Introduction to Cyber Law

Intellectual Property RightsUnit-6

Professor & Lawyer P. Guru PrasadM.B.A., M.Com., M.Phil., PGDFTM., APSET.,

PhD at JNTUK

World Wide WebInvented By : Tim Berners-Lee

What is the WWW?Is a system of interlinked hypertext documents

Accessed via the Internet with a web browser

Web pages contain text, images, videos, and other multimedia.

Internet V/s WWW

Internet

The Internet is a global system of interconnected computer networks.

Its access is provided by ISPs.

It runs applications like www, ftp, html etc

World Wide Web

Web is collection of text documents and other resources, linked by hyperlinks and URLs

 Usually accessed by web browsers

Its an application running on Internet

IT ACT PROVISIONSemail would now be a valid and legal

form of communication in our country that can be duly produced and approved in a court of 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. 

IT ACT PROVISIONSThe Act now allows Government

to issue notification on the web thus heralding e-governance

statutory remedy in case if anyone breaks into companies computer systems or network and causes damages or copies data

CYBER CRIMESCYBER CRIMES AGAINST

PERSONS eg ‘melissa’and

‘lovebug’ virusCYBER CRIMES AGAINST

PROPERTY eg computer

vandalismCYBER CRIMES AGAINST

GOVERNMENT

eg ‘Al-Qaeda’

Cyber SquattingCyber squatting is a type of

crime where in the hackers register sells and uses domain name of some company with the aim of gaining profit from the goodwill of its trademark.

It is the practice of buying the Domain Names of popular business names with the intention of selling it to the actual owner to earn profit.

The salient features of IT Act,2000Sec 65- Tampering with computer source

document.Sec 66- Computer related offencesSec 67- Punishment for Publishing or

transmitting Obscene Material in Electronic form.

Sec 71- Penalty for MisrepresentationSec 72- Penalty for Breach of confidentiality

and PrivacySec 73- Penalty for publishing Digital

signature Certificate False in certain particulars

Sec 74- Publications for Fraudulent Purpose

Cyber crime and E-commerceA cyber crime can defined as a

criminal activity doing using computer. They make use of computer technology in order to steal the personal information of the user, business secrets for the malicious purpose.

Cyber spaceCyber squattingCyber punkCyber warfareCyber Terrorism

Various Cyber CrimesCyber crime against PersonsCyber crime against PropertyCyber crime against OrganizationsCyber crime against SocietyCyber crime against user group.Apart from this, they also perform

other criminal activities, like child pornography, credit card frauds, cyber stalking, defaming, ignoring copy right and software licensing.

Connectivity via the Internet has greatly abridged geographical distances and made communication even more rapid. While activities in this limitless new universe are increasing incessantly, the need for laws to be formulated to govern all spheres of this new revolution was felt.

In order to keep pace with the changing generation the Indian Parliament passed Information Technology (IT) Act, 2000. The IT Act has been conceptualized on the United Nations Commission on International Trade Law (UNCITRAL) Model Law

INFORMATION TECHNOLOGY ACT,2000

The Act aims at providing legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communications commonly referred to as "electronic commerce"

which involve the use of alternative to paper based methods of communication and storage of information and aims at facilitating electronic filing of documents with the government agencies.

INFORMATION TECHNOLOGY ACT,2000

Information Technology Act,2000 in a capsule

Called the Information Technology Act, 2000.

Came into force in June,2000Extends to whole of India and also

to people who contravene the provisions of the act outside India.

Shall come into force as per notification by the Central govt.

The Act applies to the whole of India. It also applies to any offence committed outside India by any person.

It does not apply to the following.a negotiable instrument as defined in

section 13 of the Negotiable Instruments Act, 1881;

a power-of-attorney as defined in section 1A of the Power-of-attorney Act, 1882;

Information Technology Act,2000 in a capsule

DIGITAL SIGNATURES: LEGITIMACY AND USE The Act has adopted the Public

Key Infrastructure (PKI) for securing electronic transactions. A digital signature means an authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the other provisions of the Act.

Thus a subscriber can authenticate an electronic record by affixing his digital signature.

A private key is used to create a digital signature whereas a public key is used to verify the digital signature and electronic record.

They both are unique for each subscriber and together form a functioning key pair.

DIGITAL SIGNATURES: LEGITIMACY AND USE

Further, the Act provides that when any information or other matter needs to be authenticated by the signature of a person, the same can be authenticated by means of the digital signature affixed in a manner prescribed by the Central Government.

The Act also gives the Central Government powers:

a) to make rules prescribing the digital signature

DIGITAL SIGNATURES: LEGITIMACY AND USE

b) the manner in which it shall be affixed

c) the procedure to identify the person affixing the signature

d) the maintenance of integrity, security and confidentiality of records or

e) payments and rules regarding any other appropriate matters

DIGITAL SIGNATURES: LEGITIMACY AND USE

These signatures are to be authenticated by Certifying Authorities (CAs) appointed under the Act. These authorities would inter alia, have the license to issue Digital Signature Certificates (DSCs).

The applicant must have a private key that can create a digital signature. This private key and the public key listed on the DSC must form the functioning key pair.

DIGITAL SIGNATURES: LEGITIMACY AND USE

Once the subscriber has accepted the DSC, he shall generate the key pair by applying the security procedure.

Every subscriber is under an obligation to exercise reasonable care and caution to retain control of the private key corresponding to the public key listed in his DSC.

DIGITAL SIGNATURES: LEGITIMACY AND USE

List of Organizations that control InternetISOCIETFIABIANAIRTFIESGIEEEW3C