Law and Justice

Posts Tagged ‘Criminal Law’

Breaching a contract is bad, bad, bad…isn’t it? Well, not always, at least not in the eyes of the law. The purpose of contract law is not to spank naughty promise-breakers, but to increase economic efficiency.

Suppose, for example, that you own some real estate. Buyer 1 wants to live in your house and offers you what you consider to be a good price for it, and you enter into a contract with Buyer 1 to sell it to him. Then Buyer 2 calls you. He wants to buy your real estate to build a shopping center on it, and he is willing to pay you twice as much as Buyer 1. You contact a lawyer and he tells you that even if you pay full damages to Buyer 1, with what Buyer 2 is paying you you’ll still come out way ahead. You respond by breaching the contract with Buyer 1, paying him the amount he lost on account of your breach (known as “expectation damages”), and selling the house to Buyer 2. Should you contact a priest to confess your sin?

Not necessary. By paying Buyer 1 full expectation damages, you put him in as good a position as he would have been in had you performed your contract with him. Therefore he has no legitimate complaint. Furthermore, by selling your real estate to a developer whose development will increase the economic value of your real estate far more than Buyer 1 would have, you have done your part to increase economic efficiency. So pat yourself on the back, take a trip to Maui, whatever. You have just committed what is known as efficient breach, and Uncle Sam is happy with you because the property taxes on your former real estate will undoubtedly increase, and so will your income taxes.

The point is that when it comes to civil law (as opposed to criminal law), morality takes second place to economic efficiency. That is why someone who robs a house is guilty, but someone who breaches a contract to sell a house is merely liable (of course, you can be guilty and liable at the same time!).

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Data Theft in Cyber Space – Issues and Laws

The rapid development of Information technology poses new challenges before the law. These challenges are not confined to any single traditional legal category but arise in, for example, Criminal Law, Intellectual Property Law, Contract and Tort. One such challenge is the growing menace of “Data Theft”. It is the term used when any information in the form of data is illegally copied or taken from a business or other individual without his knowledge or consent.

Data as a valuable asset

Data is a valuable asset in this modern era of Information Technology (IT).  Data is an important raw-material for Call Centers and I.T. Companies. Data has also become an important tool and weapon for Corporates to capture larger market shares. Due to the importance of Data in this new era, its security has become a major issue with the I.T. industry.  The piracy of data is a threat, faced by the I.T. players, who spend millions to compile or buy data from the market.  Their profits depend upon the security of their Data. 

Issues

The major issue regarding Data Theft is its International character, for example Systems may be accessed in USA, the data manipulated in China and the consequences felt in India. The result of this ability is that different sovereignties, jurisdictions, laws and rules will come into play which again is an issue in itself. Further, collection of evidence in such circumstances become another issue as investigation in three different countries, all of whom may not be in talking terms, is almost impossible and poor technical know-how of our cops adds to the woes. Also, the lack of coordination between different investigating agencies and a not-so-sure extradition process is another head ache. However the biggest of all these issues is the lack of specific laws in the country dealing with this crime, so even if the culprit is caught he can easily get away by picking and choosing any of the of various loopholes in our law.           

Does India have sufficient Laws?

The problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act, 1984 there is no specific legislation in India to tackle this problem, though India boasts of its Information Technology Act, 2000 to address the ever growing menace of cyber crimes, including data theft. The truth is that our IT Act, 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act, 2000 which deal with the problem to some extent are briefly discussed below.

Section 43:- This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.

Section 65:- This section provides for computer source code. If anyone knowingly or intentionally conceals, destroys, alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. Thus protection has been provided against tampering of computer source documents.

Section 66:- Protection against hacking has been provided under this section. As per this section, hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed, deleted, altered or its value and utility get diminished. This section imposes the penalty of imprisonment of up to three years or fine up to two lakh rupees or both on the hacker.

Section 70:- This section provides protection to the data stored in the protected system. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

Section 72:- This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

Can Data Theft be covered under IPC?

Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-

Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

 Section 22 of I.P.C., 1860 defines “movable property” as follows:-

            “The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.”

            Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of “Theft”.  However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property.  But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC. 

 “Data”, in its intangible form, can at best be put at par with electricity.  The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666).  Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC.  However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.  

What do we need and why do we need?

It is imperative in today’s world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries (worst affected industries) against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions, India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.    

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Advertising is a relatively recent development in the legal profession. Not all firms advertise it is advisable for every law firm to take note of the important resource the internet has become to consumers seeking services. Even among lawyers and firms that chose not to advertise, the importance of the internet as a consumer resource should not be overlooked. An internet presence can give a law firm more credibility. It is a non-intrusive way for a law firm to begin building trust with potential clients. In fact in some ways a law firm without a presence on the internet may be at a disadvantage and some may not even consider them a reputable business if they do not have a website.

A law firm with its own website can accomplish a number of things. Most people conducting a random search for an attorney are not certain of the law regarding their problem, and concerned about cost. Moreover, there exists today a widespread skepticism about attorneys, especially among the uninitiated. A website can ease some of those uncertainties, and thus invite contact from the potential client.

The website can describe the firm’s areas of legal focus. It acts as an educational tool, explaining the basics of selected areas of law and suggesting some initial steps for the potential client. Eventually the client will end up in a lawyer’s office somewhere, so providing some initial online education will give the law firm a benign and positive first impression.

As with other forms of media, defense and personal injury attorneys are the most likely to be found using the web as an advertising service. Most law firms with other sorts of specialties that use hosted websites tend to be a little more subtle, stressing the firm’s longevity or stability, its successes and perhaps providing biographies of the firm’s principal members.

There are at least four national listing services for personal injury attorneys, and others for family law, criminal law and so forth. These listing services and much more can be readily found through all the major search engines.

All law firms are faced with the choice of developing a web page to represent their firm. Often this concept goes against the values of more traditional law firms. However the internet is a fast evolving place where information on almost all businesses can be readily found. Law firms will most certainly follow this trend in a bigger way in the future.

Well may times it have been seen that people don’t have enough fund to hire an aggressive criminal defense lawyer. That is why the public defender is there to protect you.

Paying for a private criminal attorney is no guarantee of superiority representation. Any body with a law degree can call himself a defense lawyer. In fact, many of those who didn’t get a job yet as a public defender do just that.

Public defenders are generally criminal defense experts. They practice criminal law each and every single day, and gain skill rapidly owing to heavy caseloads and an aggressive mentality. Additionally, to survive economically, most of the private attorneys have little choice but to allow any client that walks in the door. Thing is that the private attorney practices every types of cases starting from immigration law, criminal law and divorce law also. Attorneys who practice a little bit of everything are not particularly good in anything.

Public defender develops an intimate skill of the particular court where they practice, where a private attorney practices in many different courts. Public defenders generally stay in the same court every single day. They are familiar with the judges and they also know the prosecutors. So a public defender can help you more in crime cases as they know what exactly to say to a prosecutor to get a best deal.

Finally a public defender typically has wide-ranging trial experience. And that is quite natural; more cases lead to more trials. In case, if you are in Fort Lauderdale, should you go for a public defender or stay with private defense attorney? If you go with me then I will suggest you to hire a qualified and aggressive criminal defense lawyer to protect your rights. Almost every public defender is with over caseloads, so a private defender can give you maximum time for your case.

Admittedly, some private defenders in Fort Lauderdale are much less proficient than a standard Public Defender; but this is an exception, not the rule. It is in your choice to retain a Fort Lauderdale defense lawyer the moment possible after your arrest. And choose a best lawyer profile from 800 Fort Lauderdale lawyers directory. Contact him or her for an initial consultation.

Law is one of the most popular degree topics today and with very good reason. In the modern world, there are many types of law practice that are aired regularly. Criminal law is in more demand than ever, changes to laws in the last fifty years or so have made property lawyers in serious demand, divorce lawyers also get a lot of work put their way, and then of course there is the suing culture that we all live in is to blame for many of the liability and personal injury law firms that exist. With so many opportunities and many jobs going at any given point in time, then it is no wonder why a good percentage of students want to advance in the world of law. However, not all of them get the opportunity.

That should actually read that they did not get the opportunity before online education was invented. Law is an extremely popular subject and is offered by a high percentage of the online schools, colleges and universities out there at the moment. Even online colleges have a limited number of places every semester and there are usually very few to spare. Very few people drop out either, because it is so prestigious and an individual will need a law degree to make it into a firm after graduation. You should therefore make sure that you training is as much fun as possible because you will be stuck with it for a few years!

It is essential that you investigate all options before tying yourself to one specific online law course. The sheer range of courses online will be mind blowing and you will soon see distinct difference between the content and the structure of one course to another. No two courses are the same so it would be foolish to decide on one before vetting the rest.

However, it is not just course content that you should look at. In law, as I am sure you will realise if you want to go into the field, reputation is everything. It counts for far more than past results, and this applies to the place you studied at too. It will rarely make a difference if you trained online, but it will if you do not go to an accredited school and one with a reputation for turning out excellent law candidates.

Once you have looked at the reputation of online law schools then you will be able to narrow your list down, but not nearly enough to make a decision on that alone. It may be wise to look at who the different courses are aimed at because some specialize in a certain law, age group or social group. Some may only offer courses designed to give those with a knowledge of law already a boost so that their careers can advance, whereas others will take an individual with no knowledge of law and educate him or her to the highest level. You should make a shortlist of the ones that offer the kind of education that you need and compare that to the reputation list. This will leave you with a few potential schools and make it easier to decide from there. This whole process could take months of research and planning but it will be worth it for your career in the end so you should take the time and make the effort.

If you have made the decision to take law at an online university then you have made a big step forward, and one towards changing the rest of your life, and that can only be a good thing. You always reap what you sow and if you put in the effort to find the best possible school and course for you then good things will happen! Just remember that you have to put the effort in when doing to work online as well!

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Law is one of the most popular degree topics today and with very good reason. In the modern world, there are many types of law practice that are aired regularly. Criminal law is in more demand than ever, changes to laws in the last fifty years or so have made property lawyers in serious demand, divorce lawyers also get a lot of work put their way, and then of course there is the suing culture that we all live in is to blame for many of the liability and personal injury law firms that exist. With so many opportunities and many jobs going at any given point in time, then it is no wonder why a good percentage of students want to advance in the world of law. However, not all of them get the opportunity.

That should actually read that they did not get the opportunity before online education was invented. Law is an extremely popular subject and is offered by a high percentage of the online schools, colleges and universities out there at the moment. Even online colleges have a limited number of places every semester and there are usually very few to spare. Very few people drop out either, because it is so prestigious and an individual will need a law degree to make it into a firm after graduation. You should therefore make sure that you training is as much fun as possible because you will be stuck with it for a few years!

It is essential that you investigate all options before tying yourself to one specific online law course. The sheer range of courses online will be mind blowing and you will soon see distinct difference between the content and the structure of one course to another. No two courses are the same so it would be foolish to decide on one before vetting the rest.

However, it is not just course content that you should look at. In law, as I am sure you will realise if you want to go into the field, reputation is everything. It counts for far more than past results, and this applies to the place you studied at too. It will rarely make a difference if you trained online, but it will if you do not go to an accredited school and one with a reputation for turning out excellent law candidates.

Once you have looked at the reputation of online law schools then you will be able to narrow your list down, but not nearly enough to make a decision on that alone. It may be wise to look at who the different courses are aimed at because some specialize in a certain law, age group or social group. Some may only offer courses designed to give those with a knowledge of law already a boost so that their careers can advance, whereas others will take an individual with no knowledge of law and educate him or her to the highest level. You should make a shortlist of the ones that offer the kind of education that you need and compare that to the reputation list. This will leave you with a few potential schools and make it easier to decide from there. This whole process could take months of research and planning but it will be worth it for your career in the end so you should take the time and make the effort.

If you have made the decision to take law at an online university then you have made a big step forward, and one towards changing the rest of your life, and that can only be a good thing. You always reap what you sow and if you put in the effort to find the best possible school and course for you then good things will happen! Just remember that you have to put the effort in when doing to work online as well!

Incoming search terms: