Information Technology / Cyber Law

The member firms of ILA  have expertise in complete range of matters related to Information Technology sector, including technology and strategic consulting services.

Our member Firms deal in software protection & licensing, data protection, domain names dispute resolution, technology transfer and technical assistance agreements, credit card frauds etc.

Our Member Firms advise corporate clients on cyber laws, data protection, IP protection, e-commerce, etc.

Data theft is one of the most common problems faced by the companies today. Our member Firms advise corporate clients on, protection against data theft and the best possible method, to resolve it.

Our member lawyers are well versed with the cyber laws, information technology laws, and data protection laws worldwide. Our member lawyers deal in software licensing, development and support and website development agreements. Our member Firms assist corporate clients in drafting agreements such as shrink wrap agreements, click wrap agreements software license and maintenance agreements, hardware maintenance and system supply agreements, access and beta test agreements, service provide agreements, interconnect agreements, broadcasting, satellite and digital terrestrial agreements, Conditional Access Systems (CAS) agreements, server co-location space agreements and other related commercial agreements.

ILA's member firms and lawyers also assist the IT companies in protecting their intellectual property and information technology-related compliance and taxation issues.

ILA's member Firms represent corporate clients in the tribunals, High Courts and the Supreme Court in almost all jurisdiction worldwide in matters of infringement of intellectual property rights and disputes relating to contracts and domain names.

Our members have significant experience in advising corporate clients in establishing strategic alliances between suppliers and buyers worldwide.

 
CYBER LAW

Our Member Firms and lawyers also deal in cyber law and handle cases like internet fraud, hacking, privacy and security related issues etc.

Briefly, Cyber Law is the law governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. In our fast paced digital world, more and more tasks depend on technology and software to effectively handles tasks such as managing our money, controlling our traffic signals, trading stocks and bonds, heating and cooling our homes and numerous other tasks that we take for granted in our day to day lives. While software helps to make our lives easier, the role of a software licensor or licensee is much less simple. Either parties want the computer programs to be effective and protected as well. When problems arise, however, a poorly designed license agreement can lead to substantial damages in terms of unnecessary costs, time, money etc.

Typically there are two types of software license arrangements wherein,

commercial software agreements, typically executed between vendors who seek to license the software for a business use, and

Software is licensed to end users, usually consumers, from the software developer/ manufacturer.

ILA's members  attend to information technology concerns, such as e-commerce, privacy, entertainment law and technology licensing. Member Lawyers at ILA provide assistance in defending against undue allegations of infringement, drafting or reviewing your website privacy policies, terms of service and other documents, drafting, reviewing and organizing technology licenses and arrangements to protect intellectual property rights

ILA's member Firms provides legal assistance in-

  • Litigation & Arbitration pertaining to technology disputes
  • Domain Name Disputes
  • E- Commerce disputes and arrangements
  • Technology Licensing and Service Agreements


 

Cyber Crimes In a Nutshell

Access of Computer without prior permission or by unethical or illegal means Hacking a Computer

This is one of the most prevalent forms of Cyber Crime committed in the Cyberspace. Hackers access the targets computer with the help of programs, which are readymade or self written, for these things. They breach the privacy of a person by accessing his computer without his permission or knowledge. Generally people who are not computer savvy are the targets of such gruesome attacks. Hacker after gaining access to a targets computer can use his passwords, credit card information, personal documents etc for their own personal gains. Thus this is cyber equivalent of stealing.

Trojan, Virus or Worm attack on a computer.

These attacks are done by hackers to destroy the data on the targets computer. Whenever a target downloads anything from the internet that is infecting by Trojan, worm or virus, his PC gets infected. When this downloaded file is executed the virus or worms spread around his data on the computer and thus destroying and corrupting the PC

Email Crimes

This includes Email Spamming, Email Spoofing, Email Bombing, Sending threatening emails, Sending defamatory emails, Email frauds. These cases are in rise nowadays with cases of Nigerian Fraud being reported in almost all the newspapers daily wherein targets are lured in to believing that they have won a lottery and under this pretext their Banking and Credit card information is extracted and misused.

Denial of Service Attack

These attacks are generally rare. In this type of attack hackers generate more requests than a website can handle and thus the website crashes, hence denying the legitimate users the use of that particular website. A large number of popular website have been under such attacks from world over in fact many government website are attacked to extract the secret information

Pornography

Cyberspace is filled with pornographic website and thus affects the mental condition of the under aged that are able to access these websites. Some illegal content like Child pornography, incest and other such content which is illegal in many countries is displayed in cyber space thus causing distress.

Breach of Privacy

A user when shares his personal information on the cyber space with someone with a promise that his information will be secure and wont be further shared but, when his information is shared with the third-party without his knowledge this amounts to breach of privacy in cyberspace. This is very rampant many social networking website have been accused of selling their users information to advertisers.

Defamation on internet and Cyber stalking

With internet people express their opinions on various things but when such opinions cross a certain limit and ranges in personal insults and abuses, it amounts cyber defamation. One can be sued in a court of law for defamation of a person online, with rise of social networking these types of cases are on rise.

IPR fraud

These include software piracy, copyright infringement, trademarks violations, theft of computer source code, patent violations etc. Internet being a free medium of expression, there are people who steal original ideas from others. This amounts to IPR Violation and is punishable by law.

Information Technology Act 2000 which was further amended in 2006 and then in 2008 thus currently Information Technology (Amendment) Act 2008 has been notified and enforced on 27th Oct, 2009. This act aims to covers all the above mentioned cyber crimes and more grave ones like Cyber terrorism.