INFORMATION TECHNOLOGY AND LAW

BY:

AYUSH LOHIA (221)CHARU DHAMIJA (250)DEEP SANKAR ROY (232)DHVANI MAHESHWARI (253)GAURAV THADANI (246)HIMANSHU JAWA (245)

Title and Content Layout with List

• IT Act 2000

• Need Of The IT Act,2000

• Objectives Of the Act

• Information Technology Amendment Act 2008

• Important Sections under IT Act, 2000

• Digital Signature

• TRAI ACT 1997 & TRAI AMENDMENT 2000

• Why TRAI was formed?

• Functions of TRAI

Introduction To IT Act:• Information technology is one of the important law relating to India

cyber laws.

• It had passed in parliament in year 2000.

• India was the 12th nation to adopt it act.

• It aims to provide legal infrastructure/framework.

• This act is helpful to promote business with the help of internet.

An 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”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies.

Need Of The IT Act,2000

NATIONAL REASONS

• Increasing use of ICTs - business transactions and entering into contracts

• No legal protection.

• Signatory to UNCITRAL.

INTERNATIONAL REASONS

• International trade through electronic means.

• UNCITRAL had adopted a Model Law on Electronic Commerce in 1996.

• The General Assembly of the United Nations- 31st January, 1997

• World Trade Organization (WTO)- Electronic medium for transactions.

Objectives Of the Act:

To provide filing of document online

relating to registration in employment

exchange.

Any company can store data in

electronic storage.

To give legal recognition to digital signature for

accepting any agreement via computer.

To give legal recognition to any transaction which

is done by electronic way or use of internet.

To make more power to IPO,RBI,

and Indian Evidence act

To stop computer crimes and protect privacy of internet

users

Information Technology Amendment Act 2008

• Substantial addition to India's Information Technology Act (ITA-2000).

• Created to address issues that the original bill failed to cover and to accommodate further development of IT and related security concerns since the original law was passed.

• Focusing on data privacy

• Focusing on Information Security

• Adopted electronic signatures as a legally valid mode of executing signatures.

• Defining reasonable security practices to be followed by corporate

• Redefining the role of intermediaries

• Recognizing the role of Indian Computer Emergency Response Team

Important Sections under IT Act, 2000:

SECTION 43-PENALTY AND COMPENSATION FOR DAMAGE TO COMPUTER, COMPUTER SYSTEM.• If any person without permission of the owner or any other person

who is in charge of a computer or computer system:• damages or causes to be damaged any computer,• disrupts or causes disruption,• denies or causes the denial of access to any person authorized to access,• destroys, deletes or alters any information residing in a computer resource,• destroys, deletes or alters any information residing in a computer resource.

• He/She shall be liable to pay damages by way of compensation to the person so affected.

SECTION 43(A)-COMPENSATION FOR FAILURE TO PROTECT DATA.• Where a body corporate, possessing, dealing or handling any sensitive personal

data or information in a computer resource which it owns, controls or operates, in negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.

SECTION 66(A)- PUNISHMENT FOR SENDING OFFENSIVE MESSAGES THROUGH COMMUNICATION SERVICE.

• If Any person who sends, by means of a computer resource or a communication device –• any information that is grossly offensive or has meaning character, or• any information which he knows to be false, but for the purpose of causing

annoyance, inconvenience, danger, obstruction, insult, injury, or

• shall be punishable with imprisonment for a term which may extend to three years and with fine.

SECTION 66(C)- PUNISHMENT FOR IDENTITY THEFT

• Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

SECTION 66(E)- PUNISHMENT FOR VIOLATION OF PRIVACY.

• Whosoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

SECTION 66(F)- PUNISHMENT FOR CYBER TERRORISM.

• Person with the intention to threaten the unity, integrity, security or sovereignty of India:• denying or cause the denial of access to any person authorized to access computer resource; or• attempting to penetrate or access a computer resource without authorization

• whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

SECTION 67- PUNISHMENT FOR PUBLISHING OR TRANSMITTING OBSCENE MATERIAL IN ELECTRONIC FORM.

• shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Digital Signature• A digital code (generated and authenticated by public key encryption)

which is attached to an electronically transmitted document to verify its contents and the sender's identity.

• Function of digital signature is to authenticate the document to identify the person to make the contents of the document binding on person putting digital

signature.

• Each individual generates his own key pair [Public key known to everyone & Private key only to the owner].

TRAI ACT 1997 & TRAI AMENDMENT 2000

• TRAI was then constituted under the presidential ordinance issued in 1997, later it was ratified by the Parliament by enacting the TRAI Act on 20th February,1997.

• The main aim of TRAI is to facilitate quick growth of the telecom sector and to provide for a transparent policy environment. The regulator is responsible for tariff, interconnections, direct-to-home services etc.

• TRAI Act,1997 was amended by TRAI(Amendment) Act,2000. By the Amendment Act, an Appellate Tribunal known as the Telecom Disputes Settlement and Appellate Tribunal(TDSAT) has been set up.

• The primary objective of TDSAT’s establishment was to release TRAI from adjudicatory and dispute settlement functions in order to strengthen the regulatory framework.

Introduction:

Constitution of TRAI• TRAI was established as a corporation under Section 3 of the Act.

• It is a body corporate with all its characteristics of perpetual succession, common seal with powers to hold and dispose of property, both moveable and immoveable, and to sue and be sued.

• It constitutes of a chairperson and less than two, full time and part-time members.

• The Chairperson and the members of TRAI are appointed by the Central Government and the duration of which they can hold their office is three years or until they attain the age of 65 years, whichever is earlier.

Why TRAI was formed?• NTP 1994 – The Department of Telecommunications(DOT) was the

policy maker and competitor to private entrants.

• Private enterprises were discouraged to enter the telecom market.

• Rural telecommunications suffered the most.

• To regulate & provide guidelines to service providers.

• To ensure the interest of consumers of Telecom Services.

Functions

General administrative and regulatory

functions.

Fixing Tariffs and rate for telecom

services

Recommend terms and

conditions of license to a

provider.

Settle disputes between service

providers

Any other functions

entrusted by the Central Govt.

Monitor the quality of service.

Inspect the equipment used

in network

Maintaining the register open for

inspection to public

Making recommendations on various issues

Telecom Disputes Settlement Appellate Tribunal• The Telecom Dispute Settlement Appellate Tribunal (Tribunal) is

established under section 14 of the Act. It is the sole dispute resolution body in the communication sector. It can adjudicate upon any dispute between:

I. Licensor (Central Government) and a licensee.

II. Two or more service providers.

III. Between a service provider and a group of consumers.

• However, the Tribunal does not have any jurisdiction to try any matter which deals with anti-competitive trade practices or any consumer complaint

National Telecom Policy – 2012• To provide secure, reliable, affordable and high quality converged

telecommunication services anytime, anywhere for an accelerated inclusive socio-economic development.

• The main thrust of the Policy is on the multiplier effect and transformational impact of such services on the overall economy.

• It recognizes the role of such services in furthering the national development agenda while enhancing equity and inclusiveness.

• NTP-2012 also recognizes the predominant role of the private sector in this field and the consequent policy imperative of ensuring continued viability of service providers in a competitive environment.

StrategiesBroadband, Rural Telephony and Universal Service Obligation Fund (USOF) R&D, Manufacturing And Standardization of Telecommunication Equipment Licensing, Convergence and value added services Spectrum ManagementTelecom Infrastructure/ Row Issues, Green telecom, Clear skyline, Mitigation

efforts during disaster Quality of service and protection of consumer interest Security Skill DevelopmentCloud ServicesTelecom Enterprise Data Services, IPV 6 Compliant networks and future

technologiesRole of regulator, changes in legislation