cyber law final (2)

7/30/2019 Cyber Law Final (2)

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SUBMITTED BY :

TAMANNA ARORA 17

AMANDEEP KAUR 63


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Cyber Law is the law governing cyber space.

Cyber space is a very wide term and includes computers,networks, software, data storage devices (such as hard disks,

USB disks etc.), the Internet, websites, emails and evenelectronic devices such as cell phones, ATM machines etc.


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The General Assembly of UNO recognizing the need of a

separate law for Ecommerce and E business , resolved on 30-01-1997 to adopt a model law on electronic commerceframed by United Nations commission on international tradelaw.

The Government of India Keeping in view the above fact gotenacted by Parliament the Information Technology ACT2000.


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To bring in uniformity in the law

applicable to paperless methods

of communication and storage of

information prevalent in India on

the pattern of the international

law

To promote efficient delivery of

Government services by means

of reliable electronic records


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Has come into effect from 17th October 2000

The act does not apply to the following

A negotiable instrument as per NI Act1881

A power-of-attorney as per POA Act 1882

A trust deed

A will .

Any contract for sale or conveyance of immovable property orany interest in such property.

Any such class of documents or transactions as may be notified

by the central govt. in the official gazette.


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1. Cyber Crimes

2. Electronic and Digital Signatures

3. Intellectual Property4. Data Protection and Privacy


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Cyber crime is the latest andperhaps the most complicatedproblem in the cyber world.

Cyber crime may be said to bethose species, of which, genus isthe conventional crime, and whereeither the computer is an object orsubject of the conduct constitutingcrime.

Cyber crimes are unlawful actswhere computer is used either as atool; or a target; or both.


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1. Cybercrimes againstpersons.

2. Cybercrimes againstproperty.

3. Cybercrimes againstgovernment.


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It include various crimes liketransmission of child-pornography, harassment ofany one with the use of a

computer such as e-mail.

The trafficking, distribution,posting, and dissemination ofobscene material including

pornography and indecentexposure, is one of the mostimportant Cybercrimes knowntoday.


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These crimes include:

Computer vandalism (destruction ofothers' property);

Transmission of harmful programmes;

Stealing knowledge of funds fromfinancial institutions;

Stealing secret information & data.


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Cyberterrorism is one distinct kind of crime inthis category.

The medium of Cyberspace is used by individualsand groups to threaten the internationalgovernments as also to terrorise the citizens of acountry.

This crime manifests itself into terrorism when anindividual "cracks" into a government or militarymaintained website.


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Against a Person:1. Impersonation

2. Loss of Privacy etc.

Against Property:

1. Unauthorized Computer trespassing

through Cyberspace

2. Harmful program transfer

3. e-cash

4.money laundering

5. Copy Right etc.

Cyber Law 13


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Against Government:

1. Hacking

2. NASA Website hacking

3. Cyber Terrorism

4. Computer Viruses

5. Counterfeiting currency

& industrial Espionage etc.

Cyber Law 14


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Electronic Signatures are used to authenticate electronicrecords.

Digital Signatures are one type of electronic signatures.

Digital Signatures satisfy three major legal requirements:

Signer authentication;

Message authentication; and Message integrity.

The technology and efficiency of digital signatures makesthem more trustworthy than hand written signatures.


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Intellectual property refers to

creations of the human mind

e.g. a story, a song, a painting,

a design etc.

The facets ofintellectual

property that relate to cyberspace are covered by Cyber

law.


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These include:1.Copyright law: Relating to computer software, source

code, websites, cell phone content etc.

Software and source code licences.2.Trademark lawwith relation to domain names, meta tags,

mirroring, framing, linking etc.

3.Semiconductor lawwhich relates to the protection of

semiconductor integrated circuits design and layouts.4.Patent lawin relation to computer hardware and software.


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Data Protection and Privacy Laws aim to achieve a fairbalance between the privacy rights of the individual and theinterests of data controllers such as banks, hospitals, emailservice providers etc.

These laws seek to address the challenges to privacy causedby collecting, storing and transmitting data using newtechnologies.


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Cyberspace is an intangible dimension that isimpossible to govern and regulate using conventionallaw.

Cyberspace has complete disrespect for JurisdictionalBoundaries.

Cyberspace handles gigantic traffic volumes every

second.

Cyberspace is open to participation by all.


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Cyberspace offers enormous potential for anonymity to

its members.

Cyberspace offers never-seen-before economic efficiency.

Electronic information has become the main object ofcyber crime.

Here the original information, so to say, remains in the

possession of the owner and yet information gets

stolen.


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The primary source of cyber law in India is theInformation Technology Act , 2000 (IT Act)which came into force on 17 October 2000.

The primary purpose of the Act is to providelegal recognition to electronic commerceand to facilitate filing of electronic records

with the Government. Information Technology Act 2000 consisted of

94 sections segregated into 13 chapters.

Four schedules form part of the Act.


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The Information Technology Amendment Act,2008 (IT Act 2008) has been passed by theparliament on 23rd December 2008.

It received the assent of President of India on5th February, 2009.

The IT Act 2008 has been notified on October27, 2009.


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ITA 2008, as the newversion of Information

Technology Act 2000 isoften referred, hasprovided additional focuson Information Security.

It has added several newsections on offencesincluding Cyber Terrorismand Data Protection.


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In the 2008 version of the Act, there are 124sections (excluding 5 sections that have been

omitted from the earlier version) and 14chapters.

Schedule I and II have been replaced.

Schedules III and IV are deleted.


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The term digital signature has beenreplaced with electronic signature to make

the Act more technology neutral.

A new section 10A has been inserted to the

effect that contracts concluded electronicallyshall not be deemed to be unenforceablesolely on the ground that electronic form ormeans was used.


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Section 43 :If any person without permission of the owner or any other person

who in charge of the computer system or network :

a) ACCESS OR SECUER the access to such computer

b) DOWNLOAD, COPIES, or EXTRACTS any data from such

computer

c) Introduces causes to be introduced any computer

contaminate or COMPUTER VIRUS into any computer

d) DAMAGES any computer network

e) DISRUPTS or CAUSES DISRUPTION of any computer

systemf) DENIAL or CAUSES DENIAL of access to any person

authorized to access any computer system or network

g) CONTRAVENTION (break) or violates

h) CHANGES ACCOUNT SETTINGS

A ti 43A h b


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A new section 43A has been

inserted to protect sensitive

personal data or informationdealt, possessed, or handled by a

body corporate.


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Whoever knowingly or intentionally conceals,

destroys or alter or intentionally or knowingly

causes another to conceal, destroy or alter any

computer source code used for a computernetwork, when the computer source code is

required to be kept or maintained by law for the

time being in force, shall be punishable with

imprisonment up to three years, or with finewhich may extend up to two lakh rupees, or with

both


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Hacking with Computer System(1) Information residing in a computer resourcesmust be either:

Destroyed

Deleted Altered

Diminished in value or utility

Affected Injuriously

Punishment:

3 yrs. Or Fine up to 2 lac for hacking.

The offences are tribal by any magistrate.


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New sections 66A to 66F prescribepunishment for offenses such as

obscene electronic messagetransmissions, identity theft,cheating by impersonation usingcomputer resource, violation ofprivacy & cyber terrorism.


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Section 67 of the old Act is amended

to reduce term of imprisonment for publishingor transmitting obscene material in electronicform to 3 years from 5 years and increase thefine thereof from Rs.100,000 to Rs. 500,000.

Sections 67 A and B insert penalprovisions in respect of offenses ofpublishing/ transmitting of materialcontaining sexually explicit act and childpornography in electronic form.


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Deals with the Interception, monitoring ordecryption of any information in the

interest of the sovereignty, integrity,Security or defense of India, friendlyrelations with the with foreign states etc.

Punishment:

2 lakh and /or jail not extending 5 yrs.


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Sections 69 A and B, grant powerto the state to direct blocking forpublic access of any information

through any computer resourceand to authorize to monitor andcollect traffic data or

information through anycomputer resource for cybersecurity.


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Section 72: Violation of the privacy policy---Fineup to 5 lakh jail not extending 2 yrs.

Section 502A: Publishing, Transmitting images ofthe private area of a person without his or her consent---2yrs./2 lakh.

Section 419A: Cheating by any communicationdevice or computer resource --- 5yrs.

Section 417A: Identity Theft--- 2yrs.


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Section 79of the old Act which exempted

intermediaries has been modified to theeffect that an intermediary shall not be liablefor any 3rd party information data orcommunication link made available orhosted by him, subject to certain conditions.

A provison has been added to Section 81

which states that the provisions of the Actshall have overriding effect.


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Cyber Appellate Tribunal has been establishedunder the Information Technology Act under the

aegis of Controller of Certifying Authorities(C.C.A.). The first and the only Cyber AppellateTribunal in the country have been established bythe Central Government in accordance with the

provisions contained under Section 48(1) of theInformation Technology Act, 2000. The Tribunalinitially known as the Cyber RegulationsAppellate Tribunal (C.R.A.T.), started functioning

from October 2006


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1) The Central Government shall, bynotification, establish one or more tribunals tobe known as the Cyber Regulations Appellate

Tribunal.

(2) The Central Government shall also specify,

in the notification referred to in sub-section(1), the matters and places in relation towhich the Cyber Appellate Tribunal mayexercise jurisdiction.


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A Cyber Appellate Tribunal shall consist of one

person only (here in after referred to as the

Residing Officer of the Cyber AppellateTribunal) to be appointed, by notification, bythe Central Government.


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Person shall not be qualified for appointmentas the Presiding Officer of a Cyber

Appellate Tribunal unless he(a) is, or has been. or is qualified to be, a Judge

of a High Court; or

(b) is or has been a member of the Indian LegalService and is holding or hasheld a post inGrade I of that Service for at least three years.


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The Presiding Officer of a Cyber AppellateTribunal shall hold office for a term of five

years from the date on which he enters uponhis office or until he attains the age of sixty-five years, whichever is earlier.


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The salary and allowances payable to, and the

other terms and conditions of service including

pension, gratuity and other retirement benefits ofthe Presiding Officer of a Cyber Appellate

Tribunal shall be such as may be prescribed:

Provided that neither the salary and allowances

nor the other terms and conditions of service of

the Presiding Officer shall be varied to his

disadvantage after.

Salary, allowances and other terms andconditions of service of Presiding


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If, for reason other than temporary absence,any vacancy occurs in the office n

thePresiding Officer of a Cyber AppellateTribunal, then the Central Government shallappoint another person in accordance withthe provisions of this Act to fill the vacancy .


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(1) The Presiding Officer of a Cyber AppellateTribunal may, by notice in writing under hishand addressed to the Central Government,

resign his office

(2) The Central Government may, by rules,

regulate the procedure for the investigation ofmisbehaviour or incapacity of the aforesaidPresiding Officer.


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(1) The Central Government shall provide theCyber Appellate Tribunal with such officersand employees as that Government may

think fit(2) The officers and employees of the Cyber

Appellate Tribunal shall discharge their

functions under general superintendence ofthe Presiding Officer.

(3) The salaries, allowances and other conditionof service of the officers and employees.


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The Cyber Appellate Tribunal shall not bebound by the procedure laid down by theCode of civil Procedure, 1908 but shall beguided by the principles of natural justice.


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The same powers as are vested in a civil courtunder the Code of Civil Procedure, 1908,while trying a suit, in respect of the followingmatters, namely:

(a) summoning and enforcing the attendanceof any person and examining him on oath;

(b) requiring the discovery and production ofdocuments or other electronic records;

(c) receiving evidence on affidavits;


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(d) issuing commissions for the examinationof witnesses or documents;

(e) reviewing its decisions;(f) dismissing an application for default ordeciding it ex pane;(g) any other matter which may beprescribed.


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Any person aggrieved by any decision ororder of the Cyber Appellate Tribunal may filean appeal to the High Court within sixty days

from the date of communication of thedecision or order of the Cyber AppellateTribunal to him on any question of fact or lawarising out of such order.


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cyber law final (2)

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