Information Technology Act,2000

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Information Technology

Act,2000


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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.


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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.


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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.


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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


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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.


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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.


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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


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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


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CYBER CRIME CASES REGISTERED & PERSON

ARRESTED UNDER IT ACT (2006-2009)


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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


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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.


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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


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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


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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.


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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.


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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".


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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.


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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.


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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.


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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.


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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.


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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.


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Documents

Information Technology Act,2000