bl - cyber laws
TRANSCRIPT
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Cyber Laws
Monish R Chhabria 0911151
Naveen Prabhu 0911152Prabhu V R 0911153
Prateek Kedia - 0911154
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History of IT Act:
The Dept of Electronics (DoE) draftedthe Bill in July 1998.
It was then introduced in the Houseon December 16, 1999 when the ITMinistry was formed.
The bill then went throughsubstantial changes due to the WTOobligations
Both houses then approved the billb Ma 17 2000 and received
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IT Act, 2000
It is the Act that provides recognition fortransactions carried out by the means ofelectronic data interchange and other
means of electronic communication,commonly referred to as electroniccommerce, which involve the use ofalternatives to paper based methods of
communication and storage of informationto facilitate electronic filing of documentswith the Government agencies.
It is also called Cyber Law.
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Objectives of IT Act
To provide legal recognition fortransactions:-
Carried out by means of electronicdata interchange,
Other means of electronic
communication, commonly referredto as "electronic commerce",involving the use of alternatives topaper-based methods of
communication and storage of
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Objectives: (Cont.d)
To facilitate electronic filing ofdocuments with the Governmentagencies
To amend the Indian Penal Code, theIndian Evidence Act, 1872, theBanker's Book Evidence Act, 1891
and the Reserve Bank of India Act,1934
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Extent of application
Extends to whole of India and also applies to anyoffence or contravention there under committedoutside India by any person {section 1 (2)} readwith Section 75- Act applies to offence orcontravention committed outside India by any
person irrespective of his nationality, if such actinvolves a computer, computer system or networklocated in India
Section 2 (1) (a) Access means gaining entryinto ,instructing or communicating with the logical,arithmetic or memory function resources of acomputer, computer resource or network
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Act is in applicable to(Scope)
(a) a negotiable instrument (Other
than a cheque) as defined in section
13 of the Negotiable Instruments Act,
1881;
(b) a power-of-attorney as defined in
section 1A of the Powers-of-Attorney
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Scope (Cont.d)
(d) a will as defined in clause (h) of section 2
of the Indian Succession Act, 1925 including
any other testamentary disposition
(e) any contract for the sale or conveyance of
immovable property or any interest in such
property;
(f) any such class of documents or
transactions as may be notified by the Central
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Salient Features of the Act:
The Act extends to the whole of Indiaand also applies to any offences orcontraventions there under
committed outside India.The Act provides to the Corporate
sector by making e-mails will valid
and legal form of communicationthat can be duly presented andapproved in court of law
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Salient Features of the Act:(Cont.d)
The Act aids the companies to carryout e-commerce
Corporate will not be able to usedigital signatures to carry out theirtransactions
The Act allows the entry of Corporatesector in the by certifying Authoritiesfor issuing Digital SignatureCertificates
The Act enables com anies le all to
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Salient Features of the Act:(Cont.d)
The Act addresses the importantissues of security which are socritical to the success of electronic
transactions etc.The Act has defined various cyber
crimes and has declared them penal
offences punishable withimprisonment and fine, which is a bigrelief for corporates.
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Advantages of Cyber Laws
E-mails are now valid and legal formof communication in our country thatcan be duly produced and approved
by the court Companies can carry out e-
commerce by using the legal
infrastructure provided by the Act. Digital Signatures have been given
legal validity and sanction in the Act.
IT Act also addresses the securit
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Advantages of Cyber Laws:(Cont.d)
Allows the Govt. to issue notificationson the web thus heralding e-governance
Under the IT Act, it is now possiblefor corporate sector to have statutoryremedy in case if anyone breaks into
their computer systems or networkand causes damges or copies ofData. The remedy provided under the
cat in the form of Monetary
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Digital Signatures
Means authentication of anyelectronic record by subscriber bymeans of an electronic method of
procedure in accordance toprovisions of Section 3 of IT Act,2000.
The authentication to be affected byuse of asymmetric crypto system andhash function
The private key and the public key
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Essential steps of the digital signature
process STEP 1 The signatory is the authorized holder a unique cryptographic key pair;
STEP 2 The signatory prepares a data message (for example, in the form of anelectronic mail message) on a computer;
STEP 3 The signatory prepares a message digest, using a secure hash algorithm.
Digital signature creation uses a hash result derived from and unique to the signedmessage;
STEP 4 The signatory encrypts the message digest with the private key. The privatekey is applied to the message digest text using a mathematical algorithm. The digitalsignature consists of the encrypted message digest,
STEP 5 The signatory typically attaches or appends its digital signature to themessage;
STEP 6 The signatory sends the digital signature and the (unencrypted or encrypted)message to the relying party electronically;
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Essential steps of the digital signatureprocess
STEP 7 The relying party uses the signatorys public key to verify the signatorysdigital signature. Verification using the signatorys public key provides a level oftechnical assurance that the message came exclusively from the signatory;
STEP 8 The relying party also creates a message digest of the message, using thesame secure hash algorithm;
STEP 9 The relying party compares the two message digests. If they are the same,then the relying party knows that the message has not been altered after it was signed.Even if one bit in the message has been altered after the message has been digitallysigned, the message digest created by the relying party will be different from themessage digest created by the signatory;
STEP 10 Where the certification process is resorted to, the relying party obtains a
certificate from the certification service provider (including through the signatory orotherwise), which confirms the digital signature on the signatorys message. Thecertificate contains the public key and name of the signatory (and possibly additionalinformation), digitally signed by the certification service provider.
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Digital Signature Certificate:
Any person may make an applicationto the Certifying Authority for issue ofDigital Signature Certificate. The
Certifying Authority while issuingsuch certificate shall certify that ithas complied with the provisions of
the Act.The Certifying Authority has to
ensure that the subscriber (i.e., a
person in whose name the Digital
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Acknowledgement ofReceipt
If Originator has not specifiedparticular method-
Any communication automated orotherwise or conduct to indicate thereceipt If specified that the receipt isnecessary
Then unless acknowledgement hasbeen received Electronic Record shallbe deemed to have been never sent
Where acknowled ement is not
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Dispatch of Electronicrecord
Unless otherwise agreed dispatchoccurs when ER enters resourceoutside the control of originator
If addressee has a designatedcomputer resource , receipt occurs attime ER enters the designated
computer, if electronic record is sentto a computer resource of addresseethat is not designated , receipt
occurs when ER is retrieved by
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Authentication of Records
Any subscriber may authenticate anelectronic record Authentication byaffixing his digital signature. Any
person by the use of a public key ofthe subscriber can verify theelectronic record.
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Section 4- Legal recognition ofElectronic Records
If any information is required inprinted or written form under any lawthe Information provided in electronic
form, which is accessible so as to beusable for subsequent use, shall bedeemed to satisfy the requirement of
presenting the document in writingor printed form.
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Sections 5, 6 & 7
Legal recognition of Digital Signatures
Use of Electronic Records in Government & ItsAgencies
Publications of rules and regulations in the
Electronic Gazette.
Retention of Electronic Records
Accessibility of information, same format,particulars of dispatch, origin, destination, timestamp ,etc