.A.LL.B. (HONS.) SEMESTER-VII IX Cyber Law (Optional-I) Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20) a. Jurisdiction to prescribe b. Data Diddling c. Metatags and trademark infringement d. Advantages of E-governance e. Hash Result f. Deep Linking g. Love Bug and Melissa Virus h. B2C business model i. Internet Time Theft j. Classes of Digital Signature
2. Answer the following:- (Marks a. Write short notes on: i. Role of Root Certifying Authority in PKI system in India ii. Netizens iii. Internet time theft b. Techno World the plaintiff residing in Ontario was the owner of the software WILLO, in Canada and United States. The defendant, Compu world sold an in-house line of computers that was also called WILLO. From the outset, Compu World was aware of the registrations of trademark WILLO owned by Techno World. The computers were offered for sale all over United States but not in Canada. The only connection Compu World had with Canada was through its website www.compuworld.com which it used to advertise and provide product information. The plaintiff brought an action in trademark infringement in Ontario under the Trademark Act. How would you determine jurisdiction in this particular factual situation?
3. Answer the following:- (Marks a. Mithul found a software that will enable the users to remotely shut down the computers on the network. She felt that the software would be very useful and with this intention she downloaded it and installed it in many computers of her office XYZ Ltd. She did not know that the software was in effect a Trojan that would compromise the security of the database maintained in the company. As a result of installation of such software such crucial information of the company was leaked causing huge loss to the company. You being the lawyer for XYZ Ltd, advise your client as to what remedy it has against Mithul under the Information Technology Act 2000. b. Discuss the types of cloud computing and legal issues related to cloud computing. PTO
4. Answer the following:- (Marks
a. Discuss the grounds for determination of bad faith in domain name disputes as under UNDRP.
b. In light of security and safety of nation, highlight the provisions relating to cyber Surveillance
by Government in India.
c. What are spywares and how they facilitate intrusion into privacy?
5. Answer the following:-
a. What are the three pillars of E-governance in India? Discuss with appropriate examples.
b. "The post infringement measures like the ones informed by the defendants (Myspace) which
are in compliances of US statute may hold good in US due to the legislative measure but the
same are not operative in India. Such post due diligence on the ground of some inherent
helplessness which the defendants are pleading only because they are sitting on internet or
cyberspace may not be correct as the law does not exclude cyberspace from its purview to do
infringements there."
Discuss the nature of due diligence as required under Section 79 of the Information
Technology Act. Compare and comment whether the same is in line with the requirement as
demanded by Delhi High Court in Super Cassettes Industries Ltd. V. MySpace Inc. Another.
(Marks
6. Answer the following:
a. What are the types of Top Level Domain Name? Illustrate with examples. (Marks 04)
b. "Desi-lawyer-swag" is a popular fashion and clothing brand in India, owned and started by
Atul Pandey in 2011. It has 26 stores across India in various states and is of immense
popularity among law school students. Atul Pandey approached GoMummy.com, LLC (an
accredited registrar of domain names in India) for registering "Desi-lawyer-swag.com" and
"Desi-Lawyer-swag.org" as their domain names. However, the GoMummy.com reported
"Desi-Lawyer-swag.org" have already been registered by Lawyer's Den student run
platform) where interviews of renowned advocates from various High Courts and the Supreme
Court of India are posted. Harsh, a friend of Atul Pandey, sent him thumbnail images from
Google search which shows photos of blazers and skirts from "Desi-lawyer-swag" brand and
the source (link) listed for such image is directed to "Desi-Lawyer-swag.org" page. Atul
Pandey filed a case on grounds of
i. Cyber-squatting by Lawyer's Den of the domain "Desi-Lawyer-swag.org"
ii. Copyright infringement for publication of thumbnails against Google.
Decide each issues relying in relevant concept and caselaws. (Marks 06)
7. Answer the following:-
a. Write short notes on: (Marks 04)
i. Sealed envelope contract
ii. Mailbox rule in E-contracting
b. A gynecologist had fit a video camera in her chamber in such way that the camera shoots the
activities taking place in her chamber. Ms. Sheetal took her grandmother for breast cancer check
up and discovered this hidden camera in the doctor's chamber. On being asked, the Doctor denied
such shooting and asked them to get out. Later, on investigation Ms. Sheetal procured a copy of
video in pendrive from the nurse attending the doctor who said such videos are sold outside
chamber at high prices to various pornographic content vendors. Can any provision of the
Information Technology Act apply in the given set of situations? (Marks 06)
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20) a. Jurisdiction to prescribe b. Data Diddling c. Metatags and trademark infringement d. Advantages of E-governance e. Hash Result f. Deep Linking g. Love Bug and Melissa Virus h. B2C business model i. Internet Time Theft j. Classes of Digital Signature
2. Answer the following:- (Marks a. Write short notes on: i. Role of Root Certifying Authority in PKI system in India ii. Netizens iii. Internet time theft b. Techno World the plaintiff residing in Ontario was the owner of the software WILLO, in Canada and United States. The defendant, Compu world sold an in-house line of computers that was also called WILLO. From the outset, Compu World was aware of the registrations of trademark WILLO owned by Techno World. The computers were offered for sale all over United States but not in Canada. The only connection Compu World had with Canada was through its website www.compuworld.com which it used to advertise and provide product information. The plaintiff brought an action in trademark infringement in Ontario under the Trademark Act. How would you determine jurisdiction in this particular factual situation?
3. Answer the following:- (Marks a. Mithul found a software that will enable the users to remotely shut down the computers on the network. She felt that the software would be very useful and with this intention she downloaded it and installed it in many computers of her office XYZ Ltd. She did not know that the software was in effect a Trojan that would compromise the security of the database maintained in the company. As a result of installation of such software such crucial information of the company was leaked causing huge loss to the company. You being the lawyer for XYZ Ltd, advise your client as to what remedy it has against Mithul under the Information Technology Act 2000. b. Discuss the types of cloud computing and legal issues related to cloud computing. PTO
4. Answer the following:- (Marks
a. Discuss the grounds for determination of bad faith in domain name disputes as under UNDRP.
b. In light of security and safety of nation, highlight the provisions relating to cyber Surveillance
by Government in India.
c. What are spywares and how they facilitate intrusion into privacy?
5. Answer the following:-
a. What are the three pillars of E-governance in India? Discuss with appropriate examples.
b. "The post infringement measures like the ones informed by the defendants (Myspace) which
are in compliances of US statute may hold good in US due to the legislative measure but the
same are not operative in India. Such post due diligence on the ground of some inherent
helplessness which the defendants are pleading only because they are sitting on internet or
cyberspace may not be correct as the law does not exclude cyberspace from its purview to do
infringements there."
Discuss the nature of due diligence as required under Section 79 of the Information
Technology Act. Compare and comment whether the same is in line with the requirement as
demanded by Delhi High Court in Super Cassettes Industries Ltd. V. MySpace Inc. Another.
(Marks
6. Answer the following:
a. What are the types of Top Level Domain Name? Illustrate with examples. (Marks 04)
b. "Desi-lawyer-swag" is a popular fashion and clothing brand in India, owned and started by
Atul Pandey in 2011. It has 26 stores across India in various states and is of immense
popularity among law school students. Atul Pandey approached GoMummy.com, LLC (an
accredited registrar of domain names in India) for registering "Desi-lawyer-swag.com" and
"Desi-Lawyer-swag.org" as their domain names. However, the GoMummy.com reported
"Desi-Lawyer-swag.org" have already been registered by Lawyer's Den student run
platform) where interviews of renowned advocates from various High Courts and the Supreme
Court of India are posted. Harsh, a friend of Atul Pandey, sent him thumbnail images from
Google search which shows photos of blazers and skirts from "Desi-lawyer-swag" brand and
the source (link) listed for such image is directed to "Desi-Lawyer-swag.org" page. Atul
Pandey filed a case on grounds of
i. Cyber-squatting by Lawyer's Den of the domain "Desi-Lawyer-swag.org"
ii. Copyright infringement for publication of thumbnails against Google.
Decide each issues relying in relevant concept and caselaws. (Marks 06)
7. Answer the following:-
a. Write short notes on: (Marks 04)
i. Sealed envelope contract
ii. Mailbox rule in E-contracting
b. A gynecologist had fit a video camera in her chamber in such way that the camera shoots the
activities taking place in her chamber. Ms. Sheetal took her grandmother for breast cancer check
up and discovered this hidden camera in the doctor's chamber. On being asked, the Doctor denied
such shooting and asked them to get out. Later, on investigation Ms. Sheetal procured a copy of
video in pendrive from the nurse attending the doctor who said such videos are sold outside
chamber at high prices to various pornographic content vendors. Can any provision of the
Information Technology Act apply in the given set of situations? (Marks 06)
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