Information Technology Act,2000

By :

Priyanka Arora

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.

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

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.

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

Crime against Government

Crime against persons

Crime against property

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).

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 Bankers Books Evidence Act 1891,Reserve Bank of India Act ,1934

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.

Chapter I Preliminary Chapter II Digital Signature Chapter III Electronic Governance Chapter IV Attribution, Acknowledgement and Dispatch of Electronic records

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

CHAPTER IX PENALTIES 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

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

11. Attribution of electronic records. 12. Acknowledgment of receipt. 13. Time and place of despatch and receipt of electronic record.

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

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

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

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

In Andhra Pradesh one Kola Mohan created a website and an email address on the Internet with the address '[email protected].' 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.

The case related to posting of obscene, defamatory and annoying message about a divorcee 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 RI for 2 years and to pay fine of Rs.4000

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.

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.

       

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

y WHERE WE ARE y Fastest growing sector y Contributes more than $30 Billion to Indias G.D.P y World leader in outsourcing y DIFFICULTIES y Slow response from govt. y Less support from foreign law enforcement agencies y Slow in adaptability of technology used by criminals

THANKS
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