IJLS LCIT Special Issue
International Conference On Information Technology Laws : Issues and Challenges In the Contemporary Era
23.10.2023
Department of Legal Studies,
LCIT College of Commerce and Science,
Bodri, Bilaspur, Chhasttisgarh
1. Cyber Crimes Against Women in India: An Analytical Study with Special Reference to Information Technology Laws
By Dasvinder Singh, Ph.D. Research Scholar, Panjab University, Chandigarh.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644451
Abstract - The Indian civilization is one of the world's oldest civilizations still in existence. In this country, the position of women has been elevated to a higher level. They have been accorded the status of goddesses. However, as a result of the modernization of society, their fundamental rights have been trampled. The sector of information technology in India is experiencing rapid development. People are reliant on computers for a variety of reasons, their day-to-day goingson and doings. The year 2000 is remembered as a watershed moment in the history of technological advancement. Because of the extensive usage of computer technology, there has been an uptick in cybercrime. In addition, the majority of victims of crimes committed online are female. In this nation of ours, the newest form of criminal activity is known as cybercrime. Different types of illegal activity committed online include cyberstalking, morphing and slander in the digital realm. Emails are being used to harass women in this world today. They have to deal with the issue of cyberbullying. It is quite typical in today's society. The Information Technology Act of 2000 was passed in order to prevent crimes of this nature, but that law will not be particularly successful on its own until people change the way they think about it.
Keywords- Cybercrimes, Digital, India, Information technology, Women etc.
2. Current Scenario of Digital Evidence in Indian Legal System: Implications and Issues
By Anurag Gourav, Ph.D. Research Scholar, Narayan School of law, GNSU, Jamuhar (Rohtas).
DOI - https://zenodo.org/doi/10.5281/zenodo.10644474
Abstract - People now manage their personal, social, and professional relationships primarily through smartphones and personal computers, creating an "always-on society" in which people are constantly connected to and linked to their devices. People who live in a constantly connected state leave behind large digital traces that can be saved, recovered, and examined by different third parties both in and out of context and after the event
3. Consumer Rights in The Digital Environment: A Critical Analysis
By Anusha Sharma, Assistant Professor of Law at Department of Legal Studies, LCIT College of Commerce and Science, Bodri, Bilaspur.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644500
Abstract - Nearly every aspect of human life has been impacted by the development of “information and communication technology,” and the purchasing and selling of products. Understanding and defending rights of consumers is more important than ever in the digital age we live in. This abstract examines people's rights in the digital sphere and provides a critical evaluation of the opportunities and problems they encounter. We explore privacy issues, the complex nature of online transactions, and the influence of online platforms on consumer empowerment. The objective in looking into these matters is to provide insight into how to better safeguard and improve consumer rights in the quickly changing digital environment. This analysis fosters a thorough awareness of the rights and obligations that go along with the digital era by offering insightful information to businesses, consumers, and governments alike.
Keywords- Consumer Rights, Technology, Digital Environment, E-Commerce etc.
4. Data Privacy, Data Protection: The Unprecedented Challenges of Ambient Intelligence
By Bhoomi Shukla, Assistant Professor of Law at Department of Legal Studies, LCIT College of Commerce and Science, Bodri, Bilaspur.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644514
Abstract - Privacy has emerged as a basic human right across the globe and in India too it has been recognized as a Fundamental Right under Article 21 of the Indian Constitution. Right to Privacy is closely related to the protection of data which in this technological and globalized world, has become very difficult to achieve. Further, violation of privacy rights by the ruling majority through discriminatory legislation has also become possible due to lack of legal protection to this Right. In India, this Right was not initially recognized as a Fundamental Right, neither any specific law on data protection for securing the Rights of Privacy of the citizens was enacted. At the same time, there had been many allegations regarding violation of privacy rights both by the Government as well as by the Private Commercial Entities from time to time in India. Such allegations were also placed before the Courts of Law where the Courts had given landmark Judgments including guidelines and rulings. It thus becomes very important to analyze all these legal developments relating to the Right to Privacy and Data Protection to understand the extent of security granted by the Indian legal framework to the citizens over Right to Privacy. It has however been found that adequate recognition has been given to the Right to Privacy by the Indian Legal Regime and therefore significant steps were taken to prevent data theft and misutilization of sensitive information, yet a major extent of progressive developments is still needed to enhance the scope of data protection in the contemporary times for securing the Right to Privacy of the Indian citizens.
Keywords- Data Privacy, Data Protection, Indian Constitution, Information Technology, Indian Penal Code, Personal Data Protection Bill etc.
5. The Growing Menace of Cybersquatting in India and Protection of Domain Name Disputes
By Debapriya Bhowmik, Student, LL.M, Amity Law School, Amity University, Noida, U.P. and Prabhdeep Kaur Malhotra, Assistant Professor, Amity Law School, Amity University, Noida, U.P.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644527
Abstract - The practice of “Cybersquatting,” which involves registering Domain Names with the intention of making money off the goodwill associated with another person’s trademark, is still very difficult in India. This abstract explores the current trends in cybersquatting, their negative effects on businesses, and the legal defenses put in place to deal with this threat. The suitability of these measures and their conformity to global best practices are also examined. The judicial process in India's legal system has been crucial in determining how Domain Names are protected as trademarks. In the age of digital globalization, protecting Domain Names as trademarks in India has become a complex legal and regulatory challenge. With a focus on the roles played by the Internet Corporation for Assigned Names and Numbers (ICANN), the ongoing issue of cybersquatting, and the changing judicial endeavors within the Indian legal system, this abstract offers a succinct overview of the critical analysis of this complex issue. The protection of Domain Names as trademarks in India is significantly influenced by ICANN, the International Organization in charge of regulating the domain name system. This study looks at how ICANN's policies and procedures affect Domain Name registration, management, and dispute resolution, as well as how these international standards interact with India's domestic trademark laws. This Paper examines significant legal decisions and developments that have helped to clarify the duties and rights of trademark owners, Domain Name owners, and the public. It highlights the changing legal landscape of Domain Name disputes and its implications.
Keywords- Domain Name, Trademark, ICANN, Cybersquatting etc
6. Modern Cyber Regulations and Tech Crimes in the 21st Century
By Dr. Arjun Singh Chauhan, Associate Professor at Department of Legal Studies, LCIT College of Commerce and Science, Bodri, Bilaspur, Chhattisgarh.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644550
Abstract - In an era dominated by digital inter connectedness, the significance of robust cyber security measures cannot be overstated. This abstract provides an overview of a comprehensive study aimed at advancing cyber security practices through the integration of cutting-edge technologies and proactive threat intelligence strategies. The research delves into the current landscape of cyber security, highlighting the escalating sophistication of cyber threats and the evolving tactics employed by malicious actors. Recognizing the imperative need for adaptive defense mechanisms, this study proposes a multifaceted approach. Firstly, the research focuses on the integration of artificial intelligence and machine learning algorithms into cyber security frameworks. By leveraging these technologies, organizations can enhance their ability to detect and respond to Cyber threats in real-time. The implementation of anomaly detection, behavioral analysis, and predictive modeling contributes to a dynamic defense posture that evolves alongside emerging threats. Secondly, the study explores the significance of threat intelligence in fortifying cyber security resilience. A proactive approach involves continuous monitoring and analysis of global threat landscapes to identify potential risks before they manifest. Incorporating threat intelligence feeds, information sharing platforms, and collaborative efforts with cyber security communities empower organizations to stay ahead of cyber adversaries. Furthermore, the research investigates the human element in cyber security, emphasizing the importance of user awareness, training, and responsible online practices. A well-informed and vigilant workforce serves as an integral line of defense against social engineering attacks and unintentional security breaches. The study concludes by highlighting the inter connectedness of these proposed strategies, emphasizing the need for a holistic and adaptive cyber security framework. By integrating advanced technologies, threat intelligence, and user education, organizations can significantly enhance their cyber security posture, mitigating risks and safeguarding digital assets in an ever-evolving threat landscape.
Keywords- Cyber law, Cyber security, Virus, Malware, Firewall, Spy software, Intelligence Agency, Online Threats, IT Act 2000, GDPR etc.
7. Jurisprudence as A Lawyer’s Extraversion: A Critical Analysis with Respect to Cyber Law
By Jayesh Kumar and Parijat Banchhor, Students, Amity University, Raipur, Chhattisgarh.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644566
Abstract - This study explores the rapidly developing area of Indian cyber law jurisprudence, illuminating its evolution and significance via the analysis of significant court rulings and interpretations. The meaning of cyber law and its importance in the current digital world are explored at the outset. The study places a strong emphasis on how lawyers have shaped the legal system and how legal education must change to reflect new perspectives, democratic theory, and social scientific research. The section provides insights into the early pioneers in the field, such as Donn B. Parker, who laid the groundwork for the study of computer crimes and security. Subsequently, the article delves into the principles of cyberspace law, covering a range of topics including digital and electronic signatures, intellectual property, data security, and privacy. The Indian legal system—particularly the Information Technology Act of 2000—is used to clarify these subjects. It discusses whether cyber law requires a special philosophical and theoretical study, or if standard jurisprudential concepts are adequate for its complex subtleties. The following section of the article provides a thorough examination of two wellknown court cases that had a significant impact on the development of Indian cyber law: "Shreya Singhal vs Union of India" and "SMC Pneumatics (India) Pvt. Ltd vs Shri Jogesh Kwatra." The earlier case demonstrated the significance of preserving freedom of speech and expression in the digital era by overturning Section 66A of the Information Technology Act as unconstitutional. The latter case established a standard for cases to come by demonstrating the judiciary's position against online defamation. This essay demonstrates how the jurisprudence of Indian cyber law is dynamic, characterized by important legal interpretations and changing viewpoints. It highlights the critical role of lawyers, courts, and the legislative process in adapting to the ever-changing digital landscape while safeguarding fundamental rights and privacy.
Keywords- Lawyer’s Extraversion, Copywrite, Trademark, Telecommunications, Cyber Regulations, Technology etc.
8. Role of Artificial Intelligence in India: A Legal Study
By Kaneez Fatima, Teaching Associate, Faculty of Juridical Sciences, Rama University, Kanpur Nagar, U.P and Dr. Vir Vikram Bahadur Singh, Associate Professor, Faculty of Juridical Sciences, Rama University, Kanpur Nagar, U.P.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644584
Abstract - The technological paradigm has given rise to the concept of Artificial Intelligence (AI). This paper discusses the topic of how Artificial Intelligence is playing its role in the field of legal studies in India in the 21st century, and how it is helping the law professionals in the legal field. It remains a hot topic of discussion and plays an important role for lawyers, law firms and researchers in the legal field, apart from various fields. This paper explores the benefits and uses of Artificial Intelligence in law as well as the challenges in this area. The paper also discusses whether AI technology will change the face of India's judicial system in the future and if it does, what impact it will have on lawyers and their law firms. i.e., AI will replace lawyers or, along with them, will new records in this field. In this paper we have discuss basic idea related to AI mechanism.
Keywords- Artificial Intelligence, financial-services, chat-bots, ANN (Artificial neural network),NLP (Natural language processing) etc.
9. AI-Based Cyber Crimes and Cyber Regulations: Issues and Challenges
By Pranav Choudhary, Ph.D. Research Scholar, School of Law, Raffles University, Neemrana, Rajasthan.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644600
Abstract - Artificial intelligence (AI) is the science and engineering of creating intelligent machines, particularly computer programs. It has the potential to play a role in criminal acts known as AI-crimes (AIC), which pose threats to cybersecurity, such as stealing sensitive data, hacking and weaponizing autonomous weaponry, social engineering attacks, and political disruption. Currently, there is no regulatory framework targeting AI crimes, and the legal texts do not address the contentious issue of criminal liability for AI. Traditionally, AI has been regulated through product licensing, R&D supervision, and tort responsibility. However, applying existing AI concepts to assess the harm that autonomous AI may pose in the future is insufficient. This research will be divided into four areas: defining AI crime and potential AI hostile acts, examining existing cybercrime frameworks, surveying international organizations that have made progress in AI crimes, and presenting legal notions focused specifically on AI crimes. The fourth half will discuss the challenges in determining the jurisdiction of AI crimes due to their global nature. The author will analyze how the law should deal with these concerns and provide recommendations on how the legal system should specifically address these obstacles.
Keywords- AI, AI-crimes, criminal liability, artificial intelligence, criminal liability of AI, Legislation, Human Rights, etc.
10. Cyber Terrorism to The Reference of Crypto Currency in India
By Shakti Pandey, Ph.D. Research Scholar, Faculty of Juridical Sciences, Rama University, Kanpur Nagar, U.P and Dr. Vir Vikram Bahadur Singh, Associate Professor, Faculty of Juridical Sciences, Rama University, Kanpur Nagar, U.P.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644610
Abstract - ABSTRACT Under the above research article, cyber terrorists have studied the incidents of fraud of crypto currency and maintaining the website for crypto currency. In the present context, excessive money is received by terrorist organizations through cryptocurrency by funding in terror account, which is a matter of concern, as well as the risk of terrorist incidents is increasing more and more for all the countries of the world. Terrorism is increasing day by day. Cybercrime has given a new direction to cybercrime, on the other hand, cryptocurrency become a kind of tool for cyber terrorism, through crypto currency by terrorism leaders sitting in the country and abroad, using digital currency in millions of trillions every year the country’s economic, Along with loss, social damage is also caused. Terrorists have had one objective since the beginning, loss of life and money to the enemy country, for this reason, by obtaining cryptocurrency, cyber criminal’s provide new technical resources to their training centers, online smuggling, and online gambling etc, promote criminal activities. Such a huge amount of crypto currency is cheated by the terrorists, due to which there criminals lure the youth for jobs by giving them a lot of money, the youth also join these jobs without knowing about if and avoid unemployment. By the time a person is aware of this topic ,the youth also get involved in terrorist activities, these topic have been analyzed in the said research work.
Keywords- AI, Cryptocurrency, Terror, Funding, digital, etc.
11. Exploring the Intersection: Information Technology Law and Technology Protection Measures Under the Copyright (Amendment) Act, 2012
By Sonali Mishra, Assistant Professor of Law, Department of Legal Studies, LCIT College of Commerce and Science, Bilaspur, Chhattisgarh.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644626
Abstract - Digitization was a universal phenomenon which impacted India in the end of the twentieth century. The change in economic policy leading to the opening of the economy in the early 90s resulted in the increased availability of computers, especially to the domestic consumers. The situation received a further thrust with the availability of Internet and its rampant use. The accessibility of digital technology, with its various advantages especially quality, allowed more and more works to be converted into this format and creation of newer works in digital format.
12. Cross-Border E-Commerce Disputes: A Multi-Jurisdictional ADR Perspective
By Swapnil Mukherjee, Ph.D. Research Scholar at Amity University, Kolkata, West Bengal.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644640
Abstract - The meteoric ascent of cross-border e-commerce, propelled by the boundless expanses of the internet, has prompted a seismic shift in transactional landscapes. This transcendence of geographic boundaries ushers forth an intricate web of legal intricacies, compelling an expedition into avant-garde dispute resolution mechanisms. This exposition meticulously probes the intricacies inherent in cross-border e-commerce disputes, advocating for a perspective firmly anchored in the realm of multi-jurisdictional alternative dispute resolution (ADR). The surge in cross-border e-commerce transactions accentuates the exigency for a nuanced comprehension of the legal nuances that underpin these dealings. Conventional dispute resolution mechanisms invariably falter in this dynamic milieu, ensnared by jurisdictional ambiguities and the kaleidoscopic legal frameworks of the entities involved. This erudite investigation endeavors to bridge this lacuna by dissecting the challenges intrinsic to cross-border e-commerce disputes and articulating a comprehensive ADR framework tailored to surmount these challenges. A pivotal facet of cross-border e-commerce disputes resides in the diverse legal systems governing transactions among entities from disparate jurisdictions. Divergent laws, disparate regulations, and incongruent enforcement mechanisms construct a legal labyrinth that traditional litigation struggles to navigate. To surmount these challenges, the advocated multi-jurisdictional ADR framework aspires to reconcile these distinct legal systems, endowing a streamlined and efficient resolution process. This method recognizes the imperative for adaptability in addressing the unique circumstances of cross-border disputes. Moreover, the advent of digital technologies has not only facilitated cross-border transactions but has also ushered in unprecedented complexities. Predicaments such as data privacy, intellectual property infringement, and contractual disputes assume an augmented dimension in the digital realm. The multi-jurisdictional ADR perspective proffered in this exploration aims to holistically address these intricacies, furnishing bespoke solutions congruent with the evolving landscape of e-commerce.
Keywords- Cross-Border E-Commerce, Disputes, Multi-Jurisdictional Perspective, Alternative Dispute Resolution, Digital Technologies, Jurisdictional Ambiguities, etc.
13. Comparison of Data Protection Laws in India With Respect To GDPR
By Varsha Gehlot, Student, Christ University, India.
DOI - https://zenodo.org/doi/10.5281/zenodo.10644660
Abstract - This academic legal analysis compares the General Data Protection Regulation (GDPR) of the European Union with India's Digital Personal Data Protection Act (DPDPA) to determine whether the two pieces of legislation are compatible with one another. As we live in an increasingly digital world where information is freely shared across borders, data protection has become a pressing legal and societal concern. In 2018, the General Data Protection Regulation (GDPR) became law, setting a global standard for stricter data protection procedures with an emphasis on protecting people's rights and privacy. The Data Protection and Privacy Act (DPDPA’s) development has been influenced by India's diverse economic and social landscape and the country's aspirations to become a digital superpower. However, the European Union's General Data Protection Regulation (GDPR) was developed to meet the needs of the integrated European economy. By comparing various legal systems, this research gives a more in-depth understanding of how data protection laws deal with the varied needs and challenges of different countries. Policymakers, legal experts, businesses, and individuals looking for guidance on data privacy regulations may all benefit from this research. Add to the ongoing discussion around data protection, this research compares and contrasts two pieces of legislation: the General Data Protection Regulation (GDPR) and the Data Protection Directive for Police and Criminal Justice Authorities (DPDPA).
Keywords- Data Protection, Data Privacy, GDPR, Personal Data Security etc.