Information Technology Act,2000

By :

Priyanka Arora

IT Act ????

The IT Act provides ways to deal with cyber crimes. Its also known as Cyber Law.

It is a generic term, which denotes all aspects, issues and the legal consequences on the Internet, the World Wide Web and cyber space.

Cyber Crime

Cyber Crime

A generalized definition of cyber crime may be “ unlawful acts wherein the computer is either a tool or target or both.

Cyber crimes as ” acts that are punishable by the information technology Act”

Category of cyber crime 1. The Computer as a Target e.g. Hacking, Virus/Worm attacks etc.

2.The computer as a weapon e.g. Cyber Terrorism, Credit card

frauds, Pornography etc.

List of Cyber Crimes

Cyber Terrorism Sale of illegal articles Phishing Online gambling Cyber Pornography Intellectual Property crimes Email spoofing Forgery Email bombing Web jacking Theft of computer system Trojan attacks Logic Bomb Virus / worm attacks Banking/Credit card Related

crimes

Crime against government

Crime against person

Crime against property

Cyber Crimes

Hacking

Corporate Espionage

Password Sniffer

Spoofing

Software Piracy

Cyber Pornography

Online Harassment

Cyber Stalking

IT Act 2000

It is the first Cyber Law in India and enacted by the parliament on 9 June 2000.

It is mainly based on the

UNCITRAL Model law. The United Nations Commission on International Trade Law(UNCITRAL).

Objectives of the IT Act

To provide legal recognition for transactions:- Carried out by means of electronic data

interchange, and other means of electronic communication, commonly referred to as "electronic commerce“

To facilitate electronic filing of documents with Government agencies and E-Payments

To amend the Indian Penal Code, Indian Evidence Act,1872, the Banker’s Books Evidence Act 1891,Reserve Bank of India Act ,1934

Structure of the IT Act, 2000

The information Technology Act,2000 consists of 

13 Chapters divided into 94 Sections. Chapters I to VIII are mostly digital

signature related.Chapters IX to XIII are regarding penalties,

offences etc. And 4 Schedules which are consequential amendments in

respect of certain other Acts.

Chapters of IT Act 2000 Chapter I Preliminary  Chapter II Digital Signature  Chapter III Electronic Governance

Chapter IV  Attribution, Acknowledgement and Dispatch of

Electronic records

Chapters of IT Act 2000(cont.)

Chapter V Secure Electronic records and secure digital

signatures

Chapter VI Regulation of Certifying Authorities

Chapter VII Digital Signature Certificates

Chapter VIII Duties of Subscribers

Chapters of IT Act 2000(cont.)

CHAPTER IXPENALTIES AND ADJUD1CATION

CHAPTER X THE CYBER REGULATIONS APPELLATE TRIBUNAL

CHAPTER XI OFFENCES

CHAPTER XII NETWORK SERVICE PROVIDERS NOT TO BE LIABLE

IN CERTAIN CASES

CHAPTER XIII MISCELLANEOUS 

Schedules of IT Act 2000 Schedule 1 Amendments to the Indian Penal Code

Schedule 2 Amendments to the Indian Evidence Act, 1872

Schedule 3 Amendments to the Bankers' Books Evidence Act,

1891

Schedule 4 Amendments to the Reserve Bank of India Act, 1934

CHAPTER IVATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS

11. Attribution of electronic records.

12. Acknowledgment of receipt. 13. Time and place of despatch

and receipt of electronic record.

CHAPTER VSECURE ELECTRONIC RECORDS

AND SECURE DIGITAL SIGNATURES

14. Secure electronic record. 15. Secure digital signature. 16. Security procedure.

CHAPTER VIREGULATION OF CERTIFYING

AUTHORITIES 17. Appointment of Controller

and other officers 18. Functions of Controller 19.Recognition of foreign

Certifying Authorities 20.Controller to act as repository 21.Licence to issue Digital

Signature Certificates

CHAPTER VI

22.Application for licence 23.Renewal of licence 24.Procedure for grant or rejection of

licence 25. Suspension of licence 26. Notice of suspension or revocation

of licence 27. Power to delegate 28.Power to investigate

contraventions

CHAPTER VI

29. Access to computers and data 30. Certifying Authority to follow

certain procedures 31. Certifying Authority to ensure

compliance of the Act, etc. 32. Display of licence 33. Surrender of licence 34. Disclosure

Case Study1.Cyber Lotto Case

In Andhra Pradesh one Kola Mohan created a website and an email address on the Internet with the address 'eurolottery@usa.net.' which shows his own name as beneficiary of 12.5 million pound in Euro lottery. After getting confirmation with the email address a Telugu newspaper published this as news.

He gathered huge sums from the public as well as from some banks. The fraud came to light only when a cheque amounting Rs 1.73 million discounted by him with Andhra bank got dishonored.

2.First case convicted under IT Act 2000

The case related to posting of obscene, defamatory and annoying message about adivorcee woman  in the yahoo message group. Based on a complaint made by the victim in Feb 2004,the Police traced the accused to Mumbai and arrested him, The accused was a known family friend of the victim and was reportedly interested in marrying  her. for the offence u/s 67 of IT Act 2000 accused had to undergo RIfor 2 years and to pay fine of Rs.4000

Advantage of Cyber Law Companies shall now be able to carry out

electronic commerce using the legal infrastructure provided by the Act.

Digital signatures have been given legal validity and sanction in the Act.

The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions.

Under the IT Act, 2000, it shall now be possible for corporate to have a statutory remedy in case if anyone breaks into their computer systems or network and causes damages or copies data.

Positive Initiatives

More Cyber crime police cells set up across the country

Effective E-surveillance Websites aid in creating awareness and

encouraging reporting of cyber crime cases. Specialized Training of forensic investigators

and experts Active coordination between police and other

law enforcement agencies and authorities.

Suggestions

Need international co-operation Mutual co-operation between countries Transfer of technology between countries Deportation of criminals Educate the masses Spreading awareness about cyber crimes Training and educating policemen More and more stringent norms

Conclusion

WHERE WE AREFastest growing sectorContributes more than $30 Billion to India’s G.D.PWorld leader in outsourcing

DIFFICULTIESSlow response from govt.Less support from foreign law enforcement

agenciesSlow in adaptability of technology used by

criminals

THANKS

Any Query ????