cyberlaw-anoverview-100318220400-phpapp02 (1)

8/8/2019 cyberlaw-anoverview-100318220400-phpapp02 (1)

1/25

CYBERLAW - AN OVERVIEW


2/25


"The modern thief can steal more with a

computer than with a gun. Tomorrow's

terrorist may be able to do more damagewith a keyboard than with a bomb".

National Research Council, U S A"Computers at Risk.1991


3/25


Cyber Law is the law governing cyber

space.

Cyberspace is a very wide term andincludes computers, networks, software,

data storage devices (such as hard disks,

USB disks etc), the Internet, websites,emails and even electronic devices such

as cell phones, ATM machines etc.


4/25


Cyber law encompasses laws relating

to:

1. Cyber Crimes

2. Electronic and Digital Signatures

3. Intellectual Property4. Data Protection and Privacy


5/25


Cyber crime is the latest and perhaps themost complicated problem in the cyberworld.

Cyber crime may be said to be thosespecies, of which, genus is theconventional crime, and where either thecomputer is an object or subject of the

conduct constituting crime. Cyber crimes are unlawful acts wherecomputer is used either as a tool; or atarget; or both.


6/25


Cybercrimes can be basically divided into

three major categories:

1. Cybercrimes against persons.

2. Cybercrimes against property.

3. Cybercrimes against government.


7/25


Cybercrimes committed against persons

include various crimes like transmission of

child-pornography, harassment of any onewith the use of a computer such as e-mail.

The trafficking, distribution, posting, and

dissemination of obscene material includingpornography and indecent exposure, is one

of the most important Cybercrimes known

today.


8/25


The second category of Cyber-crimes is

Cybercrimes against all forms of property.

These crimes include: Computer vandalism (destruction of others'

property);

Transmission of harmful programmes; Siphoning of funds from financial institutions;

Stealing secret information & data.


9/25


The third category of Cyber-crimes relate toCybercrimes against Government.

Cyberterrorismis one distinct kind of crime in

this category. The medium of Cyberspace is used by

individuals and groups to threaten theinternational governments as also to terrorise

the citizens of a country. This crime manifests itself into terrorism when

an individual "cracks" into a government ormilitary maintained website.


10/25


Electronic Signatures are used toauthenticate electronic records.

Digital Signatures are one type of electronic

signatures. Digital Signatures satisfy threemajor legal requirements:

Signer authentication;

Message authentication; and

Message integrity.

The technology and efficiency of digitalsignatures makes them more trustworthy than

hand written signatures.


11/25


Intellectual property refers to creations

of the human mind e.g. a story, a song, a

painting, a design etc.

The facets ofintellectual property that

relate to cyber space are covered byCyberlaw.


12/25


These include:

Copyright law: relating to computer software,source code, websites, cell phone content etc.

Software and source code licences. Trademark law with relation to domain names,

meta tags, mirroring, framing, linking etc.

Semiconductorlaw which relates to theprotection of semiconductor integrated circuitsdesign and layouts.

Patent law in relation to computer hardware

and software.


13/25


Data Protection and Privacy Laws aim to

achieve a fair balance between the privacy

rights of the individual and the interests of data

controllers such as banks, hospitals, email

service providers etc.

These laws seek to address the challenges to

privacycaused by collecting, storing andtransmitting data using new technologies.


14/25


Need forCyberLaw:

Cyberspace is an intangible dimension that is

impossible to govern and regulate using

conventional law.

Cyberspace has complete disrespect for

jurisdictional boundaries.

Cyberspace handles gigantic traffic volumesevery second.

Cyberspace is open to participation by all.


15/25


Cyberspace offers enormous potential for

anonymity to its members.

Cyberspace offers never-seen-beforeeconomicefficiency.

Electronic information has become the main

object ofcybercrime.

Here the original information, so to say,

remains in the possession of the owner

and yet information gets stolen.


16/25


The primary source of cyber law in India is the

Information Technology Act , 2000 (IT Act)

which came into force on 17 October 2000.

The primary purpose of the Act is to providelegal recognition to electronic commerce and to

facilitate filing of electronic records with the

Government. Information Technology Act 2000 consisted of

94 sections segregated into 13 chapters.

Four schedules form part of the Act.


17/25


The Information Technology

Amendment Act, 2008 (IT Act 2008)

has been passed by the parliamenton 23rd December 2008.

It received the assent of President of

India on 5th February, 2009. The IT Act 2008 has been notified on

October 27, 2009.


18/25


ITA 2008, as the new version of

Information Technology Act 2000 is

often referred, has provided additionalfocus on Information Security.

It has added several new sections on

offences including Cyber Terrorismand Data Protection.


19/25


In the 2008 version of the Act, there are

124 sections (excluding 5 sections that

have been omitted from the earlierversion) and 14 chapters.

Schedule I and II have been replaced.

Schedules III and IV are deleted.


20/25


Salient features of the Amendment Act:

The term digital signature has been

replaced with electronic signature to makethe Act more technology neutral.

A new section 10A has been inserted to the

effect that contracts concluded electronicallyshall not be deemed to be unenforceable

solely on the ground that electronic form or

means was used.


21/25


A new section 43A has been inserted to

protect sensitive personal data or information

dealt, possessed, or handled by a body

corporate.

New sections 66A to 66F prescribe

punishment for offenses such as obscene

electronic message transmissions, identitytheft, cheating by impersonation using

computer resource, violation of privacy &

cyber terrorism.


22/25


Section 67 of the old Act is amended to

reduce term of imprisonment for publishing or

transmitting obscene material in electronic form

to 3 years from 5 years and increase the fine

thereof from Rs.100,000 to Rs. 500,000.

Sections 67 A and B insert penal provisions in

respect of offenses of publishing/ transmittingof material containing sexually explicit act

and child pornography in electronic form.


23/25


In view of the increasing threat of terrorism,amended section 69 giving power to the state todirect interception or monitoring of

decryption of any information through anycomputer resource.

Sections 69 A and B, grant power to the state todirect blocking for public access of anyinformation through any computer resourceand to authorize to monitor and collecttraffic data or information through any

computer resource for cyber security.


24/25


Section 79 of the old Act which exempted

intermediaries has been modified to the effect

that an intermediary shall not be liable for any

3rd party information data or communication

link made available or hosted by him, subject

to certain conditions.

A proviso has been added to Section 81which states that the provisions of the Act shall

have overriding effect.


25/25

THANKS

cyberlaw-anoverview-100318220400-phpapp02 (1)

Documents