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CYBERLAW - AN OVERVIEW

CYBERLAW - AN OVERVIEW
"The modern thief can steal more with a
computer than with a gun. Tomorrow's
terrorist may be able to do more damage
with a keyboard than with a bomb".

–National Research Council, U S A


"Computers at Risk”.1991
CYBERLAW - AN OVERVIEW
• Cyber Law is the law governing cyber
space.
• Cyber space is a very wide term and
includes 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.
CYBERLAW - AN OVERVIEW
Cyber law encompasses laws relating
to:
1. Cyber Crimes
2. Electronic and Digital Signatures
3. Intellectual Property
4. Data Protection and Privacy
CYBERLAW - AN OVERVIEW
• Cyber crime is the latest and perhaps the
most complicated problem in the cyber
world.
• Cyber crime may be said to be those
species, of which, genus is the
conventional crime, and where either the
computer is an object or subject of the
conduct constituting crime.
• Cyber crimes are unlawful acts where
computer is used either as a tool; or a
target; or both.
CYBERLAW - AN OVERVIEW
Cybercrimes can be basically divided into
three major categories:

1. Cybercrimes against persons.

2. Cybercrimes against property.

3. Cybercrimes against government.


CYBERLAW - AN OVERVIEW
• Cybercrimes committed against persons
include various crimes like transmission of
child-pornography, harassment of any one
with the use of a computer such as e-mail.
• The trafficking, distribution, posting, and
dissemination of obscene material including
pornography and indecent exposure, is one
of the most important Cybercrimes known
today.
CYBERLAW - AN OVERVIEW
• 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.
CYBERLAW - AN OVERVIEW
The third category of Cyber-crimes relate to
Cybercrimes against Government.
• Cyberterrorism is one distinct kind of crime in
this category.
• The medium of Cyberspace is used by
individuals and groups to threaten the
international governments as also to terrorise
the citizens of a country.
• This crime manifests itself into terrorism when
an individual "cracks" into a government or
military maintained website.
CYBERLAW - AN OVERVIEW
Electronic Signatures are used to
authenticate electronic records.
Digital Signatures are one type of electronic
signatures. Digital Signatures satisfy three
major legal requirements:
• Signer authentication;
• Message authentication; and
• Message integrity.
The technology and efficiency of digital
signatures makes them more trustworthy than
hand written signatures.
CYBERLAW - AN OVERVIEW
• Intellectual property refers to creations
of the human mind e.g. a story, a song, a
painting, a design etc.

• The facets of intellectual property that


relate to cyber space are covered by
Cyber law.
CYBERLAW - AN OVERVIEW
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.
• Semiconductor law which relates to the
protection of semiconductor integrated circuits
design and layouts.
• Patent law in relation to computer hardware
and software.
CYBERLAW - AN OVERVIEW
• 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
privacy caused by collecting, storing and
transmitting data using new technologies.
CYBERLAW - AN OVERVIEW
Need for Cyber Law:
• 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 volumes
every second.
• Cyberspace is open to participation by all.
CYBERLAW - AN OVERVIEW
• Cyberspace offers enormous potential for
anonymity to its members.
• Cyberspace offers never-seen-before
economic efficiency.
• Electronic information has become the main
object of cyber crime.
• Here the “original” information, so to say,
remains in the “possession” of the “owner”
and yet information gets stolen.
CYBERLAW - AN OVERVIEW
• 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 provide
legal 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.
CYBERLAW - AN OVERVIEW
• The Information Technology
Amendment Act, 2008 (IT Act 2008)
has been passed by the parliament on
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.
CYBERLAW - AN OVERVIEW
• ITA 2008, as the new version of
Information Technology Act 2000 is
often referred, has provided additional
focus on Information Security.
• It has added several new sections on
offences including Cyber Terrorism
and Data Protection.
CYBERLAW - AN OVERVIEW
• In the 2008 version of the Act, there are
124 sections (excluding 5 sections that
have been omitted from the earlier
version) and 14 chapters.
• Schedule I and II have been replaced.
• Schedules III and IV are deleted.
CYBERLAW - AN OVERVIEW
Salient features of the Amendment Act:
• The term “digital signature” has been
replaced with “electronic signature” to make
the Act more technology neutral.
• A new section 10A has been inserted to the
effect that contracts concluded electronically
shall not be deemed to be unenforceable
solely on the ground that electronic form or
means was used.
CYBERLAW - AN OVERVIEW
• 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, identity
theft, cheating by impersonation using
computer resource, violation of privacy &
cyber terrorism.
CYBERLAW - AN OVERVIEW
• 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/ transmitting
of material containing sexually explicit act
and child pornography in electronic form.
CYBERLAW - AN OVERVIEW
• In view of the increasing threat of terrorism,
amended section 69 giving power to the state
to direct interception or monitoring of
decryption of any information through any
computer resource.
• Sections 69 A and B, grant power to the state
to direct blocking for public access of any
information through any computer resource
and to authorize to monitor and collect
traffic data or information through any
computer resource for cyber security.
CYBERLAW - AN OVERVIEW
• 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 81
which states that the provisions of the Act shall
have overriding effect.
THANKS

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