Jurisprudence & Scope of Cyber Law
Jurisprudence & Scope of Cyber Law
DESCRIPTION OF MODULE
Module Id I
The first Generation of computers lasted from 1945 – 1956; and was marked by its slow
speed and was made to order. In addition it included the use of vacuum tubes. The
computers made during this generation were primarily invented for the use of the U.S. Navy
during the Second World War, for the preparation of ballistic charts. Hence, computers
during this generation mainly assisted in decoding messages and making missiles.In
addition, the computers made during this generation could only perform the tasks for which
the computer was made. Also, due to the use of vacuum tubes, the computers were as large
as a room.
Did You Know?
In 1944, IBM succeeded in created the http://www.csstc.org/manuals_e-
first ever all purpose calculator in order readiness/supplement/S_Chapter1.htm
to create ballistic charts for the U.S.
Navy; and was as long as a football field?
The Electronic Numerical Integrator and Nagpal, D. Textbook on Management
Computer or the ENIAC consisted of Information Systems. New Delhi, 2011.
18,000 vacuum tubes and consumed 160
kilowatts of electricity?
The present era of computers constitutes the fifth generation of computers. The computers
in this generation are marked with the use of the most advanced technology. For example,
the use of computers is now in the palm of one’s hand with the advent of smart phones.
Computers today also make use of voice recognition and voice typing, along with the
ability to translate to a whole new language.
In brief, the journey of the evolution of computers began with the aim of primarily
assisting the U.S. Navy to develop ballistic missiles; to the era of smart phones in today’s
world. With this, it becomes imperative to understand the various facets of a computer for
a deep understanding of cyber laws.
b. The functioning of a modern computer:
Computers have become a significant feature in the lives of millions of people; and have
hence come to exist in almost every appliance that a common man uses. Ranging from
one’s refrigerator and television, even a car and modern day wrist-watches1 have in-built
computers in them. Thus acknowledging that almost every one of us is so dependent on a
computer in some way or another, it becomes important to understand how these
significant aspects of our lives function. For this purpose, the functioning of a computer
would be delved into; albeit in brief, for the reason that for the purposes of this course
one needs to have merely general information about the operation of a computer: to fully
understand what a computer is.
In general, a computer is made up of a hardware and software. The former is made up of
the components and parts that are assembled to form the final computer. On the other
hand, the latter consists of the programs that provide the instructions for the computer to
function and perform the given tasks. 2 In addition, the effective functioning of the
computer depends on various input and output devices: which transfer data to and from
the main computer. These input and output devises communicate with the computer with
the help of interrupt request lines (IRQ) that send signals to the micro-processor. These
communications take place with the assistance of device driver programs.
Secondly, programs of the computer are guided with the help of the computer’s Central
Processing Unit (CPU) which effectuates the input and output functions of a computer. In
addition, the computer’s logical and arithmetic functions are performed with the help of
the computer’s Arithmetic Logic Unit (ALU). Another vital function of a computer is to
perform essential memory tasks; which are expressed in bytes (being the smallest unit),
kilobyte (KB), megabyte (MB) and gigabyte (GB). There apart, the memory function of a
computer may either be read-write memory or merely a read-only memory.Consequently,
the memory functions of a computer are divided into Random-Access Memory and Read
Only Memory.
The Random-Access Memory function of a computer is a basic form of memory; and can
either be static RAM or Dynamic RAM. In case of static RAM, the computer is able to
store the information saved even when the computer is switched off. For instance, the
Cache memory on one’s computer is a form of static RAM. On the other hand, Dynamic
RAM loses the information once the computer is switched off. For instance, memory
stored in one’s pen-drive is an example of Dynamic RAM and needs to be refreshed
frequently.
1For instance, many modern day wrist-watches can be doubled as a mobile phone.
2Wear, L, James Pinkert& William Lane. Computers: An Introduction to Hardware and Software
Design. McGraw-Hill Higher Education, 1991.
The Read-Only Memory of a computer has the ability to, like the name suggests merely
read the memory on the computer. In other words, such memory cannot be changed or
modified by the user. A common example ROM is a CD-ROM, in which the information
is permanent and can merely be viewed by the user. In addition, because of this feature of
the ROM (being only read only), the memory is non-volatile; and remains even if the
computer has been turned-off.
There apart, a computer is made up of various other components such as a hard disk:
whose function is to store information; the CPU to perform arithmetic, logical and
memory functions; the Motherboard that connects all the parts to one another by
transferring power throughout and the Computer Software with the computer’s operating
system being the backbone of all the other software.
To this end, which these are the basic elements of the modern-day computer in the
general parlance, it is vital to understand the meaning and scope of a computer in the
legal context as well.
c. What is a computer?
As elaborated in the previous paragraphs, the meaning and scope of cyber law is the law
that governs not merely cyber space (i.e. the internet), but also data stored over stand
alone computers. For this it becomes essential to gain a thorough understanding of not
merely computers but also internet access over the computer. However, in order to
understand the working of the former, one must first understand the meaning and scope of
a computer in the legal context, in the first place.
Accordingly, the Information Technology Act, 2000 has defined a computer by virtue of
Section 2 (1) (i) as an
“electronic magnetic, optical or other high-speed data processing device or system which
performs logical, arithmetic, and memory functions by manipulations of electronic,
magnetic or optical impulses, and includes all input, output, processing, storage,
computer software, or communication facilities which are connected or related to the
computer in a computer system or computer network”
Consequently, a computer would thereby mean, a device which:
1) Is electronic, and hence capable of performing a technological function which is
electrical, magnetic, digital or wireless. In addition, a computer is also capable of
being an optical storage media. That is to say, any storage within the computer which
is capable of reading with the aid of laser beams is a form of optical storage.
Accordingly, CD’s and DVD’s are a form of optical storage media.3
2) Is a high speed data processing device or system. The term “data” has in turn been
defined by the IT Act, 2000 by virtue of Section 2 (1) (o) to mean
“a representation of information, knowledge, facts, concepts or instructions which are
being prepared or have been prepared in a formalised manner, and is intended to be
processed, is being processed or has been processed in a computer system or
computer network, and may be in any form (including computer printouts, magnetic
or optical storage media, punched cards, punched tapes) or stored internally in the
memory of the computer”
Apropos, whenever any information is prepared in an organized manner and has been
processed, or is processed, or is capable of been processed for future purposes; either
in a CD or pen-drive, or on any of the internal drives of the computer, the same is
referred to as “data”.
For instance, in case ‘A’ gathers information on hacking, a form of cyber crime; and
consequently stored all the collected information on his/her pen-drive, the same is
included within the meaning of “data”.
Lastly, data also includes instructions which are or have been prepared and stored in a
formalized manner. Hence, suppose a software is created or intended to be created
and developed, and the person developed the instructions and saves the same in a
formal and organized manner on either a pen-drive/CD/internal memory, or prints out
the instructions; the same is also included within the definition of data.
3Hilber,
M. & Lopez, Pricilla. “The World’s Technological Capacity to Store, Communicate, and
Compute Information.” Science 332, no 6025 (2011): 60-65.
In toto, any knowledge, information, facts, concepts or instructions which is prepared
or will be prepared and stored in a formal/organized manner in any form such as a
computer print out, internal memory, optical storage media or with the use of
punched cards4 is known as “data” within the scope and meaning of Section 2 (1) (o).
4Is an obsolete form of data processing medium, which was widely used in the 19 th and 20th
centuries for input and storage by means of thick sheets of paper which were punched and
subsequently used for data processing.
Cortada, James W. Before The Computer: IBM, NCR, Burroughs, & Remington Rand & The
Industry They Created. 1865 – 1965.Princeton, 1993.
5
5oaadonline.oxfordlearnersdictionaries.com
c) Thirdly, a storage function as the name suggests is the ability for a computer to
be able to store the data for future use.
d) Fourthly, a computer includes the computer software in the computer system.
Computer software is simply a program that assists the computer to perform
certain functions. For instance, in case of a “Word processor,” one is able to type
documents and also edit the same. Hence, this software is a program that assists a
person using the computer to make a document.
e) Fifthly, a computer includes the function of communication. Hence, when a
computer facilitates communication or transfer of data, the same is known as
communication facility. For instance, the use of e-mail or chat via internet is a
communication facility. In the modern day, use of cloud computing to save data
on one computer and retrieve the same data on another computer is also a form of
communication facility.
f) Lastly, the above mentioned facilities are
The term “computer network” has been defined in the IT Act, 2000 by virtue of
Section 2 (1) (j) to mean:
“the interconnection of one or more computers through—
(i) the use of satellite7, microwave8, terrestrial line9 or other communication media10;
and
(ii) terminals or a complex consisting of two or more interconnected computers
whether or not the interconnection is continuously maintained.”
Thus, by virtue of the definition of the term “computer network”, the satellite dish for
internet connection in one’s home or office would constitute a computer network. In a
related vein, the wires that connect the “set top box” to one’s television also
constitute a computer network. Again, the scanner, printer, key board, mouse and
modem also constitute a computer network; and hence are considered as computers.
Given below is an example of the operation of satellite internet connections:11
6computerstudies4thyearatcrisol.blogspot.com
7 In a satellite internet connection, the incoming and outgoing data is received and sent,
respectively from a satellite; more precisely from the satellite’s dish antenna and transceiver.
Prominent examples for satellite internet connection in India include “Airtel.”
8 The term microwave refers to the transfer of energy with the help of electromagnetic waves.
9 Terrestrial line includes the use of cable wires and telephone lines to facilitate internet
connection.
10 The term “communication media” according to general parlance means and includes media
which is used to facilitate the transfer of data from one computer to another. Thus, satellite
transmission, microwave and terrestrial lines are also forms of communication media.
11computer.howstuffworks.com
d. The evolution of the Internet:
Since we have understood that cyber law pertains to the regulation of activities taking place
over cyber space, it becomes imperative to understand the evolution and functioning of the
internet. This is primarily due to the fact that the regulation of cyber space no longer involves
the mere regulation of a stand-alone computer, with the usage of internet becoming an
important facet of a human being’s life in almost every way.
The evolution of the internet therefore dawned in the 1960’s during the nuclear attack. The
prime motive of an internet connection was to secure an effective communication network
even at the time missile attacks, when all other modes of communication would be lost.
Besides, the internet would also assist in sharing data, without which information would be
required to be copied into some other medium such as a floppy. While these were the
historical reasons why the internet connection came to be used, the modern era has witnessed
far more reasons to use the internet. In fact, the internet has made communication so easy,
that even individuals across the globe are able to communicate almost free of cost. However,
one must appreciate the working of the internet to fully understand and analyze the law
governing the internet.
12
12en.wikipedia.org
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The World Wide Web is considered as the backbone of the internet; and is in turn dependant
on the Hypertext Transfer Protocol (HTTP) which assists the user to browse the web page.
Hence, while it is difficult to each and every web address in order to be able to browse the
same, the HTTP assists in re-locating the user to the web page. For this, all the user must do is
type the sort of document the user seeks to view. The HTTP will then re-direct the user to the
web page on the web-site (WWW).
For example, suppose a person is desirous to view the European Convention on Cyber Crime,
for which it is obviously difficult for all the interested parties to remember the exact web-site.
In this regard, the HTTP assists the user to find the exact web page, for which all the user
must do, is type the phrase “European Convention on Cybercrime” in the search engine.
As we are aware, the use of internet facilitates the transfer of data from one website to
another. For example, if one wants to purchase certain goods, let’s say an electronic
appliance, and wants to visit the online page; the internet protocol assists the browser to
do so by transferring the data from one computer to another. For such activities, the
internet is regulated by a large number of protocols.
1. The TCP/IP:
The Transfer Control Protocol/Internet Protocol is part of the Protocol Suite; and assists in
transmission of data on the internet. Hence, the TCP/IP aids and assists in surfing the internet,
sending and receiving e-mails, and transferring data, to name a few.
2. The SMTP:
The Standard Mail Transfer Protocol is a protocol to send and receive mails over the
internet. In other words, whenever the user of the internet seeks to send a mail to a certain
other person, s/he must type the email address. Upon clicking “send” the STMP facilitates
the transmission of mails.
iii. The Internet Protocol Address:
Every computer that uses the internet has an individual internet protocol address
which is made up of four octets; with each octet numbered between 0 – 255.
For instance, 173.194.70.99 is the IP address of Google. Hence, if once enters
“http:// 173.194.70.99 in the tool bar, s/he will be re-located to www.google.com.
1.6 Conclusion:
Against this backdrop, the laws regulating cyberspace would regulate not merely stand-alone
computers, but also the internet. Hence, for example, in event there has been a cyber crime
committed via the internet, by let’s say the unauthorized access to email by one person; then
the same would be within the domain of cyber laws. Also, for instance, in case of domain
name, if a person unlawfully violates the trademark of a registered DNS, then such person’s
act would be a violation of cyber law. In such a scenario, even though a person committing
the wrongful act is not making use of the aggrieved person’s computer; and is merely
committing the wrongful acts via the internet, the wrong-doer is still liable under the
provisions of cyber law.