30082883 indian information technology act

8/4/2019 30082883 INDIAN Information Technology Act

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Information Technology

Act

By-

Vinay kumar

(MBA)


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Introduction

IT Act 2000 was amended threw, Information

Technology Amendment Act 2008 which was

passed by the two houses of the Indian

Parliament on December 2008.

It got the Presidential assent on February 5,

2009 and was notified for effectiveness on

October 27, 2009.


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What IT Act stands for?

An Act to provide legal recognition fortransactions carried out by means ofelectronic data interchange and other means

of electronic communication. Which involve the use of alternatives to

paper-based methods of communication andstorage of information, to facilitate electronicfiling of documents with the Governmentagencies and further to amend them.


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IT Act 2000 features

Legal Recognition of Electronic Documents

Electronic contracts will be legally valid

Legal recognition of digital signatures

Digital signature to be effected by use ofasymmetric crypto system and hash function

Security procedure for electronic records and

digital signature Appointment of Certifying Authorities and

Controller of Certifying Authorities


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Continued

Certifying authorities to get License to issue

digital signature certificates

Various types of computer crimes defined and

stringent penalties provided under the Act

Appointment of Adjudicating Officer for

holding inquiries under the Act

Establishment of Cyber Appellate Tribunal

under the Act


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Continued

Appeal from order of Adjudicating Officer toCyber Appellate Tribunal and not to any CivilCourt

Appeal from order of Cyber Appellate Tribunal toHigh Court

Act to apply for offences or contraventionscommitted outside India

Constitution of Cyber Regulations AdvisoryCommittee who will advice the CentralGovernment and Controller


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Digital Signature

Digital signature is authentication of an

electronic record by a subscriber by means of

an electronic method or procedure.

electronic record is converted into a message

digest by using a mathematical function

known as hash function.


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ELECTRONIC GOVERNANCE

Legal recognition of electronic records [Sec.

41]

Legal recognition of digital signature [Sec. 51]

Use of electronic records and digitalsignatures in Government (Sec. 6)


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Continued

Retention of electronic records [Sec. 71]

Publication of rules, regulation, etc., inElectronic Gazette [Sec. 8]

Power to make rules by Central Governmentin respect of digital signature (Sec. 10)


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IT AMMENDMENT BILL,2008

Substitution of words digital signature by words

electronic signature.

Insertion of new section 3A- According to this section

a subscriber can authenticate the electronicsignature through electronic authenticationtechnique.

Sec 7(A)-Audit and other documents, maintained in

electronic form. Sec 10(A)-Validity of contracts formed through

electronic means.


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Continued

Substitution of new sections for sections 15 and 16- Anelectronic signature shall be deemed to be a secureelectronic signature .

Sec 40(A)- About the Duties of subscriber of Electronic

Signature Certificate. Sec 43(A)-Where a body corporate is negligent about the

security of the information which it owns, any wrong useof that information Corporate body is liable.

Substitution of new sections for sections 49 to 52-

Section 49 talks about the Composition of CyberAppellate Tribunal. The substituted section 50 talks aboutthe Qualifications for appointment as Chairperson andMembers of Cyber Appellate Tribunal.


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Continued

Sec 77- It mentions that Compensation, penalties or

confiscation not to interfere with other punishment.

Omission of sections 91, 92, 93 and 94 these foursections have been omitted in the Information

Technology (Amendments) Act 2008.


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AMENDMENTS

Amendment of section 1- Nothing in this Act shallapply to documents or transactions specified in theFirst Schedule: Provided that the CentralGovernment may.

Amendment of section 2- This amendment in the actspecifies that this Act is applicable to the othercommunication devices like cell phones, personaldigital assistance etc used to communicate .

Amendment of heading of Chapter II- Thisamendment talks about the digital signature and itsauthentication.


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Continued

Amendment of heading of Chapter II- Thisamendment talks about the digital signature and itsauthentication.

Amendment of section 12- The words agreed with

the addressee have been substituted with the wordstipulated shall be substituted.

Amendment of section 17- The words and AssistantControllers in sub-section (1), have been substituted

by the words , Assistant Controllers, other officersand employees.

Amendment of section 87- Few clauses have beensubstituted which deal with the electronic signatureand the authentication of the electronic signature.


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PUNISHMENT Punishment for sending offensive messages through

communication service according to the section 66A.

Any person who sends, by means of a computer

resource or a communication device,

a. any information that is grossly offensive or hasmenacing character;

b. any information which he knows to be false, but

for the purpose of causing annoyance,

inconvenience,

c. any electronic mail or electronic mail message for

the purpose of causing annoyance or inconvenience


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Continued Punishment for dishonestly receiving stolen

computer resource or communication device-according to section 66B.

Punishment for identity theft- According to section

66C whoever, fraudulently or dishonestly make useof the electronic signature, password etc.

Punishment for cyber terrorism- According to section66F(1).

Punishment for violation of privacy- According tosection 66E.

Punishment for publishing or transmitting ofmaterial containing sexually explicit act according to

section 67(A).


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CYBER CRIME

Cyber crime occupies a major position in theInformation Technology Act.

Any criminal activity that uses a computer either

as an instrumentality, target or a means forperpetuating further crimes comes within theambit of cyber crime.

Cyber crime includes financial crimes, sale of

illegal articles, pornography, online gambling,intellectual property crime, e-mail spoofing,forgery, cyber defamation.


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CYBER TERRORISM

The premeditated use of disruptive activities,

or the threat thereof, in cyber space, with the

intention to further social, ideological,

religious, political or similar objectives, or to

intimidate any person in furtherance of such

objectives.

Both cyber crime and cyber terrorism arecriminal acts.


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Continued..

A cyber crime is generally a domestic issue,

which may have international consequences,

however cyber terrorism is a global concern,

which has domestic as well as international

consequences.


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INTIATIVES & RECOMMENDATION

Mumbai Cyber lab is a joint initiative of

Mumbai police and NASSCOM.

Suggested amendments to the IT Act, 2000-

new prov

Stricter provisions for online offences required

as compared to offline modeisions for child

pornography, etc.


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CONTINUED.

More Public awareness campaigns

Training of police officers to effectively combat

cyber crimes

More Cyber crime police cells set up across

the country

Effective E-surveillance

Websites aid in creating awareness and

encouraging reporting of cyber crime cases.


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CONTINUED..

Specialized Training of forensic investigators

and experts

Active coordination between police and other

law enforcement agencies and authorities is

required.


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66 "Dishonesty" and "Fraudulent" intention

made necessary. Diminishing of the value of

information residing inside the computer.

Without permission of the owner of the

computer" has also become a condition

precedent to application of Section 66. The

only concern is , if the accused let on bail,there are chances tampering the evidence.

Key Changes


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66A This is a new section which provides cover forCyber stalking, Spam, threat mails, Phishing mails,SMS, etc. Though bailable, being a new provision, oneshould consider this section as leading to "Hardening

of the laws". 66B- This is a new section which makes receiving of

stolen information, computer or a mobile punishable.

66C- This is a new section which covers Identity theft

which was not specifically covered earlier. Earlier suchoffences were to be covered under Section 66 as"Diminishing of the value of information"


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66D This is a new section which covers Impersonationwhich was not specifically covered earlier.

66E This is a new section which covers VideoVoyeurism which was not covered at all earlier. The

section addresses "Capturing" of pictures which meansthat it may cover the non Cyber aspects and may be ofconcern to "Photographers" particularly those whocover fashion shows

66F This is a new section which covers "CyberTerrorism" and makes it punishable with imprisonmentupto life term


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67 The earlier section 67 covered obscenity of all kinds withan imprisonment of 5 years

Now the new section 67 has the imprisonment term of 3years which can be considered as a reduction inpunishment. It is compensated with Sections 67A and 67 B

67A This is a new section which covers obscenity whichinvolves "Sexually explicit content". The punishment is 5years as in the earlier act. Fine is higher

67B This is one section which qualifies as a section which

can be called very stringent. This addresses childpornography and makes searching and browsing also asoffences.


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67C This is a new section which requires specified data tobe retained for specified periods by Intermediaries failureof which becomes punishable with three yearsimprisonment. The "Intermediaries" here would includecyber cafes, ISPs, MSPs, e-auction sites etc

69 The section has been made very stringent with powersbeing made available to any officer designated by eitherthe Central or State Government to "Intercept" informationwhether in transit or storage. This section is also considerednecessary for national security reasons but is flagged for

potential for abuse requiring a "Netizen's Rights Protectionmechanism" to ensure that it is not considered "Draconian"in the days to come


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69A This section is a new section which providespowers to a designated officer of the CentralGovernment to "Block websites". Again necessary fornational security but flagged for potential abuse

69B This section is a new section which providespowers to a designated officer of the CentralGovernment to "collect traffic data" from anycomputer resource

72A This is a new section which provides forimprisonment of three years in cases relating to databreach.


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