Cyber Laws (Including Information Technology Act, 2000) Lessons Plan
9th semester (2013-2014)
(1)Introduction – Cyberspace vs. Physical space; Scope of Cyber Laws.
(2)Components of Cyber Laws in India - Information Technology Act, 2000; Relevant provisions from Indian Penal Code, Indian Evidence Act, Bankers Book Evidence Act, Reserve Bank of India Act, etc.
(3)Information Technology Act – a brief overview; Documents or transactions to which IT Act shall not be applicable; meaning of Computer, Computer system and Computer network; E – commerce; E – governance; Concept of Electronic Signature; Concept of Cyber contraventions and Cyber Offences.
(4)E- Contract – legal provisions regulating the e – contract with special reference to the provisions of IT Act, 2000.
(5)Copyright issues in Cyberspace – relevant provisions under Copyright Act, 1957 regulating copyright issues in Cyberspace; Online Software Piracy – legal issues involved; Analysis of sufficiency of provisions of Copyright Act to deals with Online Software Piracy.
(6)Trademark issues in Cyberspace – Domain Name; Cyber squatting as a form of Domain Name dispute; Case law.
(7) Concept of Cyber Crimes – ‘Cyber Contraventions’ & ‘Cyber Offences’ (8) “Study Of Some Specific Kinds Of Cyber Crimes”-
(a) ‘Unauthorised Access’ & ‘Accessing the Protected System’- meaning with reference to an idea of Cyber Hacking; the legal issues involved.
(b)Introducing Computer contaminant or virus – legal issues involved.
(c) Denial Of Access To Authorised Person – e.g.- Denial of Service (DoS) Attacks; E mail bombing – legal issues involved.
(d) Web jacking, Web Defacement & Salami Attacks - legal issues involved.
(e) Cyber Defamation – meaning; applicability of provisions of IPC; penal liabilities.
(f) Phishing – a kind of online fraud; meaning; legal issues involved with reference to applicable provisions from IT Act, 2000.
(g) Cyber Stalking - meaning; elements; applicable provisions from IT Act, 2000. (h) Cyber pornography – meaning; relevant provisions from Constitution of India;
relevant provisions from IPC; relevant provisions from IT Act; reported case law.
(i) Cyber Terrorism – meaning; various modes of committing Cyber terrorism; applicable provisions from IT Act.
(9) Information Security Management System and other Security Compliances.
Cyber Law
Project Topics - IX th Semester, Session - 2013 - 14 Sl
No.
Roll
No. Project Topics
1 301 Interface of Information Technology Law and Intellectual Property Laws 2 303 Obscenity and Child Pornography - Applicability of Hicklin Test
3 304 Cyber Crimes & Investigation procedures in India
4 305 Cyber Cafes : Emerging as a New Tool for Cyber Offenders
5 306 Concept of Electronic Signature with special reference to UNCITRAL Model Law on Electronic Signature
6 307 Money laundering & IT Act, 2000 7 308 Blocking of Websites
8 309 Disputes related with Online Contracts in Cyberspace 9 310 Cyber Crimes and the IT Act, 2000
10 311 Hacktivism and Wikileaks : New Challenges to Cyberworld 11 313 Applicability of IPC in Cyber Offences
12 314 Judiciary on Cyber Jurisdiction
13 315 Cracking, Phreaking, Whacking and Hacking : Legal issues
14 317 Linking, Framing, Caching and Meta-tagging : Legal issues involved 15 318 Domain Naming Disputes and approach of Indian Judiciary
16 319 Computer Related Crimes & IT Act, 2000
17 320 Prevention of Cyber Hacking : International initiatives
18 321 Software Piracy - A Study with special reference to Apple vs Samsung Controversy 19 322 Obscenity and Child Pornography - Applicability of Hicklin Test
20 323 Cyber Cafes : Emerging as a New Tool for Cyber Offenders 21 324 Legal Consequences of Online Defamation
22 325 Laws Applicale to Protection from Computer Virus 23 326 Legal Issues involved in Net Banking -An Indian Perspective 24 328 E-Mail Privacy Disputes
25 330 Spoofing and Indian Laws
26 331 Prevention and Control of Cyber terrorism : International initiatives 27 332 Computer frauds and Abuse : An analysis
28 333 Patent protection in the Cyberspace
29 334 Tax issues relating to E - commerce and Internet 30 335 Cyber Offences under the IT Act, 2000
31 336 Evidentiary issues in Cyber Laws 32 337 Taxation of Digital Goods
33 339 Provisions of Cybercontraventions under the IT Act, 2000 34 340 Internet Chatting & Socio - legal issues
35 341 Cyber Crimes and Challenges to Criminal Justice System 36 342 Cryptography and Stagnography
37 343 Electronic Signature vis-à-vis IT Act, 2000
38 344 Laws relating to Privacy in the Online World : A Comparative Study 39 346 Internet and Privacy Issues
40 347 International Conventions on Cyber Crime : A Study 41 349 Hacking - Its Different Modes and Legal Consequences 42 350 Cyber Appellate Tribunals and its working
43 351 Copyright Protection in the Digital age 44 352 Trademark Law in Cyberspace
45 354 Freedom of Expression in Cyberspace
46 357 Various forms of Copyright Infringement in the Digital Environment 47 359 E - Commerce initiatives in India
48 360 Online Sale of Goods and Consumer Protection 49 361 E - Evidences and their admissibility issues
50 362 Unsolicited Commercial Communications and Spamming : A Critical Study 51 364 E - Contracts - Legal challenges
52 365 Electronic Signature and Encryption
53 366 Internet a New platform for White Collar Crimes 54 368 Copyright issues in Cyberspace
55 370 Cyber Laws in India : A Critical Analysis of its Effectiveness 56 371 Social Networking and Privacy Issues
57 372 Privacy Law Jurisprudence and IT Act 58 374 Data Protection Laws : An Analysis 59 375 Patenting of Business Software
60 377 Prevention of Cyberpornography and Legislative approach in India 61 378 Cyber Stalking : A Socio Legal Study
62 379 Human Right Issues in Cyberspace
63 380 Role of Internet in the Growth of Economic Crimes : A Legal Analysis 64 380(A) Privacy and Data Protection in Cyberspace
65 3156 E - Payment and Legal Challenges
66 3212 Interface of Information Technology Law and Intellectual Property Laws 67 3264 Principles applicable to Online Contract
Investment and Security Law
Semester IX
Introduction and objective of the course:
Today, Investment and security Law forms the heart of commercial Law. The economic development of any country has become intricately connected to the events in the security market. Also, the phenomenon of inter connectedness of securities markets across the world and consequently, uniformity in regulation in these countries, has become a norm. The following syllabus seeks to equip students with basic understanding of role of securities, security market, their regulation and their relation and impact on investment.
Syllabus
1. Historical Background of securities and investment laws 1.1. Securities: the concept
1.2. Historical evolution of securities, securities market and its regulation 1.3. India: from usury laws to the modern system
2. Securities: Kinds 2.1. Government Securities 2.2. Securities issued by banks
2.3. Securities issued by corporations
2.4. Securities in mutual fund and collective investment scheme 2.5. Depository receipts
3. Government Securities
3.1. Bonds issued by government and semi government institutions 3.2. Role of Central Bank (the RBI in India)
3.3. Impact of issuance of bonds on economy 3.4. Government loan from the general public 3.5. External borrowing
3.5.1. World Bank 3.5.2. I.M.F.
3.5.3. Asian Development Bank
3.5.4. Direct loan from foreign government.
3.6. Government loan: the constitutional dilemma and limitations 3.7. Can a state go for external loans?
3.8. Impact on economic sovereignty
3.9. Dilution of power of the Central Bank (RBI) 3.10. Treasury deposits
4. Securities Issued by Banks
4.1. Bank notes: is it the exclusive privilege of the Central Bank in the issue 4.2. Changing functions of banks from direct lending and borrowing to modern System
4.3. Bank draft, travellers' cheques, cheque cards, credit cards, cast cards 4.4. Deposits' nature: current, saving and fixed deposits, interest warrants
5. Corporate Securities 5.1. Shares
5.2. Debentures
5.3. Company deposits
5.4. Control over corporate securities
5.4.1. Central government: Company Law Board 5.4.2. SEBI: guide lines on capital issues
5.4.3. RBI
5.5. Protection of investor 5.5.1. Administrative regulation 5.5.2. Disclosure regulation
5.5.3. Protection by criminal sanction
6. Collective Investment 6.1. Unit Trust of India
6.2. Venture capital 6.3. Mutual fund
6.4. Control over issue and management of UTI, venture capital and mutual funds
6.5. Plantations and horti-culture farms 6.5.1. General control
6.5.2. Control by rating 6.5.3. Regulation on rating.
7. Depositories
7.1. Denationalized securities 7.2. Recognition of securities
7.3. Types of depository receipts: IDR, ADR, GDR and Euro receipts 7.4. SEBI guideline on depositories
8. Investment in non-banking financial institutions 8.1. Control by usury laws
8.2. Control by RBI
8.3. Regulation on non-banking financial and non-financial companies 8.3.1. Private-financial companies: registration and regulation
8.3.2. Chit funds
9. Foreign Exchange Control Regime in India 9.1 .Concept of foreign exchange regulation
9.2. Administration of exchange control
Suggested Text Books
Avdhani. V.A, Himalaya Publishing House, 2005, Investment and Securities Markets in India.
K.P.M. Sundaram, P.N.Varshney, Sultan Chand & Sons, Banking theory, Law and Practice
Dutta’s banking law and Investments,
Suggested References
Ranald C Michie, Thr Global Securities Market, a History, (2006), Oxford University Press Inc., New York
Loss Louis, Seligman Joel and Paredes Troy, Securities Regulation (2006), Aspen Publishers
Farrar, John, H. and Hanniyan, Brenda, Farrr's Company Law, (1998) Butterworths, London
Gupta, S.N., the Banking Law in Theory and Practice, (1999) Universal, New Delhi.
Tannan, M.L., Tannan's Banking Law and Practice in India, (2000) India Law House, New Delhi
Ramaiya, A., Guide to the Companies Act, (1998) Wadhwa and Co., New Delhi. Bhandari, M.C., Guide to Company Law Procedures, (1996) Wadhwa and Co., New Delhi.
Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999) Butterworths, London.
Purithavathy Pandian, Vikas Publishing House, Delhi. Security Analysis and Portfolio Management.
Kucchal. S.C, Chaitanya publishing House,21 st ed. Corporate Finance.
Shekhar. K.C. Shekar Lekshmy, Vikas Publishing House, 20 th ed, Banking theory and Practice.
Dr. S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions. Mithani.D.M, Himalaya Publishing House, Money banking, International trade and Public Finance.
G.Vijayragvan Iyenger, Excel books, New Delhi, Introduction to Banking. Bholey. L. M, Financial Institutions and Markets.
Reading Material Compulsory:
Tannan’s Banking Law, visit website of NSE, BSE, SEBI and NCFM Modules.
Reference:
Reading material from The Economic Times, Business Line, capital markets magazines, moneycontrol.com, Investment strategies for institutional investors and policies for foreign investors.
Investment and Security Law
IXth SemesterProject List
Serial No. Roll No. Project name
1 301 The Sub prime crisis in the US in 2008 and its impact
2 303 Call Money markets
3 304 Credit rating agencies and their regulation
4 305 European sovereign debt crisis
5 306 The Sahara India-Sebi dispute
6 307 The Micro finance companies and their regulation
7 308 Capital Bailouts and their impact
8 309 A study of Participatory notes in governing the foreign
9 310 Commercial papers
10 311 Merchant Bank: A critical analysis
11 313 Indian Derivatives Market and its regulation
12 314 Risk management
13 315 Public issues by Insurance companies
14 317 Anti Money laundering and combating financing of
terrorism
15 318 Repos as controlling factor in various issues and legal
aspects
16 319 Regulation of NBFCs
17 320 Payment and settlement system
18 321 FDI in Retail sector in India
19 322 Corporate governance in financial sector
20 323 Asian Development bank
21 324 Interest rate structure and its genuineness in India
22 325 Asset management companies
23 326 Regulation of FII
24 328 Insider Trading
25 330 Commercial paper and certificate of Deposits
26 331 Sovereign Debt
27 332 Securities and Exchange Board of India (Substantial Acquisition of shares and takeovers) Regulations. 2013
28 333 Securities and Exchange Board of India (Prohibition of
Fraudulent and unfair trade practices relating to securities market) Regulations, 2003
29 334 Clearing corporations
30 335 The Depositories Act 1996
31 336 Sovereign Wealth funds
32 337 Dematerialisation
33 339 Priority Sector Lending
34 340 Investor protection
35 341 Credit rating agencies and their role: a critical analysis
36 342 NRI Investment in India
37 343 Vodafone Investment in India and related issues
38 344 Impact of Micro finance companies: a critical analysis
39 346 Investment arbitration in India
40 347 Credit facilities to minority communities
41 349 Islamic Investment Banking
42 350 FCCBs
43 351 Employee Stock Option Scheme
44 352 New Financial Instruments
45 354 Sustainable development in Investment Law
46 357 Delisting of securities
47 359 Book building process
48 360 Bombay Stock Exchange
49 361 Euro Receipts
50 362 Impact of borrowings from IMF
52 365 Chit Funds
53 366 Debenture Trustee
54 368 Hedge Fund
55 370 Impact of currency rate on investment
56 371 Private equity
57 372 Regulation of investment banks
58 374 History of financial instruments
59 375 Stock Market
60 377 Impact of takeover regulation on corporate sector in
India
61 378 Forecasting and its impact on investment
62 379 Index fund
63 380 Ombudsman for security market
64 380 (A) Justice Wadhwa committee report on reallocation of
shares in the matter of IPO irregularities
65 3156 India – EU BTIA negotiations
66 3212 Portfolio management
67 3264 Small Investors