Cyber Law – A young lady named Ritika Adjania found her profile in an online community

Question – 01

A young lady named Ritika Adjania found her profile in an online community named “1worldcom” on its website 1worldcom.net. Her surprise turned to horror when she realized that the profile painted her as a person of dubious character whose only interest was money. The profile also “boasted” of her achievements which included defrauding a bank of Rs.10 lakh and getting away with it. Ritika immediately informed “1worldcom” of the posting and requested them to remove it. The posting was removed the next day but reappeared a week later. It was again removed but reappeared two days later. Deeply hurt, Ritika filed a suit for defamation against “1worldcom”. With reference to jurisprudence of defamation cases, examine the liability of “1worldcom.”

Question – 02

Rakesh had an appointment with Dr. Mina Lahoti at the Wockhardt Hospital, Mumbai. While waiting for Dr.Lahoti, Rakesh remembered that he had to email a document (that he was carrying in a floppy) to his office. As he looked around, he realized that there was a computer at the reception desk, which was switched on. However, the receptionist was nowhere to be seen. Rakesh immediately inserted the floppy disk containing the document into the floppy drive of the computer at the reception desk. Just then, the receptionist entered and saw Rakesh at the computer. She immediately called the security guards and intimated the manager about the incident. The manager wants to take legal action against Rakesh for unauthorized access. Advise the manager.

 

Question – 03

Pooja has been assigned a project on “Intellectual property rights associated with semi – conductor technology”. She conducts a search on Google and comes across many articles on the topic. She downloads the articles and uses them extensively in her project without taking permission from the authors of the articles. Pooja insists that since she is using the articles for private use, she is not liable for any infringement. Is she right? Discuss.

 

Question – 04

Section 29 of the Information Technology Act 2000 confers power upon the Controller of Certifying Authorities to investigate contraventions under the Act. Section 78 confers power upon a police officer of the rank of a Deputy Superintendent of Police or above to investigate any offence under the Act. Rashmi suspects Rakesh of creating and publishing digital signature certificates for fraudulent purposes. But she is confused about whom to approach for investigating the suspected crime. Clear Rashmi’s confusion with detailed explanations.

 

Question 05

What is the source of those law(s) that will govern our interactions in cyberspace? What body of rules will participants in cyberspace transactions consult to determine their substantive obligations and who is to make those rules?