CYBER LAW

Cyber law in India

• Need for cyber law in India
• History of cyber law in India
• Information Technology Act, 2000
• Overview of other laws amended by the IT Act, 2000
• National Policy on Information Technology 2012
• "Cyber“:
• Word to describe in computer and information age:
• Person
• Thing
• Idea
• Virtual world of internet is known as cyberspace
• The laws governing this area are known as Cyber laws
• All the netizens of this space come under the ambit of these laws
• Cyber laws have a universal jurisdiction
• The law deals with legal issues related to use of inter-networked
information technology
• Cyber law encompasses laws relating to –
• Cyber crimes
• Electronic and digital signatures
• Intellectual property
• Data protection and privacy
Need for Cyber law:
• The transactional environment is becoming more digitally
sophisticated and so are the crimes
• E-BUSINESS
• E-COMMERCE
• E-GOVERNANCE AND
• E-PROCUREMENT
• Almost everyone is affected by cyber law:
• transactions in shares are in demat form
• Companies depend upon their computer networks and keep their
valuable data in electronic form
• Government forms – income tax returns - company law forms are now
filled in electronic form
• Consumers are increasingly using credit cards for shopping
CYBER LAW IN INDIA
• Cyber laws are contained in the Information Technology Act, 2000
(IT Act)
• Came into force on October 17, 2000
• India has a well defined and complex legal system
• Due to the rise of internet complexity increased and problems also
increased
• Information Technology Act, 2000 enacted on 17th October 2000
• Information Technology (Amendment) Act, 2008 – effective from
27 October 2009
Information Technology Act, 2000
• The law regulates the following:
• Use of computers
• Use computer systems
• Use of computer networks
• Use of data and information in the electronic format
• Electronic authentication
• Digital (electronic) signatures
• Cyber crimes
• Liability of network service providers
• The law provides legal recognition for electronic data
interchange and electronic communication (E-
commerce)
• alternatives to paper-based methods of communication
• storage of information
• facilitating electronic filing of documents with the Government
agencies
• IT ACT was developed to promote the IT industry
• IT ACT was formulated to regulate e-commerce
• IT ACT was developed to facilitate e-governance
• IT ACT was developed to prevent cybercrime
Salient Features of The Information
Technology Act, 2000
1. Legal Recognition of Electronic Documents:
• Recognizes electronic documents as legal documents
2. Digital Signatures:
• Introduces digital signatures to authenticate electronic documents
3. Electronic Filing:
• Allows for electronic filing of documents with government agencies
4. E-Commerce:
• Facilitates e-commerce by providing a legal framework
5. Cyber Crimes:
• Defines and punishes cyber crimes such as hacking, phishing, and
spamming
6. Data Protection:
• Provides for data protection and privacy
7. Establishment of Certifying Authorities:
• Establishes certifying authorities to issue digital certificates.
8. Electronic Record Keeping:
• Allows for electronic record keeping by government agencies.
Feature Hacking Phishing Spamming
Unauthorized access to Attempt to acquire sensitive Unsolicited electronic messages
Definition computer systems, networks, information such as sent in bulk to multiple
or data usernames, passwords, and recipients
credit card details by
masquerading as a trustworthy
entity
Gain unauthorized access to Steal personal information for Promote products or services,
Goal systems or data financial gain often deceptive or fraudulent
Exploiting vulnerabilities /brute 1) Deceitful emails Mass email
Method force attacks / social 2) Websites SMS
engineering 3) Messages imitating Social media messages
legitimate sources
1) Data loss 1) Identity theft Inbox clutter
Impact 2) System damage 2) Financial fraud Potential malware
3) Financial loss 3) Loss of personal Privacy invasion
4) Reputation damage information
Strong passwords 1) Security awareness training Spam filters
Countermeasures Firewalls 2) Email filters Unsubscribe options
Intrusion detection systems 3) URL verification Legal regulations
9. Digital Evidence:
• Recognizes digital evidence in legal proceedings
10. Offenses and Penalties:
• Defines offenses and penalties for cyber crimes
11. Exemptions from Liability:
• Provides exemptions from liability for intermediaries (e.g., ISPs,
network service providers)
12. Storage of data:
• Facilitate electronic storage of data
13. Provides legal sanction:
• Gives legal sanction to electronic fund transfers between banks and
financial institutions
14. Legal recognition:
• Provides legal recognition for book keeping of accounts by banks in
electronic form
15. There were amendments for the following acts as per I to IV
Schedules of the act
• The Indian Penal Code, 1860
• The Indian Evidence Act, 1872
• The Bankers Book Evidence Act, 1891
• RBI Act, 1934
16. Act applies to any offences outside India:
• Offences committed outside India
• By any nationality person
• The activity involves computer / computer system / computer network
located in India
I T ACT does not apply to the following:
• A negotiable instrument (except cheque)
• But applicable to electronic cheques / images of truncated cheques
• A Power-of-Attorney – as per Power – of – Attorney Act,
1882
• A Trust as defined in section 3 of The Indian Trust Act, 1882
• A Will as defined in Indian Succession Act, 1925 (including any
testamentary)
• Any Contract for sale of immovable property (conveyance /
interests in the property)
The I T (Amendment) Act, 2008:
• The term 'digital signature' has been replaced with 'electronic
signature' to make the Act more technology neutral
• New section inserted to define 'communication device‘:
• Cell phones
• Personal digital assistance
• Combination of both or any other device used to:
• Communicate
• Send
• Transmit
• Text
• Video
• Audio
• Image
• New section added defining cyber café:
• A facility from where the access to the internet is available to
public

• A new definition has been inserted for intermediary

• New section 10A added:

• Contracts made electronically cannot be refused to be
accepted as a legal document – due to electronic format
• The damages of Rs. One Crore prescribed for damage to
computer / computer system deleted

• The above clause was replaced by:

• Substituted by ‘he shall be liable to pay damages by way of

compensation to the person so affected’
• New section 43A added to protect sensitive data
ownership / control / operation:
• PERSONAL DATA
• INFORMATION
• Possessesion
• Dealing
• Data Handling
• Person liable to pay damages if data mishandling causes loss
to other persons (whose data was used negligently)
• Sections 66A to 66F has been added to Section 66 prescribing
punishment for offences
• Obscene electronic message transmissions
• Identity theft
• Cheating by impersonation using computer resource
• Violation of privacy
• Cyber terrorism
• Section 67 of the IT Act, 2000 has been amended:
• For publishing or transmitting obscene material in electronic form:
• Reduced imprisonment from 5 years to 3 years
• Increasing fine amount from Rs 1 Lakhs to Rs. 5 Lakhs