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TABLE OF CONTENT
SR.NO CONTENTS PAGE.NO
1. DECLARATION BY STUDENT
2. ACKNOWLEDGEMENT
3. OBJECTIVES
4. SCOPE OF WORK
5. RESEARCH METHODOLOGY
6. MODE OF CITIATION
7. INTRODUCTION
8. SCIENCE AND LAW
9. RELATIONSHIP BETWEEN LAW,SCIENCE AND
TECHNOLOGY
10. BENEFITS OF TECHNOLOGY IN FIELD OF LAW
11. PROBLEMS AND PERSPECTIVE BETWEEN
LAW,SCIENCE AND TECHNOLOGY
12. IMPACT OF SCIENCE AND TECHNOLOGY ON
LAW AND SOCIETY
13. CYBER LAW AND INFORMATION TECHNOLOGY
ACT,
15. CONCLUSION
TABLES OF CASES
SR.NO CASES
- Shreya Singhal v. Union of India
- Avnish Bajaj v. State (NCT) of Delhi
- B.N. Firos v. the State of Kerala,
- Christian Louboutin v. Nakul Bajaj
Scope of study
Although I have done this project with utmost sincerity and attention to detail, there are a few limitations present, without which this research project could have been enhanced.
Firstly, the issue of time constraint did not allow me to research to the full extent and had to resort to only a few immediately available resources.
Secondly, the object of the research paper is to analyze the concept of law, science and technology provide a new source of information and knowledge to the readers about it. However, the critical analysis of the same, is a topic, which has already been established in various journal papers. But this paper talks about the cyber law plea so as to understand both pros and cons of the subject.
.
RESEARCH METHODOLOGY
This Research Project is descriptive and doctrinal in nature. It does not in any way or by any PHDQVLQWHQGWRSODJLDUL]HDQ\PDWHULDORUYLRODWHDQLQGLYLGXDO¶VFRS\ULJKW$FFXPXODWLRQRIWKH information on the topic includes wide use of secondary sources like, e-articles etc. The matter from these sources have been compiled and analyzed to understand the concept from the grass root level.
Websites and articles have also been referred.
The structure of the project, as instructed by the Faculty of Law has been adhered to and the same has been helpful in giving the project a fine finish off
INTRODUCTION
The connections between science, technology and law are ubiquitous in modern societies and JUDGXDOO\EHFRPLQJPRUHFRPSOH[,QWRGD\¶VZRUOGDVVFLHQFHDQGWHFKQRORJ\DUHUDSLGO\LQFUHDVLQJ so is the risk of misusing this science and technology. Law plays a growing key role in the regulation of science and technology, and seeks to explore in detail the various ways in which relatively new science, technology and law interact with science and technology law. They are defined as the discipline by which our legal system deals with the problem created by the ubiquitous impact of technology on society. Law plays a primary role in managing the impact of science and technology. In the words of a leading judge, "the law is the only tool by which society can control and channel science and technology" (Mark 1984). The implications of science and technology that the law seeks to administer can be divided into (a) risks, (b) benefits and (c) ethical implication. New and existing technologies create many potential problems such as health, safety, environmental and socio-economic ULVNV$SDUWIURPWKLVWRGD\¶VVFLHQFHDQGWHFKQRORJ\ZLOOEHYHU\XVHIXOIRUWRGD\¶VOHJDOV\VWHP $GYDQFHWHFKQRORJ\KHOSVODZ\HUVWRIDFLOLWDWHWKHLUGDLO\ZRUN7RGD\¶VWHFKQRORJ\KDVKDGDhuge LPSDFWRQWRGD\¶VOHJDOSURIHVVLRQDQGZHZLOOOHDUQPRUHDERXWWKHVHLPSDFWVLQWKLVSURMHFW$ moment of change in the conditions of economic production and human freedom, a moment made by many technological changes, often governed by law. The law already exists and will continue to be an important forum for negotiating the conditions of tomorrow, but one cannot think without understanding the technical, economic and social context in which it operates and the historical moment that accompanies it. Formal commitment to understanding how technology affects life and how law relates to technology is a precondition for understanding the roles and impacts of the corporate wars we see today.
SCIENCE AND LAW
(^1) The action of the law depends on the realities and finite discoveries with the ultimate goal of
determining problems that do not have a definitive answer as indicated by science. Science is, as a rule, an open-ended search for a sequence of data sharing and an extended contract, the realities of which depend on constant change. There are different purposes for comparing science and law. Science itself is organized into law on the slope sites. Art, in its legal significance, accepts each perform of human intelligence, thereby manufacturing one thing supernatural, and also the term 'science' encompasses all human information, that is generalized and systematic, and derived from the forms and relationships of law. They look to save you from the hassle of legal choices. However, when the legal advisor relies on science and agrees with the answers for the primary audience, they lose sight of it. No matter how concise and carefully reasoned the assumptions come, they cannot be expected to be fundamentally every case or legal issue. We continue to be eager to acknowledge that some new science will provide answers to legal issues, and we continue to be disappointed. An excellent model is the craft that convinces early lawyers and an arbitral tribunal. Preliminary lawyers yearn for silly, logical evidence. Assistants agree with science, listeners like logical evidence, and relentlessly, logical evidence can lead to equitable decisions at the mercy of a lawyer. There is no significant stimulus for the use of science in any part of the law other than patent law. Lawyers will generally agree with a focus on logical assumptions, failing to remember that the logical line is a false structure that would be relevant to the legal issue. Science in general is not a clear essay that moves effectively to different zones. In fact, even the thinking of a quality is a pseudo-development, which has wide- arriving at lawful inconveniences.
(^1) Robin Feldman,The Role of Science in Law, Researchgate.in,(Jan, 2009) https://www.researchgate.net/publication/268040995_The_Role_of_Science_in_Law
Relationship between Law, Science and Technology
Technological and scientific advances have critical and useful Impliications for law. On the generous side, new Scientific proof and Techniques will change the manner in which lawful cases are settled, including their outcomes. For instance, scientific DNA proof has generally modified criminal law and male centric clashes by significantly upgrading the veracity of lawful actuality finding, while simultaneously making a plenty of new lawful, moral, and social issues. In criminal cases, forensic DNA recognized and rebuff the culprits, in any case the case may have gotten away, and guiltless individuals indicted or sentenced would have been cleared. In any case, this incredible legal instrument raises new issues, for example, how DNA tests ought to be gathered, from whom, how hereditary data can be utilized, and whether sentenced guilty parties ought to be permitted to return cases dependent on new DNA proof. Advances in innovation further change the down to earth parts of law. The act of law has verifiably been influenced by new advancements including printing, phone, copy and fax. In the mid twenty-first century, advanced proof has improved the quality and accessibility of trial proof, while raising worries about the harm to computerized photos and chronicles. Online information bases, computerized chronicles, electronic development, new designs and introduction advancements, and advanced courts are changing the manner in which attorneys research, plan, and present their contentions. The accessibility of web based documenting and court records builds the comfort and accessibility of legal procedures, yet in addition makes new security concerns.
Benefit of technology in the field of law
1. Automatic Process:
Generally, all inner lawful work is done physically. While legal counselors are more centered around associating with non-legal advisors and other business experts, they ought to put some time in tackling errands identified with it. Of those, 63% are reality based and tedious. Presently, lawful programming like word processors and EDiscovery programming, for this situation, assume control over the assignments and work consequently. This improves the speed of activities, yet in addition gives legal counselors sufficient opportunity to zero in on other creation undertakings.
2. Straightforwardness in exploration:
Albeit lawful experts have gotten acquainted with the Internet and other comparative assets for their examination strategies, they are as yet staying with print items. They print out everything, including the revised laws and guidelines, and allude to them as they work for each situation. This adds time to the examination work. Legitimate examination arrangements, for this situation, help attorneys update each adjustment in the standards in any event, when they are not at their work area. Furthermore, these destinations get a wide scope of devices and capacities, for example, 'search' which are not accessible with print items.
3. Better asset the executives
Beforehand, junior legal counselors were alloted to do random temp jobs, for example, gathering, putting away, overseeing and executing titles or educating lawyers about their day by day plan. It not just makes the individuals who are not interested all the while, yet in addition makes senior legal counselors can't help thinking about how to utilize their latent capacity. Lawful specialized arrangements are something that can help. Lawful title the board and calendaring applications give speedy bits of knowledge into all the assignments identified with themes and all the undertakings they need to do on that specific day. It offers senior legal
comprehension of what issues customers ordinarily face nowadays, and concocts arrangements identified with it.
7. More accommodation
Adds comfort to legitimate based versatile applications and programming lawful cycles. From one viewpoint, these mechanical arrangements assist basic clients with interfacing top lawful experts even without leaving their home. Then again, these product's can give a chance to attorneys to keep up correspondence with different legal advisors and customers, update them continuously, perform research errands productively, and that's just the beginning. Thus, the total lawful biological system is significantly more helpful for everybody.
8. Improved client experience
All the days expected to sparkle in the business to offer the best lawful types of assistance. Today, keeping your clients fulfilled and upbeat is similarly significant. For this situation, AI can improve your client experience methodology by giving redid administrations. It can gather piles of purchaser information continuously and assist you with improving. This will keep customized messages and different messages cutting-edge.
Problems and perspective between Law and Technology
Technology can sometimes change the rule because: -
i) It imposes operational rules. For example, the regulation of digital signatures. ii) This includes the rule. iii) It guarantees enforcement. For example, digital rights management.
COPYRIGHT ACT:
The Copyright Act, 1957 (No. 14 of 1957) administers the material and appropriate guidelines with respect to copyright in India. The nation's copyright law was administered by the Copyright Act of 1914, which essentially expanded the British Copyright Act of 1911 to India, and was broadly acquired from the new UK Copyright Act of 1956. Copyright Act, 1957. Copyright law today consents to most worldwide shows and arrangements in the field of copyright. India is an individual from the Bern Conference of 1886 (adjusted in Paris in 1971), the Universal Copyright Conference of 1951 and the Trade Related Aspects of the 1995 Intellectual Property (Trips) Agreement. Despite the fact that India isn't a part, the Rome Convention of 1961, the WIPO Copyright Agreement (WCT) and the WIPO Performance and Sound Recording Agreement (WPPT) are liable to copyright law.
Contract LAW:
This is one of the means taken to guarantee information security. The current Indian lawful structure for information security from a seaward point predominantly goes under agreement law. Under the Indian Contract Act, 1872, one organization can tie another through an agreement. This is conceivable on the grounds that the law is characterized as 'considering' any demonstration or deviation at the desire of the promise, which implies that for some shared assessment, one organization may tie to another to perceive and pay a positive obligation to secure the information. Such understanding may determine the particular commitments and commitments of the two players included and incorporate arrangements identifying with the obligation of the Indian organization to secure the protection of the information, just as the terms
Impact of Science, Technology and Law on the Society
(^2) It is clear from the previous discussion that science and technology have an impact on both law
and society in the positive and negative sense. Under the current circumstances, we cannot live without technology. This is huge Comfort life is very difficult for us without facilities. Science and technology start small to large Discoveries that are a part of our lives. This is inseparable from our daily routine. In every field system and everything it is easy and the facilities work smoothly to switch under the comfort zone. Life has become one Technology. Medicine, education, agriculture and many other technologies depend on it It is not possible without the help of scientific discoveries. As for the progressive society, it is very important for us too Older versions of the same inventions can use the latest or updated techniques. It seems too much Would be more effective than the traditional way of life of the people of the world. All online transactions are part of modernity Business and help through science and technology. This is possible when exchanging various trades on has great diversity in the national or international modern world. We can not imagine what this means Technology has contributed through a modern perspective. The world exists because the world village is connected through science and technology. Its adventures not only at the national level but in all fields International perspectives. Technology has created many confusions and shortcomings. We know hackers and all other people stealing information and creating multiple problems for the individual. The reason is in modern times nothing is safe. Extensive disadvantages are under the heading of new dimensions of paper New Challenges of Internet Security. Here we explain how science and technology affect law. Law Are in a sense to discipline individuals to prevent wrongdoing. Science now The findings are in perspective. The law was changed according to the need of the time. Not all parts yet though Information technology can control many problems. Sometimes WKDW¶VZKDWZHKHDUIURPSHRSOH$UHDOXVHUFDQFRPSOHWHPDQ\WUDQVDFWLRQVZLWKRXWGRLQJ anything. Bank frauds, ATM frauds, etc. Going on at the highest level. These issues are still unresolved from country to country. Various The law is passed by every country in the world, but nothing is done. It is an impact of science and Technology in law and society. The second scenario seems to have deteriorated, but the problem still persists Lives. The law regulates the behavior of the people of the community. It is a framework of what can or cannot be done finish it. The impact of science and technology is not insignificant compared to society. Do so in every (^2) Kuldeep singh,Impact of Science and Technology on Law and Society with Dimensions of New Challenges of Cyber Security,SSRN,(2018),http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html
country There are many laws that can be used to prevent or directly deal with illegal transactions online Techniques of science. We cannot deny the influence of the discovery of the science of our ordinary life. Like Mobile covers all types of life or field related to mobile phones, laptops, educational institution or life by science and technology. Hence, different levels of science or international traditions Implementing regulation to manage different types of activities.
HOW TECHNOLOGY RESCUE INDIAN LEGAL SYSTEM DURING
COVID-
(^3) The overall set of laws in India is viewed as ordinary contrasted with the antiquated practices
and general set of laws of different nations. Yet, with the new COVID-19 emergencies, Indian courts can utilize innovation to implement their capacity and change any circumstance, while simultaneously moving the wheels of equity. All the courts indicated unprecedented availability during these emergency times by productively changing over from courts to video screens of PCs. The adjudicators took things from their homes and workplaces, and the legal counselors contended from their own places. Albeit in some high court's the courts take just earnest issues of public significance and bail matters, this emergency may lead us to call this framework "innovation driven equity advancement". Nonetheless, there were a few weaknesses in the procedures through the video meeting at the Supreme Court since Change isn't in every case simple, wonderful and important. The Supreme Court assisted legal advisors with introducing themselves through the video application. The recorder added lawyers to show up on a case in a "video gathering" board on WhatsApp, educating applicants and respondents to be set up with their issues. The High Court's utilized their ability to make their own bodies and issue email IDs from which an attorney could send his own subtleties alongside the subtleties of the case. The email ID of government counsels was additionally given to give prompt notification. Exceptions were effectively conceded to affirmations in these seasons of emergency. Famous law offices
what's more, attorneys have moved from routine practices to a "telecommute" working framework, along these lines adding greater adaptability and comfort to work styles. Bar Associations has set up designs to help legal counselors promoted through WhatsApp gatherings, (^3) India Legal Bureau, COVID-19 brings down legal system but, technology comes to its rescue,IndianLegal.live.(April 12, 2020) https://www.indialegallive.com/top-news-of-the-day/news/covid-19-brings- legal-system-technology-comes-rescue/
Cyber Laws and Information technology Act
CYBER LAW IN INDIA:
Digital law or what we call cyber law is essentially the part of law that manages legitimate issues identified with the utilization of innovation. The administering systems and lawful structures that direct the development of the internet business in India fall inside the ambit of Internet law. Web law essentially incorporates laws identified with electronic and computerized marks, cybercrime, licensed innovation, information security and protection
Data TECHNOLOGY ACT, 2000
The Information Technology Act of 2000 (hereinafter alluded to as the "IT Act") is the essential law administering cybercrime and internet business in India. It gives lawful acknowledgment to exchanges made through electronic information move and electronic correspondence. Moreover, it characterizes digital wrongdoings and recommends explicit punishments likewise. Likewise, the IT Act commands the production of a controller of affirming specialists with the ability to manage the issuance of advanced marks. This further settled the Cyber Appeals Tribunal, which can resolve clashes emerging explicitly from digital law. The Act further proposes to change the IPC, Evidence Act, Reserve Bank Act and Bankers' Book Evidence Act as per the arrangements of the ID Act.
HISTORY
Because of globalization, computerization and the improvement of online business during the 90s, UNCITRAL embraced Model Act on web based business, 1996. The UN General Assembly passed a goal in 1997 UN to give positive criticism on model law UN Against this foundation of the Model Law, the Government of India instituted its Information Technology Act in 2000. An
incredible one Amended in 2008, there were new units to manage assault news and digital psychological warfare Introduced to ID Act.
The Information Technology Act 2000 depends on the UN Model Law on web based business Applies to the entire of India. This law is the fundamental law managing cybercrime and gadgets Trade in India.The unique law before the 2008 alteration contained 94 segments and was isolated into 4 with 13 parts extra Schedule
Goals:
The IT Act was authorized in India considering some key highlights, with the possibility of battling the ascent of digital wrongdoing Objectives to help improve digital law requirement. Electronic administration is fundamentally an innovation driven government that can adequately change innovation Providing data and administrations. IT law effectively gives lawful acknowledgment to e-character. Cybercrime is viably focused by law by giving Specific discipline to cybercrime varying. The IPC additionally gives punishments to cybercrime of 1860, which was considered deficient due to digital law
Data Technology Act and its application Rapid pace of cybercrime arising with new innovation. Wrongdoings are essentially creative, already unmanageable and utilize high innovation. On account of this comparatively, another and explicit order of the law was required, which is presently given by the IT Act, 2000. The huge reason for this law is to accommodate the foundation of a Cyber Appeals Tribunal. It accompanied Establishment of a different component to determine matters as a redrafting court emerging from the delegated specialists Under the IT Act. Moreover, it enabled the Central Government to name a regulator of affirming officials. The motivations behind this Act and his capacities are explained in clear terms inside the Act. Moreover, it gives The Constitution of the Cyber Regulatory Advisory Committee, which has the ability to exhort the Central Government Controller in planning the provisions of this Act
Revision 2008:
