“Overview of a Computer, Computer Network and Internet”

“Overview of a Computer, Computer Network and Internet”

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1. Introduction

In the modern digital era, computers, computer networks, and the Internet play a central role in almost every field — business, government, law, education, and communication.
For understanding cyber laws and the Information Technology Act, 2000, it is essential to first understand the basic concepts of computer technology and networking, because most cybercrimes and electronic transactions occur in this environment.

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2. Overview of a Computer

Definition

A computer is an electronic device that receives data as input, processes it according to instructions (software), and produces output in a meaningful form.
In simple words, a computer is a data processing machine capable of performing arithmetic and logical operations automatically.

Basic Functions of a Computer

1. Input: Taking data or instructions (e.g., through keyboard or mouse).
2. Processing: Performing operations using the Central Processing Unit (CPU).
3. Output: Displaying or printing the results.
4. Storage: Saving data permanently (in hard disk) or temporarily (in RAM).

Components of a Computer

A computer system mainly consists of two parts:

(a) Hardware:
The physical components that can be seen or touched, such as CPU, monitor, keyboard, mouse, printer, and hard disk.

(b) Software:
The set of programs and instructions that tell the computer what to do. Software can be of two types:

• System Software: e.g., Windows, Linux
• Application Software: e.g., MS Word, Photoshop

Importance in Cyber Law

• Computers are the main medium for cybercrimes, such as hacking, data theft, and phishing.
• The Information Technology Act, 2000 defines “computer” under Section 2(i) as any electronic, magnetic, optical, or similar device for processing or storage of data.
• Legal understanding of computer systems is necessary for determining liability and evidence in cyber cases.

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3. Computer Network

Definition

A computer network is a group of two or more computers connected together to share data, resources, and communication.
The connection may be through wires (LAN cables) or wireless (Wi-Fi, Bluetooth) systems.

Components of a Computer Network

1. Nodes: The devices (computers, printers, etc.) connected in the network.
2. Server: The central computer that manages and provides services to other computers.
3. Client: The computers that receive services or information from the server.
4. Transmission Media: The physical path for data transfer (like cables, radio waves).
5. Network Interface Card (NIC): Connects each device to the network.

Types of Computer Networks

1. LAN (Local Area Network): Limited to a small area such as an office or building.
2. MAN (Metropolitan Area Network): Covers a city or large campus.
3. WAN (Wide Area Network): Covers a large geographical area; the Internet is the largest WAN.
4. PAN (Personal Area Network): Used for connecting devices like phones, laptops, and tablets over a short range.

Importance in Cyber Law

• Cybercrimes often occur through computer networks (like hacking or denial-of-service attacks).
• Section 2(j) of the IT Act defines a “computer network” as an interconnection of computers using communication devices.
• Understanding how data travels in networks helps in investigating cyber offences and determining jurisdiction.

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4. The Internet

Definition

The Internet is a global network of interconnected computer networks that communicate using a common protocol known as TCP/IP (Transmission Control Protocol/Internet Protocol).
It enables worldwide communication, data sharing, and online transactions.

Functions and Features of the Internet

1. Communication: Through e-mails, social media, and video calls.
2. Information Access: Provides vast information through websites and search engines.
3. E-Commerce: Enables online business, shopping, and banking.
4. E-Governance: Government services and citizen interaction through digital platforms.
5. Cloud Computing: Storage and access to data over the Internet rather than physical devices.

Legal Relevance of the Internet

• The Internet provides the platform for most electronic records and transactions recognized under the IT Act.
• It also facilitates cyber offences, such as identity theft, defamation, and cyber terrorism.
• The jurisdictional issues in cyber law often arise due to the borderless nature of the Internet.

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5. Relationship between Computer, Network, and Internet

Aspect	Computer	Computer Network	Internet
Definition	A single data processing device	A group of connected computers	A global system of interconnected networks
Scope	Limited to one device	Limited to an organization or region	Worldwide
Function	Processing data	Sharing resources and data	Global communication and information access
Legal Relevance	Defined under Sec. 2(i) of IT Act	Defined under Sec. 2(j) of IT Act	Covered under various provisions related to cyber offences and jurisdiction

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6. Case Laws Related to Computer and Internet Misuse

1. State of Tamil Nadu v. Suhas Katti (2004)

Facts: The accused posted obscene messages about a woman on a Yahoo message group.
Judgment: Convicted under Sections 67 and 67A of the IT Act for publishing obscene material electronically.
Relevance: Demonstrates misuse of computer networks and the Internet for criminal activity.

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2. R v. Sheppard (United Kingdom, 2010)

Facts: The accused uploaded racist materials on a U.S. website which was accessible in the U.K.
Judgment: The court held that even though the server was outside the country, the offence was committed within U.K. jurisdiction.
Relevance: Important for understanding international jurisdiction in Internet-related offences.

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3. Shreya Singhal v. Union of India (2015)

Facts: The petition challenged Section 66A of the IT Act for restricting online speech.
Judgment: The Supreme Court struck down Section 66A for violating freedom of expression.
Relevance: Protected freedom of speech on the Internet while balancing cyber law enforcement.

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7. Importance for Legal Studies

1. Foundation for Cyber Law: Understanding how computers and networks operate helps in interpreting IT Act provisions.
2. Evidentiary Value: Knowledge of digital systems aids in handling electronic evidence in court.
3. Jurisdictional Clarity: Helps determine where an offence occurred in cyberspace.
4. Policy Making: Enables legal professionals to understand the technological side of law enforcement.

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8. Conclusion

Computers, networks, and the Internet form the technological foundation of the digital era.
For legal professionals, understanding these systems is crucial because almost every modern legal issue—from online contracts to cybercrimes—depends on them.

The Information Technology Act, 2000 defines and regulates the use of these technologies, ensuring that the digital world operates within the framework of law and justice 

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1. State of Tamil Nadu v. Suhas Katti (2004)

Facts of the Case:

The accused, Suhas Katti, posted obscene, defamatory, and annoying messages about a divorced woman in a Yahoo message group. He also shared her personal contact details, leading to harassment from unknown people online.

Legal Issues:

Whether the accused’s acts of posting obscene and defamatory material through a computer network and the Internet constituted an offence under the Information Technology Act, 2000.

Provisions Involved:

• Section 67 – Publishing or transmitting obscene material in electronic form.
• Section 67A – Material containing sexually explicit acts.
• Section 509 of the IPC – Word, gesture, or act intended to insult the modesty of a woman.

Judgment:

The Cyber Crime Cell, Chennai, investigated the case. The accused was found guilty under the above sections and sentenced to two years of imprisonment and a fine of Rs. 4,000.

Court’s Observation:

• The act of publishing obscene material online violates Section 67 of the IT Act.
• Even though the message was posted on an international platform (Yahoo group), Indian courts had jurisdiction as the offence affected an Indian citizen.

Legal Importance:

• This was the first conviction under the IT Act, 2000 in India.
• It set a precedent for punishing cyber defamation and harassment through computer networks and the Internet.

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2. Shreya Singhal v. Union of India (2015)

Facts of the Case:

Two women were arrested for posting comments on Facebook criticizing the shutdown of Mumbai after a political leader’s death. The arrest was made under Section 66A of the IT Act, 2000, which punished sending “offensive” or “annoying” messages electronically.

Legal Issue:

Whether Section 66A of the IT Act violated the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.

Judgment:

The Supreme Court struck down Section 66A as unconstitutional, holding that the section was vague and violated Article 19(1)(a).

Court’s Observation:

• Terms like “annoying,” “offensive,” and “menacing” were too broad and subjective.
• The section gave uncontrolled powers to police, leading to misuse.
• Reasonable restrictions under Article 19(2) did not justify such vague provisions.

Legal Importance:

• The case established the right to free speech on the Internet.
• It ensured that cyber laws must balance individual freedom with regulation.
• It is a landmark case linking Internet usage and constitutional rights.

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3. Anvar P.V. v. P.K. Basheer (2014)

Facts of the Case:

An election petition was filed in which the petitioner relied on electronic records such as CDs containing songs and speeches to prove the case. The question arose whether such electronic evidence was admissible in court without a proper certificate.

Legal Issue:

Whether electronic records can be admitted as evidence without fulfilling the requirements of Section 65B of the Indian Evidence Act, 1872, which relates to electronic records.

Judgment:

The Supreme Court held that electronic evidence is admissible only if accompanied by a certificate under Section 65B(4) of the Evidence Act.

Court’s Observation:

• Electronic records can be easily altered or tampered with.
• Therefore, strict compliance with Section 65B is mandatory to ensure authenticity.

Legal Importance:

• Strengthened the evidentiary rules for computer-generated documents.
• Ensured that courts treat computer and Internet data with caution.
• Connected cyber evidence directly with the provisions of the IT Act.

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4. Syed Asifuddin and Others v. State of Andhra Pradesh (2005)

Facts of the Case:

The accused tampered with the Electronic Serial Number (ESN) and Mobile Identification Number (MIN) of cell phones to enable illegal connections without paying charges to the service provider (BSNL).

Legal Issue:

Whether tampering with mobile identification codes constituted “hacking” under Section 66 of the IT Act.

Judgment:

The Andhra Pradesh High Court held that unauthorized access and modification of a computer system or device amounts to hacking under Section 66 of the IT Act.

Legal Importance:

• Recognized that mobile phones also come under the definition of a computer or communication device under the IT Act.
• Extended the scope of cyber offences to include telecommunication networks.

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5. R v. Sheppard (United Kingdom, 2010)

Facts of the Case:

The accused uploaded racist and hateful material against Jews on a website hosted in the United States, but the content was accessible in the United Kingdom.

Legal Issue:

Whether uploading offensive material from one country but making it accessible in another gives jurisdiction to the courts of the country where it is accessed.

Judgment:

The UK Court held that since the offensive material was accessible in the UK, the offence was committed within its jurisdiction.

Legal Importance:

• Established the principle of cross-border jurisdiction in cyber offences.
• Showed that Internet crimes can be tried where their effect is felt, not only where the act was done.

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6. Avnish Bajaj v. State (Bazee.com Case, 2005)

Facts of the Case:

A pornographic MMS clip involving minors was sold on the online platform Bazee.com (now eBay India). Avnish Bajaj, the Managing Director of the website, was arrested under Sections 67 and 85 of the IT Act and Section 292 of the IPC.

Legal Issue:

Whether the director of a company can be held liable for an obscene transaction carried out by a user on the company’s online platform.

Judgment:

The Delhi High Court held that the Managing Director cannot be automatically held responsible unless there is proof that he had knowledge and control over the transaction.

Legal Importance:

• Clarified the concept of intermediary liability under the IT Act.
• Led to further amendments in 2008 introducing Section 79, which protects intermediaries if they exercise due diligence.

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7. Summary Table of Key Cases

Case Name	Year	Legal Issue	Principle Established
State of Tamil Nadu v. Suhas Katti	2004	Cyber defamation	First conviction under IT Act
Shreya Singhal v. Union of India	2015	Freedom of speech online	Section 66A unconstitutional
Anvar P.V. v. P.K. Basheer	2014	Admissibility of electronic evidence	Section 65B certificate mandatory
Syed Asifuddin v. State of A.P.	2005	Tampering with phone data	Mobile = computer under IT Act
R v. Sheppard (UK)	2010	Cross-border jurisdiction	Jurisdiction based on accessibility
Avnish Bajaj v. State	2005	Intermediary liability	Website directors need proof of control

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8. Conclusion

These cases collectively show how Indian and foreign courts interpret the laws concerning computers, networks, and the Internet.
They highlight three important legal principles:

1. Accountability in cyberspace — even online actions have legal consequences.
2. Freedom and responsibility — the Internet is free but not lawless.
3. Technological neutrality — laws apply equally to physical and digital systems.

Understanding these cases is essential for every law student, as they connect the practical working of computers and networks with the theoretical foundation of cyber law under the Information Technology Act, 2000.

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