Download - Information Technology Act,2000
-
7/29/2019 Information Technology Act,2000
1/24
Information Technology
Act,2000
-
7/29/2019 Information Technology Act,2000
2/24
Birth of Cyber Laws
The United Nations General Assembly have adoptedthe Model Lawon Electronic Commerce on 30th January1997.
It is referred to as the UNCITRAL Model Lawon E-
Commerce. Enacted on 17th May 2000-India is 12th nation in the
world to adopt cyber laws.
India passed the Information Technology Act, 2000 on
17
th
October, 2000. Amended on 27th October 2009. Amended Act is
known as-The Information Technology (amendment)Act, 2008.
-
7/29/2019 Information Technology Act,2000
3/24
THE IT ACT, 2000 OBJECTIVES
To provide legal recognition for transactions:
Carried out by means of electronic data interchange,
Other means of electronic communication, commonly
referred to as "electronic commerce", involving the useof alternatives to paper-based methods ofcommunication and storage of information,
To facilitate electronic filing of documents with the
Government agencies To amend the Indian Penal Code, the Indian Evidence
Act, 1872, the Banker's Book Evidence Act, 1891 andthe Reserve Bank of India Act, 1934.
-
7/29/2019 Information Technology Act,2000
4/24
Act is not applicable to
(a) a negotiable instrument (Other than a cheque) as definedin section 13 of the Negotiable Instruments Act,1881;
(b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;
(c) A trust as defined in section 3 of the Indian Trusts Act,1882;
(d) A will as defined in clause (h) of section 2 of the IndianSuccession Act, 1925 including any other testamentarydisposition
(e) Any contract for the sale or conveyance of immovableproperty or any interest in such property;
(f) Any such class of documents or transactions as may benotified by the Central Government.
-
7/29/2019 Information Technology Act,2000
5/24
Terms under IT ACT 2000
"Adjudicating officer
"Digital signature
"Affixing digital signature;
"Appropriate Government"Certifying Authority
"Cyber Appellate Tribunal
"Electronic form
"Secure system
"Electronic Gazette
-
7/29/2019 Information Technology Act,2000
6/24
Impact on banking Sector
Pressure from competition and regulatoryenvironment.
Threat of Competition and Retaining CustomerBase.
IT used for Communication, Connectivity andBusiness Process Re-engineering.
Improve efficiency of money, capital and foreignexchange markets.
Lead to convergence of computer andcommunication technology to enable TBA.
-
7/29/2019 Information Technology Act,2000
7/24
Cyber Law : Indian Culture And
Governments Role Need of Cyber Crime Law:
Cyber space is an intangible and provides an extreme mobility Events taking place on the internet are not happening in the locations where
participants or servers are physically located, but cyber space".
Cyber space offers great economic efficiency.
Billions of dollars worth of software can be traded over the Internet withoutthe need for any government licenses, shipping and handling charges andwithout paying any customs duty.
Cyber space has Complete disrespect for national boundaries. A person in India could break into a banks electronic vault hosted on a
computer in USA and transfer millions of Rupees to another bank inSwitzerland, all with in minutes. All he would need is a laptop computer and a
cell phone. Cyber space is absolutely open to participation by all.
A ten year-old to an eighty year-old grand mother without any regard for thedistance or the anonymity between them.
-
7/29/2019 Information Technology Act,2000
8/24
TYPES OF CYBER CRIMES
Cyber terrorism
Cyber pornography
Defamation
Cyber stalking(section 509 IPC)
Sale of illegal articles-narcotics, weapons ,wildlifOnline gambling
Intellectual Property crimes-software piracy, copyright infringement,trademarks violations, theft of computer source code
Email spoofing
ForgeryPhishing
Credit card frauds
-
7/29/2019 Information Technology Act,2000
9/24
CYBER CRIMES : CLASSIFICATION
Against Individuals: i. Harassment via e-mails.
ii. Cyber-stalking.
iii. Dissemination of obscene material.
iv. Defamation. v. Unauthorizedcontrol/access over computer system.
vi. Indecent exposure
vii. Email spoofing
viii. Cheating & Fraud
Against Individual Property :- i. Computer vandalism.
ii. Transmitting virus.
iii. Netrespass
iv. Unauthorized control/access overcomputer system.
v. Intellectual Property crimes
vi. Internet time thefts
Against Organization(Government/PvtFirm/Company):-
i. Unauthorized control/access overcomputer system
ii. Possession of unauthorizedinformation.
iii. Cyber terrorism against the
government organization. iv. Distribution of pirated software etc.
Against Society at large:- i. Pornography(basically child
pornography).
ii. Polluting the youth through indecent
exposure. Iii. Trafficking
iv. Financial crimes
v. Sale of illegal articles
vi. Online gambling
vii. Forgery
-
7/29/2019 Information Technology Act,2000
10/24
CYBER CRIME CASES REGISTERED & PERSON
ARRESTED UNDER IT ACT (2006-2009)
-
7/29/2019 Information Technology Act,2000
11/24
Cyber crime provisions under IT Act, 2000
Tampering with Computer source documents Sec.65
Hacking with Computer systems, Data alteration Sec.66
Publishing obscene information Sec.67
Un-authorized access to protected system Sec.70
Breach of Confidentiality and Privacy Sec.72
Publishing false digital signature certificates Sec.73
-
7/29/2019 Information Technology Act,2000
12/24
Amendment of IT Act 2000
Criminal Provisions : Section66
Provision has been significantly changed.
Under IT Act, 2008 all the acts referred under section 43, are alsocovered u/Sec.66 if they are done dishonestly or fraudulently
Many cybercrimes on which there were no express provisions madein the IT Act, 2000 are now included in the IT Act , 2008.
Section 66(A)
Sending of offensive or false messages - new provision
Also known as Cyber Stalking
Covers sending of menacing, offensive or false messages viaSMS/EMAIL/MMS
Punishment imprisonment up to 3 years and fine.
-
7/29/2019 Information Technology Act,2000
13/24
Cont..
Section66(B)
Dishonestly receiving stolen computer resource or communicationdevice - new provision
Also covers use of stolen Computers, mobile phones, SIM Cards, etc
Punishmentimprisonment upto 3 years or fine upto Rs.1 lakh orboth
Section 66(C)
Identity theft-new provision
Fraudulently or dishonestly using someone elses electronicsignature, password or any other unique identification feature
Punishment-imprisonment upto 3 years and fine up to Rs.1 lakh
-
7/29/2019 Information Technology Act,2000
14/24
Cont
Section 66(E)
Violation of privacy-new provision
Popularly known as Voyeurism
Pune spy cam incident where a 58-year old man was arrested for installing
spy cameras in his house to snoop on his young lady tenantsCovers acts like hiding cameras In changing rooms, hotel rooms, etc
Punishmentimprisonment upto 3 years or fine upto Rs.2 lakh or both
Section66(F)
Cyber terrorism-new provision
Who ever uses cyberspace with intent to threaten the unity, integrity,security or sovereignty of India or to strike terror in the people
Punishment-Imprisonment which may extent to life imprisonment
-
7/29/2019 Information Technology Act,2000
15/24
Cyber Pornography
Section67
Publishing or transmitting obscene material in electronic form
Punishment:
First instance -imprisonment upto 3 years and fine upto Rs.5 lakh.
Subsequent -imprisonment upto 5 years and fine upto Rs.10 lakh.
Section 67(A)new provision
Publishing or transmitting sexually explicit acts in the electronic form
Similarity with Sec.292 IPC
Punishment :First instance-imprisonment upto 5 years
Subsequent-imprisonment up to 7 years Fine up to Rs.10 lakh.
-
7/29/2019 Information Technology Act,2000
16/24
Cont.
Section 67(B) new provision
Creating, collecting, browsing, downloading, etc of ChildPornography
Punishment:
First instance-imprisonment upto 5years.Subsequent-imprisonment upto 7years Fine upto Rs.10 lakh.
Preservation of information by intermediaries
Section67(C) new provisionIntermediary shall preserve and retain such information as
may be specified for such duration and in such manner andformat as the Central Government may prescribe.
-
7/29/2019 Information Technology Act,2000
17/24
Famous BPO Cyber Crime Cases
The recently reported case of a Bank Fraud inPune in which some ex-employees of BPO arm ofMphasis Ltd MsourcE, defrauded US Customers
of Citi Bank to the tune of RS1.5 crores has raisedconcerns of many kinds including the role ofData Protection".
The crime was obviously committed using
Unauthorized Access to the Electronic AccountSpace of the customers. It is therefore firmlywith in the domain of Cyber Crimes".
-
7/29/2019 Information Technology Act,2000
18/24
Ahmadabad Blast :Haywood
Five minutes before the blast, an e-mails sent tonational TV channels warning about blasts inAhmadabad. The e-mail is traced to KennethHaywoods computer, who stayed at Gunina apartment
in Navi Mumbai. Haywood claimed that his computerwas hacked. A technician associated with VSNL hadasked him not to change the password of his wirelessInternet network. Haywoods laptop and computer was
then sent to the forensic science laboratory at Kalina. Wi-Fi system used to hack Haywood's account to send
the mail.
-
7/29/2019 Information Technology Act,2000
19/24
Parliament Attack Case
The Laptop seized from the gunned down
terrorist contained several evidences of
terrorists motives. The sticker of the Ministry
of home that they had made on the laptopand pasted on their ambassador car to gain
entry into the parliament house and the fake
ID card that one of the two terrorists wascarrying with the Government of India
emblem and seal.
-
7/29/2019 Information Technology Act,2000
20/24
National Association of Software and
Services Companies (NASSCOM): Premier trade body and the chamber of commerce of the IT-BPO industries in India
Not-for-profit organization, registered under the Indian Societies Act, 1860
NASSCOM is the global trade body with over 1200 members, of which over 250 areglobal companies from the US, UK, EU, Japan and China
NASSCOM's Vision is to maintain India leadership position in the global off shore IT-BPO industry, to grow the market by enabling industry to tap into emergingopportunity areas and to strengthen the domestic market in India
NASSCOM's Aim to drive the over all growth of the technology and services market
and maintain India's leadership position, by taking up the role of a strategic advisorto the industry.
NASSCOMS Objective include accelerating trade development efforts, improvingtalent supply, strengthening local infrastructure, building partnerships and drivingoperational excellence. NASSCOM is also helping catalyse the process ofinnovation, IT work force development and enhancing data security.
-
7/29/2019 Information Technology Act,2000
21/24
NASSCOM Initiative Diversity and Inclusivity Initiative:
The initiative focuses on mentoring and empowering diversity within theworkplace with respect to gender multi-cultural workforce.
Domestic IT Market Initiative:
The focus is to promote and grow the domestic IT market by driving ITadoption in newer industry verticals and small and medium businesses.
E-Governance Initiative:
This initiative aims to be catalyst in e-Governance initiatives and harness ICTfor inclusive growth by facilitating collaboration between the industry andgovernment.
Education Initiative:
The initiative aims to improve the interface between the IT-BPO industry andacademia to ensure availability of globally employable IT-BPO professionals.
Specific programmes on enhancing capacity and employment of the workforceare being undertaken.
Green IT Initiative:
This initiative is focused on enabling the IT-BPO industry in India to contrIbuteto the environment through technology and adoption of environmentally-friendly infrastructure.
-
7/29/2019 Information Technology Act,2000
22/24
Future course of Action A broad & inclusive focus is necessary to protect the IT services
Strategies and Alert mechanism Against cyber attacks
Creating a global culture of cyber security
International cooperation at all levels should be developed further
Establish funding mechanisms to facilitate practical research
Encouraging states to upgrade, update, notify and educate about cyber
laws & cyber attacks Participatory approach involving Governments, the private sector and
non-governmental organizations
Include comprehensive curricular on computer related in Academics andimpress upon ethical behaviour of professionals
New recruitment to ensure a sizeable team to combat cyber crime
Law enforcement officials, forensic investigators and experts need to betrained for effective enforcement.
Awareness is important and any incident should be reported at once &Users must try and save any electronic information trail on theircomputers.
-
7/29/2019 Information Technology Act,2000
23/24
CONCLUSION
Indian Laws are well drafted and are capable
of handling all kinds of challenges as posed by
cyber criminals. However, the enforcement
agencies are required to be well versed withthe changing technologies and Laws.
-
7/29/2019 Information Technology Act,2000
24/24