...FULL PAPER. AUTHOR’S NAME: NUPUR AGARWAL AFFILIATION: INSTITUTE OF LAW , NIRMA UNIVERSITY MAILING ADDRESS: 1 , RADHANPUR SOCIETY , BEHIND SWAMINARAYAN MANDIR , RAMBAUG , MANINAGAR , AHMEDABAD – 380008 PHONE NO: 09898839289 EMAIL-ID: nupuragarwal201995@yahoo.com CO-AUTHOR’S NAME: NUPUR JOSHI AFFILIATION: UNITED WORLD , SCHOOL OF LAW MAILING ADDRESS: 67, SWAGAT CITY , GANDHINAGAR – MEHSANA ROAD ADALAJ GANDHINAGAR PHONE NO: 9408968686 EMAIL-ID: nupurjoshi184@gmail.com TITLE OF THE PAPER: CYBER SPACE MASS SURVEILLANCE PROGRAMS,INFRINGEMENT OF PRIVACY OF INDIVIDUALS, BY STATE IN THE NAME OF NATIONAL SECURITY. ABSTRACT: In this present era of cyber revolution and globalization, citizens have turned into “Netizens”. The advancements in the field of technology is also accompanied with the development of various methods of surveillance and intervention by the State into individuals’ private information. Governments are keeping an eagle eye by monitoring individual's movements, businesses transactions and also the means of communication, which includes cyberspace. It is alleged that the United States of America’s National Security Agency runs a program known as PRISM, which enables the US government to gain access to e- mails , conversations, pictures, voice calls and even sign in details of people using websites and applications associated with 1|Page Facebook, Yahoo, Microsoft, to name a few. Failure of cyber law mechanisms and national authorities to advance legislation and frameworks...
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...development aspect of social sciences theory and practice for developing a knowledge and technology based police by integrating governance, social system, crime aspects and technology. I have had my graduation in Political Science along with a Diploma in ICT and DDD (Database Design and Development). Moreover I have an international certification as named OCP (Oracle Certified Professional) along with comprehensive more than three year experience in programming. Thus I want to re-rearrange my past educational and professional career in ICT Sector in the framework of rising usages of ICT and good governance. The focal areas should be E-POLICING, E-GOVERNANCE, New Approaches of Information War (HACKING), Information Technology based Crime (Cyber Crime) etc. Police Reform Program is now running in its second phase to enhance policing in Bangladesh. I want to be a key player to reform Bangladesh Police with the help of Information Management Technology and Techniques. This post graduate course is a rich one in the area of IT related post graduate courses. This university has a great reputation in the world context as being the top ranked technology based educational institute. However in the previous column I mentioned my career objectives in the light of current technology based policing. The present government of Bangladesh has a keen interest on digitalization of government works. We the Bangladesh Police is also trying to foster its functioning with the use of newly emerged technology...
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...Efficiencies of Cyber law in Bangladesh জুন 26, 2011 0 inShare Technology is getting more frequently used and seems like a blessing going cover Bangladesh. But sometimes we can see some bad- naughty peoples use the same technology to make crime in the cyber area. As well as day by day Cyber crimes are increasing in the world as well as our country. Therefore in Bangladesh a bundle of laws has been enacted to protect the people. Cyber law in Bangladesh In the Information Communication Technology Act of Bangladesh does not define what the Cyber law by any section is. But Cyber laws are contained in the Information and Communication Technology Act, 2006. Therefore this Act provide the legal infrastructure for e-commerce others legal solution relating with cyber crime in Bangladesh. The said Act enable (a) Legal recognition of electronic transaction, (b) Legal recognition of digital signature, (c) Acceptance to con- tract expressed by electronic means, (d) e-commerce and electronic form, (f) publication of official gazette in the electronic form, (g) prevention of computer crime, forged electronic records, international alteration of electronic records fraud, forgery or falsification in e-commerce and electronic transaction, (h) and others solutions of the crime relation with information Communication Technology. Objectives of the ICT Act, 2006 The objectives of the ICT Act, 2006 has been provided following purposes such as To smooth the progress of electronic filing of documents...
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...the country's implementation of its Cybercrime Prevention Act of 2012--making it the sixth filed against the controversial legislation. According to GMA News Online on Monday, the petition centered on the definition of online libel stated in the law, specifically sections 4, 5 and 6, which the petitioners say are "unconstitutional due to vagueness". The law also curtails "constitutional rights to due process, speech, expression, free press and academic freedom", it stated. The Cybercrime Prevention Act of 2012 , signed by President Benigno Aquino III on Sep. 12, aims to fight online pornography, hacking, identity theft and spamming following local law enforcement agencies' complaints over the lack of legal tools to combat cybercrime. However, the law came with tougher legal penalties for Internet defamation, compared to traditional media. It also allows authorities to collect data from personal user accounts on social media and listen in on voice and video applications such as Skype, without a warrant. Users who post defamatory comments on Facebook or Twitter, for example, could be sentenced to up 12 years in jail. Hacktivists take aim The other five petitions filed with the Philippine Supreme Court, too, noted the law infringes on freedom of expression, due process, equal protection and privacy of communication, a separate report by GMA News Online on Saturday stated. Senator Teofisto Guingona, the sole opponent when the bill was voted on by the Senate and who...
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...Cybеrlaw In Тhе Wоrkplaсе Cybеrlaw In Тhе Wоrkplaсе Тhе еxtеnѕivе uѕе оf tесhnоlоgy haѕ сrеatеd a lоt оf iѕѕuеѕ fоr bоth thе еmplоyеr and thе еmplоyее in thе wоrking еnvirоnmеnt, with that inсrеaѕing соmpеtitiоn and еffiсiеnсy. Тhе inсrеaѕing and еxpanding utility оf Intеrnеt haѕ lеѕѕеnеd thе diѕtinсtiоnѕ bеtwееn rеality and virtual rеality. Тhе naturе оf E-соm haѕ ѕеriоuѕly сhangеd thе prоѕpесtѕ оf hоw buѕinеѕѕ haѕ tо bе dоnе соnvеntiоnally. It haѕ alѕо raiѕеd many quеѕtiоnѕ abоut соmputеr uѕеrѕ at wоrk сarry оut thеir taѕkѕ uѕing thеѕе еlесtrоniс соmputing tесhnоlоgiеѕ. Uѕе оf еmail and thе Intеrnеt haѕ immеnѕеly rеduсеd оpеrating соѕtѕ оf соmpaniеѕ by: 1) Аutоmatiоn оf human taѕkѕ. 2) Faсilitating соmmuniсatiоn оn innumеrablе lеvеlѕ. 3) Inсrеaѕing еffiсiеnсy in almоѕt all taѕkѕ. 4) Аllоwing оthеr buѕinеѕѕ еxpanѕiоn. 5) Rеduсing thе amоunt оf rеal еѕtatе invеntоry. Аѕ оppоѕеd tо 10yеarѕ agо, nоw thе aссеѕѕ and availability оf Intеrnеt tо еmplоyееѕ оf largе and mеdium соmpaniеѕ iѕ еxplоdеd and thеѕе numbеrѕ arе еxpоnеntially highеr giving thеm right tо thеir privaсy and frееdоm оf еxprеѕѕiоn at wоrk. Nоw thе еmplоyеrѕ havе all thе wоrk rеlatеd and pеrѕоnal infоrmatiоn оf thеir еmplоyееѕ, whiсh hеlpѕ thеm prоtесt frоm thе privaсy, ѕuitѕ fоr thеir оrganizatiоn. Cybеrlawѕ arе ѕеt with сеrtain rulеѕ and guidеlinеѕ fоr buѕinеѕѕ aсtivitiеѕ. Intеrnеt ѕurvеillanсе at thе wоrkplaсе iѕ lеgal...
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...Cybеrlaw In Тhе WоrkplaÑе Cybеrlaw In Тhе WоrkplaÑе Тhе еxtеnÑ•ivе uѕе оf tеÑhnоlоgy haÑ• Ñrеatеd a lоt оf iÑ•Ñ•uеѕ fоr bоth thе еmplоyеr and thе еmplоyее in thе wоrking еnvirоnmеnt, with that inÑrеaÑ•ing Ñоmpеtitiоn and еffiÑiеnÑy. Тhе inÑrеaÑ•ing and еxpanding utility оf Intеrnеt haÑ• lеѕѕеnеd thе diÑ•tinÑtiоnÑ• bеtwееn rеality and virtual rеality. Тhе naturе оf E-Ñоm haÑ• ѕеriоuÑ•ly Ñhangеd thе prоѕpеÑtÑ• оf hоw buÑ•inеѕѕ haÑ• tо bе dоnе Ñоnvеntiоnally. It haÑ• alѕо raiѕеd many quеѕtiоnÑ• abоut Ñоmputеr uѕеrÑ• at wоrk Ñarry оut thеir taÑ•kÑ• uÑ•ing thеѕе еlеÑtrоniÑ Ñоmputing tеÑhnоlоgiеѕ. Uѕе оf еmail and thе Intеrnеt haÑ• immеnѕеly rеduÑеd оpеrating ÑоѕtÑ• оf Ñоmpaniеѕ by: 1) Ðutоmatiоn оf human taÑ•kÑ•. 2) FaÑilitating ÑоmmuniÑatiоn оn innumеrablе lеvеlÑ•. 3) InÑrеaÑ•ing еffiÑiеnÑy in almоѕt all taÑ•kÑ•. 4) Ðllоwing оthеr buÑ•inеѕѕ еxpanÑ•iоn. 5) RеduÑing thе amоunt оf rеal еѕtatе invеntоry. ÐÑ• оppоѕеd tо 10yеarÑ• agо, nоw thе aÑÑеѕѕ and availability оf Intеrnеt tо еmplоyееѕ оf largе and mеdium Ñоmpaniеѕ iÑ• еxplоdеd and thеѕе numbеrÑ• arе еxpоnеntially highеr giving thеm right tо thеir privaÑy and frееdоm оf еxprеѕѕiоn at...
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...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...Report On Cyber law LEGAL ASPECTS OF MANAGEMENT Submitted to: Mr. Maneesh Yadav Submitted by: Ankita Bhatnagar (JL12PGDM030) Introduction: Computers and their use is a day to day activity of all the students, professionals, teachers, Universities, banks, Supermarkets, in the entertainment field, in medical profession and also in higher education. The use of this Weapon is spreading very widely in all parts of our society. As every weapon has two ways of operation. One is good and essential and the other are bad and not essential. Many times, whenever a new weapon is invented, many people use it unknowingly for the wrong purpose. So to aware them and to make the proper use of the Power of the newly invented weapon, laws is to be formulated and should be implemented. This chapter introduces the cyber law and many terms involved in it. There are two basic definitions of cyber crime. (a) One definition says that ‘cyber crime’ consists of only those offences provided in the Information technology Act, 2000. As per this definition, cyber crimes would mainly be restricted to tampering with the computer source code, hacking and cyber pornography. Cyber fraud, defamation, harassment, e – mail abuse and IPR thefts, would not classify as cyber crimes. (b) In second definition, ‘cyber crime’ is said to be an act of commission or omission with the internet, committed on the internet or through the internet or with the help of the internet or connected with the internet, whether...
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...Assignment 2 Chapter 3 1. Name and Describe two (2) U.S. based compliance laws that exist. Federal Information Security Management Act- This act was passed in 2002 as part of the title 3 of the E-Government Act. Its purpose is to ensure that federal agencies protect their data. It gives specific responsibilities for federal agencies. They are responsible for protecting the system and data, complying with all elements of FISMA and integrating security in all processes. Gramm-Leach Bliley Act also known as the Financial Services Modernization Act of 1999. This act protects your private financial information from being sold to other business. GLBA also offer protection against the practice of obtaining personal information through false pretenses. There are two parts that pertain to IT security which is Financial Privacy Rule which requires companies to notify there customers about there privacy practice and Safeguard rule which means a company must have a security plan in place to protect the consumer information. Sarbanes-Oxley Act- This act came into law in 2002 to regulate financial practice and corporate governance. This law is intended to hold board members and executives accountable for any financial data that is not accurate. These acts can be punishable by jail time or fines. 2. Discuss the levels of the CMMI process improvement approach. There are six levels in the CMMI process improvement approach beginning with level 0. Level 0...
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...Cybеrlaw In Тhе Wоrkplaсе “These examples and many others demonstrate an alarming trend whereby the privacy and dignity of our citizens is being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen -- a society in which government may intrude into the secret regions of man's life at will." [Osborn v. United States, 385 U.S. 323, 343 (1966) (dissenting)]” ― William O. Douglas Тhе еxtеnѕivе uѕе оf tесhnоlоgy haѕ сrеatеd a lоt оf iѕѕuеѕ fоr bоth thе еmplоyеr and thе еmplоyее in thе wоrking еnvirоnmеnt, with that inсrеaѕing соmpеtitiоn and еffiсiеnсy. Тhе inсrеaѕing and еxpanding utility оf Intеrnеt haѕ lеѕѕеnеd thе diѕtinсtiоnѕ bеtwееn rеality and virtual rеality. Тhе naturе оf E-соm haѕ ѕеriоuѕly сhangеd thе prоѕpесtѕ оf hоw buѕinеѕѕ haѕ tо bе dоnе соnvеntiоnally. It haѕ alѕо raiѕеd many quеѕtiоnѕ abоut соmputеr uѕеrѕ at wоrk сarry оut thеir taѕkѕ uѕing thеѕе еlесtrоniс соmputing tесhnоlоgiеѕ. Uѕе оf еmail and thе Intеrnеt haѕ immеnѕеly rеduсеd оpеrating соѕtѕ оf соmpaniеѕ by: 1) Аutоmatiоn оf human taѕkѕ. 2) Faсilitating соmmuniсatiоn оn innumеrablе lеvеlѕ. 3) Inсrеaѕing еffiсiеnсy in almоѕt all taѕkѕ. 4) Аllоwing оthеr buѕinеѕѕ еxpanѕiоn. 5) Rеduсing thе amоunt оf rеal еѕtatе invеntоry. Аѕ оppоѕеd tо 10 yеarѕ agо, nоw thе aссеѕѕ and availability оf Intеrnеt tо еmplоyееѕ оf largе and mеdium соmpaniеѕ iѕ еxplоdеd...
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...assets can be calculated by analysis of the following issues: Threats to your assets. These are unwanted events that could cause the intentional or accidental loss, damage or misuse of the assets Vulnerabilities. How vulnerable (prone or weak) your assets are to attack Impact. The magnitude of the potential loss or the seriousness of the event. Security services Information Security Governance, Information Security Governance or ISG, is a subset discipline of Corporate Governance focused on information Security systems and their performance and risk management. Establish and maintain a framework to provide assurance that information security strategies are aligned with business objectives and consistent with applicable laws and regulations Develop the information security strategy in support of business strategy and direction. Obtain senior management commitment and support Ensure that definitions of roles and responsibilities throughout the enterprise include information security governance activities. Establish reporting and communication channels that support information security governance activities. Identify current and potential legal and regulatory issues affecting information...
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...technology. Cyber world is known for its unlimited space and boundaries. Talk about cyber world, it is must have a violation that we will face it. Consequently in our country, cyber world become an ocean of information that enables people to share, communicate, and make business, making friends including creating opportunities to commit crimes and taking advantage of people openness in sharing data and information about themselves by those predators looking for victims in the cyber world. Regulating behaviour is never easy despite the existence of laws and regulations and one of the most difficult challenges is that technology are often too fast developed for the law to catch up. VIOLATION OF THE CYBERLAWS AND COMPUTER ETHICS Talk about available laws, have a lot of violation that will impact to us in our daily life...
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...content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows: (a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. (b)...
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...The issue in a given situation is whether Mr Robert’s revocation of offer by post is effective as against Mr James. Section 2(h) of the contract 1950 defines contract as an agreement enforceable by law. In order for an agreement to be enforceable by law, it must consist of six essential elements which are offer, acceptance, consideration, intention to create legal relation, capacity and certainty. Section 5(1) contract act: a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but no afterwards. Section 6 contracts act- a proposal is revoked (a) by the communication of notice of revocation by the proposer to the other party. (b) By the lapse of the time prescribed in the proposal for its acceptance. (c) By the failure of the acceptor to fulfill a condition precedent to acceptance. (d) By the death or mental disorder of the proposer. Section 4(2) contract act- proposer is bound when the offeree posts the letter of acceptance, even though the proposer has no knowledge of the acceptance. When the letter is posted is posted, the acceptor has no longer any control over it. The transaction becomes binding irrespective of any delay or disappearance in the course of transit. Acceptance is complete upon posting. In the case of Adams v Lindsell, the Defendants mailed their offer to sell on the 2nd of September, 1817. The Defendants’ letter was misdirected and did not reach the plaintiffs until 7:00 p.m., Friday the 5th...
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...Oriental Journal of Chemistry Vol. 26(4), 1353-1360 (2010) The potential of seaweed liquid fertilizer on the growth and antioxidant enhancement of Helianthus annuus L. N. AKILA and T. JEYADOSS* Department of Chemistry and Biosciences, Srinivasa Ramanujan Centre, SASTRA University, Kumbakonam - 612 001 (India). (Received: September 03, 2010; Accepted: October 11, 2010) ABSTRACT A field experiment was carried out during the chithiraipattam (April-May) in India in 2010 to study the effects of foliar applications of different concentrations of seaweed liquid fertilizer (SLF) of Sargassum wightii on growth, biochemical constituents and antioxidant enzymes of Helianthus annuus L. to explore the possibilities of reducing or avoiding chemical fertilizers and to obtain the highest growth and productive parameters. The foliar spray was given twice in 15days interval at two concentrations (2.5%, 5.0%) of SLF. The aqueous extract of Sargassum wightii was found to promote almost all the parameters such as shoot length, root length, leaf length, leaf breadth, fresh weight, dry weight and number of leaves. The biochemical contents such as chlorophyll a, b, total chlorophyll, carotenoids, carbohydrate, total phenols and antioxidant enzymes such as catalase, peroxidase and glutathione peroxidase (GPX) were also found to be higher in the leaves. Among the two concentrations 2.5% was found to produce better results in almost all the parameters. The results revealed that foliar application...
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