it act law ppt
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Information Technology Act 2000
Shikha SachdevKaran Bhatia
Kunal Khatwani
Akshat Agarwal
Vishesh Dalal
IT Act, 2000Enacted on 17th May 2000- India is 12th nation in the world to adopt cyber laws
IT Act is based on Model law on e-commerce adopted by UNCITRAL
Objectives of the IT ActTo 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
Extent of applicationExtends to whole of India and also applies to any
offence or contravention there under committed outside India by any person {section 1 (2)} read with Section 75- Act applies to offence or contravention committed outside India by any person irrespective of his nationality, if such act involves a computer, computer system or network located in India
Definitions ( section 2) "electronic record" means date, record or date generated, image or
sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;
“secure system” means computer hardware, software, and procedure that- (a) are reasonably secure from unauthorized access and misuse;(b) provide a reasonable level of reliability and correct operation;(c) are reasonably suited to performing the intended function; and(d) adhere to generally accepted security procedures
“security procedure” means the security procedure prescribed by the Central Government under the IT Act, 2000.
secure electronic record – where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification
Act is not applicable to… (a) a negotiable instrument (Other than a cheque) as defined
in 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;
Act is not applicable to…(d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition
(e) any contract for the sale or conveyance of immovable property or any interest in such property;
(f) any such class of documents or transactions as may be notified by the Central Government
DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
DIGITAL SIGNATUREDigital signature means authentication of any electronic
record by a subscriber by means of an electronic method or procedure.
CREATION OF DIGITAL SIGNATURETo sign an electronic record or any other item of
information the signer shall first apply the hash function in the signers software.
The signers software transform the hash result into a digital signature using signers private key.
The digital signature shall be attached to its electronic record and stored or transmitted with the electronic record.
Manner in which information be authenticated by means of digital signature :
A digital signature shall-
a.Be created and verified by cryptography
b.Use what is known as “PUBLIC KEY CRYPTOGRAPHY”.
Verification of digital signatureVerification means to determine whether:-
a.The initial electronic record was affixed.
b.The initial electronic record is retained.
DIGITAL SIGNATURE CERTIFICATE
REPRESENATION UPON ISSUANCE OF DIGITAL SIGNATURE CERTIFICATE
EXPIRY OF DIGITAL SIGNATURE CERTIFICATE
FEES FOR ISSUE OF DIGITAL SIGNATURE CERTIFICATE
CONTENT OF DIGITAL SIGNATURE CERTIFICATE
GENERATION OF DIGITAL SIGNATURE CERTIFICATE
COMPROMISE OF DIGITAL SIGNATURE CERTIFICATE
SUSPENSION OF DIGITAL SIGNATURE CERTIFICATE.
ARCHIVAL OF DIGITAL SIGNATURE CERTIFICATE
ELECTRONIC SIGNATUREElectronic signature means authentication of any
electronic record by a subscriber of the electronic technique specified in the second schedule and includes digital signature.
The electronic signature was adopted by the United Nation Commission on International Trade Law in the year 2001 which came into force from 27.10.2009
Rules In Respect Of Electronic Signature :Electronic Signature CertificateCertification Practice StatementSUBSCRIBERSubscriber means a person in whose name the
digital/electronic signature certificate is issued.The method used to verify and authenticate the identity
of a subscriber is known as “Subscriber Identity Verification Method”.
Duties Of Subscriber1.Generating key pair2.On acceptance of Digital Signature Certificate3.Control of private key
Electronic Governance & Electronic Records
Electronic CommerceEC transactions over the
Internet include Formation of Contracts Delivery of Information and
Services Delivery of Content
Future of Electronic Commerce depends on“the trust that the transacting
parties place in the security of the transmission and content of their communications”
Electronic World Electronic document produced by a
computer. Stored in digital form, and cannot be perceived without using a computer It can be deleted, modified and
rewritten without leaving a mark Integrity of an electronic document
is “genetically” impossible to verify A copy is indistinguishable from
the original It can’t be sealed in the traditional
way, where the author affixes his signature
The functions of identification, declaration, proof of electronic documents carried out using a digital signature based on cryptography.
Electronic World Digital signatures created and verified using cryptography Public key System based on Asymmetric keys
An algorithm generates two different and related keys Public key Private Key
Private key used to digitally sign. Public key used to verify.
Public Key Infrastructure
Allow parties to have free access to the signer’s public key
This assures that the public key corresponds to the signer’s private keyTrust between parties as if they know one another
Parties with no trading partner agreements, operating on open networks, need to have highest level of trust in one another
Government has to provide the definition of the structure of PKI the number of levels of authority and their juridical
form (public or private certification)which authorities are allowed to issue key pairs the extent to which the use of cryptography should
be authorised for confidentiality purposeswhether the Central Authority should have access to
the encrypted information; when and how the key length, its security standard and its time
validity
Role of the Government
Certificate based Key Management
Operated by trusted-third party - CA Provides Trading Partners
Certificates Notarises the relationship between a
public key and its owner
CA
User A User B
CA A B
CA A CA B
Section 4- Legal recognition of Electronic Records If any information is required in printed or written form under
any law the Information provided in electronic form, which is accessible so as to be usable for subsequent use, shall be deemed to satisfy the requirement of presenting the document in writing or printed form.
Sections 5, 6 & 7
Legal recognition of Digital Signatures Use of Electronic Records in Government & Its
Agencies
Publications of rules and regulations in the Electronic
Gazette.
Retention of Electronic Records Accessibility of information, same format, particulars of
dispatch, origin, destination, time stamp ,etc
CCA has to regulate the functioning of CAs in the country by-
Licensing Certifying Authorities (CAs) under section 21 of the IT Act and exercising supervision over their activities.
Certifying the public keys of the CAs, i.e. their Digital Signature Certificates more commonly known as Public Key Certificates (PKCs).
Laying down the standards to be maintained by the CAs,
Addressing the issues related to the licensing process
The licensing process
Examining the application and accompanying documents as provided in sections 21 to 24 of the IT Act, and all the Rules and Regulations there- under;
Approving the Certification Practice Statement(CPS); Auditing the physical and technical infrastructure of the
applicants through a panel of auditors maintained by the CCA.
Audit Process Adequacy of security policies and implementation thereof; Existence of adequate physical security; Evaluation of functionalities in technology as it supports CA
operations; CA’s services administration processes and procedures; Compliance to relevant CPS as approved and provided by
the Controller; Adequacy to contracts/agreements for all outsourced CA
operations; Adherence to Information Technology Act 2000, the rules
and regulations thereunder, and guidelines issued by the Controller from time-to-time.
ADJUDICATION, PENALTIES AND COMPENSATION
ADJUDICATION Every Adjudicating Officer shall have the powers of a Civil Court which
are conferred on the Cyber Appellate Tribunal and all proceedings before the Adjudicating Officer shall be deemed to be a Civil Court. [sec 46].
While Adjudging the quantum of compensation, the Adjudicating Officer shall have due regard to the following factors:
I. the amount of unfair advantage, wherever quantifiable, made as a result of the default.
II.The amount of the loss caused to any person as a result of the default.III.The repetitive nature of the default. [sec 47].
ADJUDICATION Officer not below the rank of a director to the government or an equivalent
officer of a State Government, possessing the prescribed experience in the field of Information technology and legal or judicial experience, shall be appointed as an Adjudicating Officer by the CG to adjudge whether any person has committed a contravention of any of the provisions of the Act, or of any rule, regulation, direction or order made thereunder which renders him liable to pay penalty or compensation
The claim for injury or damage should not exceed rupees five crores. The jurisdiction in respect to claim for injury or damage exceeding rupees five
crores shall vest with competent court. Person liable to pay shall be given a reasonable opportunity for making
representation in the matter. After such an inquiry, if the adjudicating officer is satisfied that the person is
liable to pay he may impose the penalty he thinks fit in accordance with the provisions of the applicable section
OFFENCES, COMPENSATION AND PENALTIES1. Penalty and compensation for damage to computer, computer system etc: If any person, without permission of the owner or any other person who is in
charge of the computer, computer system or computer network –
a. Accesses or secures access to such computer, computer system or computer network;
b. Downloads, copies, extracts any data, computer database, or information;c. Introduces any computer virus;d. Damages or causes to damage the computer;e. Disrupts or causes disruption;f. Denies or causes to denial of access to any person authorized to access;g. Steals,conceals,destroys .(Upto 3 yrs or upto upto 5 lacs or both)
Microsoft Excel Worksheet
TYPES OF CYBER CRIMES Cyber terrorism Cyber pornography Defamation Cyber stalking (section 509 IPC) Sale of illegal articles-narcotics,
weapons, wildlife Online gambling Intellectual Property crimes- software
piracy, copyright infringement, trademarks violations, theft of computer source code
Email spoofing Forgery Phising Credit card frauds
Crime against property
Crime against Government
Crime against persons
© Seth Associates, 2008 All Rights Reserved
TYPES OF CYBER CRIMES
Cyber crimes
Hacking Information
TheftE-mail
bombingSalami attacks
Denial of Service attacks
Trojan attacks
Web jacking
© Seth Associates, 2008 All Rights Reserved
Frequency of reporting Cybercrime in India
During the year 2005, 179 cases were registered under IT Act as compared to 68 cases during 2004 21.2% cases reported from Karnataka, followed by Maharashtra(26) , Tamil Nadu(22) and Chhattisgarh and Rajasthan (18 each) out of 179 cases, 50% were related to Section 67 IT Act.,125 persons were arrested. 74 cases of hacking were reported wherein 41 were arrested.
© Seth Associates, 2008 All Rights Reserved
Section 65: Source CodeMost important asset of software companies“Computer Source Code" means the listing of programmes, computer commands, design and layout
IngredientsKnowledge or intention Concealment, destruction, alterationcomputer source code required to be kept or maintained by law
Punishment imprisonment up to three years and / or fine up to Rs. 2 lakh
Section 66: Hacking
• Ingredients– Intention or Knowledge to cause wrongful loss
or damage to the public or any person– Destruction, deletion, alteration, diminishing
value or utility or injuriously affecting information residing in a computer resource
• Punishment– imprisonment up to three years, and / or – fine up to Rs. 2 lakh
• Cognizable, Non Bailable,
Section 66 covers data theft aswell as data alterationSection 66 covers data theft aswell as data alteration
Sec. 67. Pornography Ingredients
Publishing or transmitting or causing to be published in the electronic form, Obscene material
Punishment On first conviction
imprisonment of either description up to five years and fine up to Rs. 1 lakh
On subsequent conviction imprisonment of either description up to ten years and fine up to Rs. 2 lakh
Section covers Internet Service Providers, Search engines, Pornographic websites
Cognizable, Non-Bailable, JMIC/ Court of Sessions
THANK YOUShikha Sachdev Karan Bhatia Kunal Khatwani Akshat Agarwal Vishesh Dalal
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