Ms Aswathy Prakash G is a research Scholar and Assistant Professor at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences, Chennai, Tamilnadu. She is an active participant in various seminars and workshops on Cyber Law. She has published many peer-review research articles. Her research interest is Cybercrimes and society with special emphasis on Children and Women.
The internet keeps a record of everything shared online from the comments and photos to what we b... more The internet keeps a record of everything shared online from the comments and photos to what we browse. While it's fun to share online, it can also be highly damaging if the wrong information is posted. This paper primarily addresses the need for awareness including development in the legal framework for child online reputation. The objectives of this study are to analyse the association between awareness of children’s right to be forgotten among respondents of various age groups and to identify whether the opinion of male and female differs regarding the statement: “Children should have a right to erase the data of their past mistakes online and get a chance to start afresh”. This paper has adopted mixed methodology including empirical research method and doctrinal research method. The study shows that males and females have a different perspective regarding children’s right to be forgotten on the internet. The Internet has opened a plethora of opportunities to children to learn and network at the comfort of their home or school, however, children by their inherent naivety can be prone to leave incriminatory digital footprints which if not regulated can play havoc in their future. This paper suggests that there cannot be any single formula to protect children’s reputation online. Parental monitoring may be the best mechanism to protect and preserve the digital identity of children. This, however, would not be possible without the backing of the suitable legal process. India doesn't have comprehensive legislation to protect and monitor children’s online privacy and it is high time we adopt legislation in line with the European Union rules of “right to erasure” to protect our children.
Due to specially appointed nature of web application improvement also, outline many-sided quality... more Due to specially appointed nature of web application improvement also, outline many-sided quality of web application, it is hard to achieve idiot proof web security. As of late intruders damaged a few web destinations by anticipating strategies, for example, phishing, code infusion and so on. In the web defacement assault the trespasser changes the visual appearance of the webpage. The business contender, Guerilla and radical groups criticize the reputation of the associations and deceive open through these sorts of assaults. Manual checking and examining these assaults on web locales is a tedious and repetitive undertaking for law authorization organizations. Consequently there is a need to build up a framework which adequately screens the substance of web destinations and naturally produce caution for any suspicious or undermining movement. In this work a model framework is created to examine and identifies the defacement exercises naturally. The created framework effectively examines the web defacement assaults and it would be useful for web director to screen the web defacement assaults.
Information Technology is growing faster than any other communication vehicle in the history mank... more Information Technology is growing faster than any other communication vehicle in the history mankind. Invention of digital technology was the most important revolution in the last century. The influence of digital technology on information technology is phenomenal. The present millennium is witnessing a new culture that is internet culture. It is changing our lifestyle and way of doing business form traditional commerce to e-commerce. Originally confined to military establishment internet has due to its speed, inner creativity and flexibility, tremendous potential to disseminated information beyond the geographical boundaries. Today the internet is not only used for educational purposes but also for business. The availability of radio, telephone, television and computer made it possible to carry out most of the business activities on-line, through the information technology and communication network. The government of India by passing IT (Information Technology) Act 2000 and further amending it on 27th October 2009 has given fillip to cyber law. But various issues are not specifically covered by the Act, such as copyright, payment issues, media convergence, domain name, cybersquatting and jurisdiction. While these have wide-ranging ramifications for the growth of e-commerce in India The continued rapid evolution of a number key technologies and convergence of broadcasting media, communication media, home electronics, and publishing on computers creating a lot of legal issues. Today computer has made television, fax and telephone redundant. As technology creates new opportunities it also poses new challenges. Copyright is most complicated area of cyberlaw and facing greatest challenge. According to copyright act 1957, copyright is a negative monopoly right which enables author of the work to prevent others to exercise that right which has been conferred on him. What an author creates he is an exclusive owner of that. The precise text to determine whether a person is entitled to copyright is to ascertain whether “skill, judgment and experience or labour, and capital has been expended in creating the work. This paper is an attempt to study the problems of copyrights infringements and the liability of internet service provider.
With the advent of internet and social media the paedophiles have found a new hideout. When paren... more With the advent of internet and social media the paedophiles have found a new hideout. When parents allow their children to use internet, their main aim may be to provide a useful resource for education and learning. But if the internet is provided without placing child protection filters, children may be exposed to harmful adult contents. Child pornography, images of children involved in sexual activities, is traded on the internet round the clock. Social media apps, like Tik-Tok where users post 15-second clips of themselves have become an easy hunting ground for online paedophiles. This paper primarily addresses the need for awareness including development in the legal framework for child online protection. The objectives of this study are to analyse the association between awareness of minimum age to use social media among respondents of various age groups and to identify whether the opinion of male and female differs regarding the statement: "usage of porn sites is the major reason for crimes against children". This paper has adopted mixed methodology including empirical research method and doctrinal research method. This paper would show that opinion of male and female respondents differed and females are of the opinion that pornographic sites are a cause of rise in crimes against children. The internet era children are aware of digital and information communication technology more than their parents. This paper suggests that there can not be any single formula to protect children on cyberspace. Parental monitoring may be the best mechanism to protect children from online predators. This however would not be possible unless the criminal justice machinery offers best protective measures for safety of children online. India doesn't have a comprehensive legislation to protect and monitor children's online privacy and it is high time 1
International Review of Law, Computers & Technology, 2021
The Intermediary landscape in India is extensive and regulating; it is often laborious considerin... more The Intermediary landscape in India is extensive and regulating; it is often laborious considering the expanding market and ensuing policy changes. The advent of globalization heralds the inrush of entities that operate transnationally, which often beget legal uncertainties in outlining the intermediary liabilities conundrum. Many jurisdictions oscillated from the notions of liability to safe harbor in fixing the intermediary liabilities. Children are often an easy target of online abuse and Child Sexual Abuse Materials (CSAM) is the most circulated object in the cyberspace. This paper has adopted both empirical and doctrinal research methods. The paper primarily addresses the accountability and response on the part of intermediaries for abusive content against children transmitted in their platform and is an attempt to provide an insight into the reasons behind the online exploitation of children in India. The study analyses the public opinion on the online exploitation of children based on a survey conducted among 270 respondents aged from 14 to 50 years. The findings gave support to the suggestions that the exploitation and abuse of children frequently transpire online, and the public perception regarding the gender of child victims varies between girls and boys.
The internet keeps a record of everything shared online from the comments and photos to what we b... more The internet keeps a record of everything shared online from the comments and photos to what we browse. While it's fun to share online, it can also be highly damaging if the wrong information is posted. This paper primarily addresses the need for awareness including development in the legal framework for child online reputation. The objectives of this study are to analyse the association between awareness of children’s right to be forgotten among respondents of various age groups and to identify whether the opinion of male and female differs regarding the statement: “Children should have a right to erase the data of their past mistakes online and get a chance to start afresh”. This paper has adopted mixed methodology including empirical research method and doctrinal research method. The study shows that males and females have a different perspective regarding children’s right to be forgotten on the internet. The Internet has opened a plethora of opportunities to children to lear...
Financial sector plays an important role in the economic development of a country. Banking is the... more Financial sector plays an important role in the economic development of a country. Banking is the lifeline of an economy. A strong and healthy banking system is important requirement for economic growth. Indian banking industry, today is observing an IT revolution. The implementation of internet in banking organizations has modernized the banks. It has benefited both the consumers as well as banks. E Banking in India has seen a number of changes due to technology and innovation. Arrival of card, introduction of Electronic Clearing Service, introduction of Electronic Funds Transfer and concept of online banking and mobile banking are the various novelties which took place in banking sector. E-Banking is a generic term encompassing internet banking, telephone banking, mobile banking etc. Through E-Banking the bank wants to introduce the core concept of IT based Enabled Services. At the same time it was totally different from traditional banking system. It more convenient to the people...
The Internet has touched every aspect of human life, bringing ease in connecting people around th... more The Internet has touched every aspect of human life, bringing ease in connecting people around the globe and has also made information available to huge strata of the society on a click of a button. With advancement, came unforeseen banes of cyber offences. Cyberstalking, cyberbullying, spoofing, phishing, credit card frauds are a few to name from the possible cyber offences and many are still not predictable. Cyberbullying is a form of electronic communication which harms the reputation or privacy of an individual, or threatens or harasses, leaving a long-lasting impact. It is using beyond the permissible limit or unauthorized use of electronic technology affecting the life and reputation of another. The paper aims at introducing the concept of cyberbullying and how it is different from cyberstalking, effects and consequences, remedies available under the Criminal Laws and Information Technology Act, and its prevention. The objective of the paper is to discuss international laws pr...
These days, an association reliance on cyberspace is turning into an inexorably part of authorita... more These days, an association reliance on cyberspace is turning into an inexorably part of authoritative security. The foundation of various associations are interconnected in cyberspace, consequently the level of hazard to security has expanded significantly. The risk to cyber security is developing at tremendous rate. One of the contrasts amongst cybercrime and customary crime is the confirmation of the offenses. Conventional lawbreakers as a rule leave hints of a сrime, through either fingerprints or other physical confirmations. Then again, cybercriminals depend on the Internet by means of which they carry out their crimes, and it leaves next to no proof about the cyber crime. The second contrast amongst conventional and cybercrime is length of examinations. Since cybercrime includes culprits utilizing misrepresented names and working from remote areas, it more often than not takes more time to distinguish the genuine cyber hoodlums and catch them. As a rule, cyber offenders escape...
International Review of Law, Computers & Technology, 2021
The Intermediary landscape in India is extensive and regulating; it is often laborious considerin... more The Intermediary landscape in India is extensive and regulating; it is often laborious considering the expanding market and ensuing policy changes. The advent of globalization heralds the inrush of entities that operate transnationally, which often beget legal uncertainties in outlining the intermediary liabilities conundrum. Many jurisdictions oscillated from the notions of liability to safe harbor in fixing the intermediary liabilities. Children are often an easy target of online abuse and Child Sexual Abuse Materials (CSAM) is the most circulated object in the cyberspace. This paper has adopted both empirical and doctrinal research methods. The paper primarily addresses the accountability and response on the part of intermediaries for abusive content against children transmitted in their platform and is an attempt to provide an insight into the reasons behind the online exploitation of children in India. The study analyses the public opinion on the online exploitation of children based on a survey conducted among 270 respondents aged from 14 to 50 years. The findings gave support to the suggestions that the exploitation and abuse of children frequently transpire online, and the public perception regarding the gender of child victims varies between girls and boys.
Man dies, but his online assets survive and, often, intestate. These digital assets by themselves... more Man dies, but his online assets survive and, often, intestate. These digital assets by themselves may not have too much significance, but the data they hold is invaluable to the legal heirs, often mired in secrecy; man lives a secret life, and these online digital assets are privy to the same. The enormous digital assets a user creates during his or her lifetime result in a sizable amount of digital footprint posthumously. The consequence of all these cybernated dossiers is as unpredictable as the death itself, for there's no uniform practice of preservation, removal, and inheritance of these digital assets by the data handlers like social media platforms and other content hosting websites. Adding to this is the lack of proper definition and legal consensus as to what constitutes digital assets and how the deceased user's digital estate should be handled after his/her death. The objectives of this paper are to analyze the impact of death on digital assets and the association between unbequeathed online accounts and issues of identity theft and copyright violations of deceased user's accounts. This paper has adopted a doctrinal research method. The paper also broached the concerns about how these data should be managed in the best interests of legal heirs of the departed. The study shows that there's a lack of awareness among the netizens as to how to plan their digital estate while they are alive, and the personal laws of succession are also not drafted or revised foreseeing this new genre of assets.
Due to specially appointed nature of web application improvement also, outline many-sided quality... more Due to specially appointed nature of web application improvement also, outline many-sided quality of web application, it is hard to achieve idiot proof web security. As of late intruders damaged a few web destinations by anticipating strategies, for example, phishing, code infusion and so on. In the web defacement assault the trespasser changes the visual appearance of the webpage. The business contender, Guerilla and radical groups criticize the reputation of the associations and deceive open through these sorts of assaults. Manual checking and examining these assaults on web locales is a tedious and repetitive undertaking for law authorization organizations. Consequently there is a need to build up a framework which adequately screens the substance of web destinations and naturally produce caution for any suspicious or undermining movement. In this work a model framework is created to examine and identifies the defacement exercises naturally. The created framework effectively examines the web defacement assaults and it would be useful for web director to screen the web defacement assaults.
This paper deals with the topic of "Critical study on email related crimes with special reference... more This paper deals with the topic of "Critical study on email related crimes with special reference to hoax emails. The main aim of this research paper is to examine whether the existing laws in India such as Information Technology Act, 2000 and the Indian Penal Code provides for the protection against all cyber crimes. In this paper, the researcher has focused on what is email related cyber crimes, special reference to hoax emails. Email has fast emerged as the world's most preferred form of communication. Billions of email messages traverse the globe daily. Like any other form of communication, email is also misused by criminal elements. The ease, speed and relative anonymity of email has made it a powerful tool for criminals. These crimes are committed by a selected group of criminals. Unlike crimes using the computer as a tool, these crimes require the technical knowledge of the perpetrators. As such, as technology evolves, so too does the nature of the crime. These crimes are relatively new, having been in existence for only as long as computers have-which explains how unprepared society and the world in general is towards combating these crimes. When the individual is the main target of cybercrime, the computer can be considered as the tool rather than the target. These crimes generally involve less technical expertise. Human weaknesses are generally exploited. The damage dealt is largely psychological and intangible, making legal action against the variants more difficult. These are the crimes which have existed for centuries in the offline world. Scams, theft, and the likes have existed even before the development in high-tech equipment. The same criminal has simply been given a tool which increases his potential pool of victims and makes him all the harder to trace and apprehend.
With the number of people who have access to computer and the internet continually growing, there... more With the number of people who have access to computer and the internet continually growing, there has been an explosion in the use of the internet for the transfer of information and communication between users. However, the growth of the internet has also increase the resources available to criminals for illegal or bad purpose such as Cyberstalking. Conversely the internet has opened windows of previously unknown criminal opportunities that not only challenges, but also transcend all physical boundaries, borders, and limitations to detect, punish and diminish what appears to be a mounting problem of global proportion. This paper presents a glimpse of deviant behaviours of victims and offenders of Cyberstalking crimes.
Quick improvements and upgrades in information technology have brought another platform for excha... more Quick improvements and upgrades in information technology have brought another platform for exchange and business. They have expanded their essentialness and nearness in the "online markets" with the assistance of their trademarks to draw in consumers. Consequently, in this situation, trademarks assume a vital part in cyberspace and therefore, expanding the requirement for their insurance. Disputes over rights to domain names, which fill in as a source – distinguishing capacity in cyberspace, like a trademark, emerge at the core of this convergence between global trademark law and the Internet. In an effort to accommodate the special complexities displayed by domain name disputes, a large group of vehicles host been produced by which bothered gatherings may state their rights, for example, the Uniform Domain Name Dispute Resolution Policy (UDRP) proclaimed by the Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit organization that deals with the DNS.
The financial sector plays a vital role in the economic development of a country. Banking is the ... more The financial sector plays a vital role in the economic development of a country. Banking is the lifeline of an economy. A healthy and robust banking system is an essential requirement for economic growth. The Indian banking industry, today is observing an IT revolution. The implementation of internet in banking organizations has modernized the banks. It has benefited both the consumers as well as banks. E-Banking in India has seen a number of changes due to technology and innovation. The arrival of the card, the introduction of Electronic Clearing Service, the introduction of Electronic Funds Transfer and concept of online banking and mobile banking are the various novelties which took place in the banking sector. E-Banking is a generic term encompassing internet banking, telephone banking, mobile banking etc. Through E-Banking the bank wants to introduce the core concept of IT-based Enabled Services. At the same time, it was totally different from the traditional banking system. It is more convenient for people to make debit and credit. One of the reasons for e-banking gaining momentum in India is the increasing internet penetration among people. People today prefer using the electronic medium for banking because of a lot of advantages associated with it. But it has also put forth some issues and challenges regarding in cybercrime like data theft, phishing, credit card fraud etc. So in this paper, an attempt has been made to give an overview of e-banking in India and various issues and challenges facing in the banking industry
The internet keeps a record of everything shared online from the comments and photos to what we b... more The internet keeps a record of everything shared online from the comments and photos to what we browse. While it's fun to share online, it can also be highly damaging if the wrong information is posted. This paper primarily addresses the need for awareness including development in the legal framework for child online reputation. The objectives of this study are to analyse the association between awareness of children’s right to be forgotten among respondents of various age groups and to identify whether the opinion of male and female differs regarding the statement: “Children should have a right to erase the data of their past mistakes online and get a chance to start afresh”. This paper has adopted mixed methodology including empirical research method and doctrinal research method. The study shows that males and females have a different perspective regarding children’s right to be forgotten on the internet. The Internet has opened a plethora of opportunities to children to learn and network at the comfort of their home or school, however, children by their inherent naivety can be prone to leave incriminatory digital footprints which if not regulated can play havoc in their future. This paper suggests that there cannot be any single formula to protect children’s reputation online. Parental monitoring may be the best mechanism to protect and preserve the digital identity of children. This, however, would not be possible without the backing of the suitable legal process. India doesn't have comprehensive legislation to protect and monitor children’s online privacy and it is high time we adopt legislation in line with the European Union rules of “right to erasure” to protect our children.
Due to specially appointed nature of web application improvement also, outline many-sided quality... more Due to specially appointed nature of web application improvement also, outline many-sided quality of web application, it is hard to achieve idiot proof web security. As of late intruders damaged a few web destinations by anticipating strategies, for example, phishing, code infusion and so on. In the web defacement assault the trespasser changes the visual appearance of the webpage. The business contender, Guerilla and radical groups criticize the reputation of the associations and deceive open through these sorts of assaults. Manual checking and examining these assaults on web locales is a tedious and repetitive undertaking for law authorization organizations. Consequently there is a need to build up a framework which adequately screens the substance of web destinations and naturally produce caution for any suspicious or undermining movement. In this work a model framework is created to examine and identifies the defacement exercises naturally. The created framework effectively examines the web defacement assaults and it would be useful for web director to screen the web defacement assaults.
Information Technology is growing faster than any other communication vehicle in the history mank... more Information Technology is growing faster than any other communication vehicle in the history mankind. Invention of digital technology was the most important revolution in the last century. The influence of digital technology on information technology is phenomenal. The present millennium is witnessing a new culture that is internet culture. It is changing our lifestyle and way of doing business form traditional commerce to e-commerce. Originally confined to military establishment internet has due to its speed, inner creativity and flexibility, tremendous potential to disseminated information beyond the geographical boundaries. Today the internet is not only used for educational purposes but also for business. The availability of radio, telephone, television and computer made it possible to carry out most of the business activities on-line, through the information technology and communication network. The government of India by passing IT (Information Technology) Act 2000 and further amending it on 27th October 2009 has given fillip to cyber law. But various issues are not specifically covered by the Act, such as copyright, payment issues, media convergence, domain name, cybersquatting and jurisdiction. While these have wide-ranging ramifications for the growth of e-commerce in India The continued rapid evolution of a number key technologies and convergence of broadcasting media, communication media, home electronics, and publishing on computers creating a lot of legal issues. Today computer has made television, fax and telephone redundant. As technology creates new opportunities it also poses new challenges. Copyright is most complicated area of cyberlaw and facing greatest challenge. According to copyright act 1957, copyright is a negative monopoly right which enables author of the work to prevent others to exercise that right which has been conferred on him. What an author creates he is an exclusive owner of that. The precise text to determine whether a person is entitled to copyright is to ascertain whether “skill, judgment and experience or labour, and capital has been expended in creating the work. This paper is an attempt to study the problems of copyrights infringements and the liability of internet service provider.
With the advent of internet and social media the paedophiles have found a new hideout. When paren... more With the advent of internet and social media the paedophiles have found a new hideout. When parents allow their children to use internet, their main aim may be to provide a useful resource for education and learning. But if the internet is provided without placing child protection filters, children may be exposed to harmful adult contents. Child pornography, images of children involved in sexual activities, is traded on the internet round the clock. Social media apps, like Tik-Tok where users post 15-second clips of themselves have become an easy hunting ground for online paedophiles. This paper primarily addresses the need for awareness including development in the legal framework for child online protection. The objectives of this study are to analyse the association between awareness of minimum age to use social media among respondents of various age groups and to identify whether the opinion of male and female differs regarding the statement: "usage of porn sites is the major reason for crimes against children". This paper has adopted mixed methodology including empirical research method and doctrinal research method. This paper would show that opinion of male and female respondents differed and females are of the opinion that pornographic sites are a cause of rise in crimes against children. The internet era children are aware of digital and information communication technology more than their parents. This paper suggests that there can not be any single formula to protect children on cyberspace. Parental monitoring may be the best mechanism to protect children from online predators. This however would not be possible unless the criminal justice machinery offers best protective measures for safety of children online. India doesn't have a comprehensive legislation to protect and monitor children's online privacy and it is high time 1
International Review of Law, Computers & Technology, 2021
The Intermediary landscape in India is extensive and regulating; it is often laborious considerin... more The Intermediary landscape in India is extensive and regulating; it is often laborious considering the expanding market and ensuing policy changes. The advent of globalization heralds the inrush of entities that operate transnationally, which often beget legal uncertainties in outlining the intermediary liabilities conundrum. Many jurisdictions oscillated from the notions of liability to safe harbor in fixing the intermediary liabilities. Children are often an easy target of online abuse and Child Sexual Abuse Materials (CSAM) is the most circulated object in the cyberspace. This paper has adopted both empirical and doctrinal research methods. The paper primarily addresses the accountability and response on the part of intermediaries for abusive content against children transmitted in their platform and is an attempt to provide an insight into the reasons behind the online exploitation of children in India. The study analyses the public opinion on the online exploitation of children based on a survey conducted among 270 respondents aged from 14 to 50 years. The findings gave support to the suggestions that the exploitation and abuse of children frequently transpire online, and the public perception regarding the gender of child victims varies between girls and boys.
The internet keeps a record of everything shared online from the comments and photos to what we b... more The internet keeps a record of everything shared online from the comments and photos to what we browse. While it's fun to share online, it can also be highly damaging if the wrong information is posted. This paper primarily addresses the need for awareness including development in the legal framework for child online reputation. The objectives of this study are to analyse the association between awareness of children’s right to be forgotten among respondents of various age groups and to identify whether the opinion of male and female differs regarding the statement: “Children should have a right to erase the data of their past mistakes online and get a chance to start afresh”. This paper has adopted mixed methodology including empirical research method and doctrinal research method. The study shows that males and females have a different perspective regarding children’s right to be forgotten on the internet. The Internet has opened a plethora of opportunities to children to lear...
Financial sector plays an important role in the economic development of a country. Banking is the... more Financial sector plays an important role in the economic development of a country. Banking is the lifeline of an economy. A strong and healthy banking system is important requirement for economic growth. Indian banking industry, today is observing an IT revolution. The implementation of internet in banking organizations has modernized the banks. It has benefited both the consumers as well as banks. E Banking in India has seen a number of changes due to technology and innovation. Arrival of card, introduction of Electronic Clearing Service, introduction of Electronic Funds Transfer and concept of online banking and mobile banking are the various novelties which took place in banking sector. E-Banking is a generic term encompassing internet banking, telephone banking, mobile banking etc. Through E-Banking the bank wants to introduce the core concept of IT based Enabled Services. At the same time it was totally different from traditional banking system. It more convenient to the people...
The Internet has touched every aspect of human life, bringing ease in connecting people around th... more The Internet has touched every aspect of human life, bringing ease in connecting people around the globe and has also made information available to huge strata of the society on a click of a button. With advancement, came unforeseen banes of cyber offences. Cyberstalking, cyberbullying, spoofing, phishing, credit card frauds are a few to name from the possible cyber offences and many are still not predictable. Cyberbullying is a form of electronic communication which harms the reputation or privacy of an individual, or threatens or harasses, leaving a long-lasting impact. It is using beyond the permissible limit or unauthorized use of electronic technology affecting the life and reputation of another. The paper aims at introducing the concept of cyberbullying and how it is different from cyberstalking, effects and consequences, remedies available under the Criminal Laws and Information Technology Act, and its prevention. The objective of the paper is to discuss international laws pr...
These days, an association reliance on cyberspace is turning into an inexorably part of authorita... more These days, an association reliance on cyberspace is turning into an inexorably part of authoritative security. The foundation of various associations are interconnected in cyberspace, consequently the level of hazard to security has expanded significantly. The risk to cyber security is developing at tremendous rate. One of the contrasts amongst cybercrime and customary crime is the confirmation of the offenses. Conventional lawbreakers as a rule leave hints of a сrime, through either fingerprints or other physical confirmations. Then again, cybercriminals depend on the Internet by means of which they carry out their crimes, and it leaves next to no proof about the cyber crime. The second contrast amongst conventional and cybercrime is length of examinations. Since cybercrime includes culprits utilizing misrepresented names and working from remote areas, it more often than not takes more time to distinguish the genuine cyber hoodlums and catch them. As a rule, cyber offenders escape...
International Review of Law, Computers & Technology, 2021
The Intermediary landscape in India is extensive and regulating; it is often laborious considerin... more The Intermediary landscape in India is extensive and regulating; it is often laborious considering the expanding market and ensuing policy changes. The advent of globalization heralds the inrush of entities that operate transnationally, which often beget legal uncertainties in outlining the intermediary liabilities conundrum. Many jurisdictions oscillated from the notions of liability to safe harbor in fixing the intermediary liabilities. Children are often an easy target of online abuse and Child Sexual Abuse Materials (CSAM) is the most circulated object in the cyberspace. This paper has adopted both empirical and doctrinal research methods. The paper primarily addresses the accountability and response on the part of intermediaries for abusive content against children transmitted in their platform and is an attempt to provide an insight into the reasons behind the online exploitation of children in India. The study analyses the public opinion on the online exploitation of children based on a survey conducted among 270 respondents aged from 14 to 50 years. The findings gave support to the suggestions that the exploitation and abuse of children frequently transpire online, and the public perception regarding the gender of child victims varies between girls and boys.
Man dies, but his online assets survive and, often, intestate. These digital assets by themselves... more Man dies, but his online assets survive and, often, intestate. These digital assets by themselves may not have too much significance, but the data they hold is invaluable to the legal heirs, often mired in secrecy; man lives a secret life, and these online digital assets are privy to the same. The enormous digital assets a user creates during his or her lifetime result in a sizable amount of digital footprint posthumously. The consequence of all these cybernated dossiers is as unpredictable as the death itself, for there's no uniform practice of preservation, removal, and inheritance of these digital assets by the data handlers like social media platforms and other content hosting websites. Adding to this is the lack of proper definition and legal consensus as to what constitutes digital assets and how the deceased user's digital estate should be handled after his/her death. The objectives of this paper are to analyze the impact of death on digital assets and the association between unbequeathed online accounts and issues of identity theft and copyright violations of deceased user's accounts. This paper has adopted a doctrinal research method. The paper also broached the concerns about how these data should be managed in the best interests of legal heirs of the departed. The study shows that there's a lack of awareness among the netizens as to how to plan their digital estate while they are alive, and the personal laws of succession are also not drafted or revised foreseeing this new genre of assets.
Due to specially appointed nature of web application improvement also, outline many-sided quality... more Due to specially appointed nature of web application improvement also, outline many-sided quality of web application, it is hard to achieve idiot proof web security. As of late intruders damaged a few web destinations by anticipating strategies, for example, phishing, code infusion and so on. In the web defacement assault the trespasser changes the visual appearance of the webpage. The business contender, Guerilla and radical groups criticize the reputation of the associations and deceive open through these sorts of assaults. Manual checking and examining these assaults on web locales is a tedious and repetitive undertaking for law authorization organizations. Consequently there is a need to build up a framework which adequately screens the substance of web destinations and naturally produce caution for any suspicious or undermining movement. In this work a model framework is created to examine and identifies the defacement exercises naturally. The created framework effectively examines the web defacement assaults and it would be useful for web director to screen the web defacement assaults.
This paper deals with the topic of "Critical study on email related crimes with special reference... more This paper deals with the topic of "Critical study on email related crimes with special reference to hoax emails. The main aim of this research paper is to examine whether the existing laws in India such as Information Technology Act, 2000 and the Indian Penal Code provides for the protection against all cyber crimes. In this paper, the researcher has focused on what is email related cyber crimes, special reference to hoax emails. Email has fast emerged as the world's most preferred form of communication. Billions of email messages traverse the globe daily. Like any other form of communication, email is also misused by criminal elements. The ease, speed and relative anonymity of email has made it a powerful tool for criminals. These crimes are committed by a selected group of criminals. Unlike crimes using the computer as a tool, these crimes require the technical knowledge of the perpetrators. As such, as technology evolves, so too does the nature of the crime. These crimes are relatively new, having been in existence for only as long as computers have-which explains how unprepared society and the world in general is towards combating these crimes. When the individual is the main target of cybercrime, the computer can be considered as the tool rather than the target. These crimes generally involve less technical expertise. Human weaknesses are generally exploited. The damage dealt is largely psychological and intangible, making legal action against the variants more difficult. These are the crimes which have existed for centuries in the offline world. Scams, theft, and the likes have existed even before the development in high-tech equipment. The same criminal has simply been given a tool which increases his potential pool of victims and makes him all the harder to trace and apprehend.
With the number of people who have access to computer and the internet continually growing, there... more With the number of people who have access to computer and the internet continually growing, there has been an explosion in the use of the internet for the transfer of information and communication between users. However, the growth of the internet has also increase the resources available to criminals for illegal or bad purpose such as Cyberstalking. Conversely the internet has opened windows of previously unknown criminal opportunities that not only challenges, but also transcend all physical boundaries, borders, and limitations to detect, punish and diminish what appears to be a mounting problem of global proportion. This paper presents a glimpse of deviant behaviours of victims and offenders of Cyberstalking crimes.
Quick improvements and upgrades in information technology have brought another platform for excha... more Quick improvements and upgrades in information technology have brought another platform for exchange and business. They have expanded their essentialness and nearness in the "online markets" with the assistance of their trademarks to draw in consumers. Consequently, in this situation, trademarks assume a vital part in cyberspace and therefore, expanding the requirement for their insurance. Disputes over rights to domain names, which fill in as a source – distinguishing capacity in cyberspace, like a trademark, emerge at the core of this convergence between global trademark law and the Internet. In an effort to accommodate the special complexities displayed by domain name disputes, a large group of vehicles host been produced by which bothered gatherings may state their rights, for example, the Uniform Domain Name Dispute Resolution Policy (UDRP) proclaimed by the Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit organization that deals with the DNS.
The financial sector plays a vital role in the economic development of a country. Banking is the ... more The financial sector plays a vital role in the economic development of a country. Banking is the lifeline of an economy. A healthy and robust banking system is an essential requirement for economic growth. The Indian banking industry, today is observing an IT revolution. The implementation of internet in banking organizations has modernized the banks. It has benefited both the consumers as well as banks. E-Banking in India has seen a number of changes due to technology and innovation. The arrival of the card, the introduction of Electronic Clearing Service, the introduction of Electronic Funds Transfer and concept of online banking and mobile banking are the various novelties which took place in the banking sector. E-Banking is a generic term encompassing internet banking, telephone banking, mobile banking etc. Through E-Banking the bank wants to introduce the core concept of IT-based Enabled Services. At the same time, it was totally different from the traditional banking system. It is more convenient for people to make debit and credit. One of the reasons for e-banking gaining momentum in India is the increasing internet penetration among people. People today prefer using the electronic medium for banking because of a lot of advantages associated with it. But it has also put forth some issues and challenges regarding in cybercrime like data theft, phishing, credit card fraud etc. So in this paper, an attempt has been made to give an overview of e-banking in India and various issues and challenges facing in the banking industry
Intellectual Property Rights in Knowledge Era: Changing Contours, 2022
Protection of Geographical Indication (GI) has emerged as the most significant form of Intellectu... more Protection of Geographical Indication (GI) has emerged as the most significant form of Intellectual Property over the years. Considering its marketability legal protection of GI postulates tremendous importance. Through this chapter, the authors have endeavored to delve into the historical origin of this sui generis form of Intellectual Property Rights (IPR) and attempted to track its progress through the lens of national and international legal instruments. The main focus of the chapter is to dwell upon the legal framework of GI in India and to explore how it entrusted the GI registration process and safeguards the registered users against infringement. To comprehend the infringement and its remedies, the authors have embarked on a case study approach and presented the landmark GI infringement incidents. The authors analyzed the data available with the GI registry, Chennai from 2004 to 2022, to understand the trends of GI registrations in India. The authors further break down the day-to-day challenges in enforcing GIs and proposed corrective measures to overcome them.
One-click to enter or send something online by a user, generates a permanent digital record of wh... more One-click to enter or send something online by a user, generates a permanent digital record of what they have searched, commented or posted in cyberspace. Often marred by the ignorance or negligence of the user these digital records are stored and processed by private companies, state agencies, through various online platforms often without the informed consent of the users. These intrusive technologies metamorphose the web into a digital panopticon that permanently tracks private information so collected for an infinite digital present. Children's' identity and privacy online are delicate human rights issues and it necessitates a greater level of protection. Hence, the support of appropriate legislation to preserve the identity and privacy of children is the need of the hour. The Right to be Forgotten (RTBF) or right to erasure as conferred in the European Union General Data Protection Regulation (EU GDPR) empowers an individual to seek removal oftheirpersonal information stowed on the Internet. This is especially pertinent where children 's data is uploaded either by the child itselfor by parents or friends, which is processed on the Internet platforms such as social media, which later the child wishes to disassociate with. This article offers an overview of R TBF under GDPR and compares the legal position of Indian children with their European counterparts.
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Papers by Dr. Aswathy Prakash G, Ph.D