Professional Documents
Culture Documents
OUTLINE:
WHAT IS CYBER SPACE
Cyberspace is the electronic medium of computer networks, in which online communication takes place.It is the domain of electromagnetics readily identified with the interconnected information technology required to achieve the wide range of system capabilities associated with the transport of communication and control products and services. Current technology integrates a number of capabilities (sensors, signals, connections, transmissions, processors, and controllers) sufficient to generate a virtual interactive experience accessible regardless of a geographic location.
E-Governance
Electronic Filing of Documents
Specifics of the Act Information technology Act 2000 consisted of 94 sections segregated into 13 chapters. Four schedules form part of the Act. 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.
Essence of the Act Information Technology Act 2000 addressed the following issues: Legal Recognition of Electronic Documents Legal Recognition of Digital Signatures Offenses and Contraventions Justice Dispensation Systems for Cyber crimes ITAA 2008 (Information Technology Amendment Act 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.
The Information Technology (Amendment) Act, 2008 The Government of India has brought major amendments to ITA-2000 in form of the Information Technology Amendment Act, 2008. The amendment was passed on 23rd of December 2008 and received the assent of President of India on 5th February, 2009. Criticism lack of legal and procedural safeguards to prevent violation of civil liberties of Indians. Appreciation Issue of Cyber Security.
Section 69 empowers the Central Government/State Government/ its authorized agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence. They can also secure assistance from computer personnel in decrypting data under penalty of imprisonment.
Section 46 IT Act
Section 46 of the IT Act states that an adjudicating officer shall be adjudging whether a person has committed a contravention of any of the provisions of the said Act, by holding an inquiry. Principles of audi alterum partum and natural justice are enshrined in the said section which stipulates that a reasonable opportunity of making a representation shall be granted to the concerned person who is alleged to have violated the provisions of the IT Act. The said Act stipulates that the inquiry will be carried out in the manner as prescribed by the Central Government
All proceedings before him are deemed to be judicial proceedings, every Adjudicating Officer has all powers conferred on civil courts Appeal to cyber Appellate Tribunal- from decision of Controller, Adjudicating Officer {section 57 IT act}
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 alteration
Section covers
Internet Service Providers, Search engines Pornographic websites
Person in charge of the computer resource fails to extend all facilities and technical assistance to decrypt the information-punishment upto 7 years.
Punishment
Imprisonment up to 10 years and fine Cognizable, Non-Bailable, Court of Sessions
Threatening emails are punishable under the provisions of the IPC pertaining to criminal intimidation, insult and annoyance (Chapter XXII), extortion (Chapter XVII)
Email spoofing is covered under provisions of the IPC relating to fraud, cheating by personation (Chapter XVII)
In case of bank records, the provisions of the Bankers Book Evidence Act (as amended by the IT Act) are relevant. Investigation and adjudication of cyber crimes is done in accordance with the provisions of the Code of Criminal Procedure and the IT Act.
The Reserve Bank of India Act was also amended by the IT Act.
Web-Jacking
Online sale of Arms
22
23
At the same time, if the crime is investigated in India under ITA-2000, then the fact that the Bank was not using digital signatures for authenticating the customer instructions is a matter which would amount to gross negligence on the part of the Bank. (However, in this particular case since the victims appear to be US Citizens and the Bank itself is US based, the crime may come under the jurisdiction of the US courts and not Indian Courts).