CYBER LAW IN INDIA

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Presentation Transcript

WHAT IS CYBER LAW?:

WHAT IS CYBER LAW? Rapid growth of the Internet and cyberspace It refers to all legal and regulatory aspects of internet and the world wide web. Thus Cyber space is governed by a system of law and regulations called cyber law. It include the IPR, PRIVACY LAWS…

NEED & IMPORTANCE OF CYBER LAWS:

NEED & IMPORTANCE OF CYBER LAWS Tackling Cyber Crime Successful and smooth functioning of e –commerce and virtual communication No Jurisdictional Boundaries.

Slide 3:

Increasing use of Net banking and Mobile banking Cloud Computing is proving to be a major threat Economic Efficiency

A MODERN PROVERB:

A MODERN PROVERB " 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

TYPES OF CYBER CRIME:

TYPES OF CYBER CRIME Against Individual :- Harassments via emails Cyber stalking Spam

Slide 6:

Against society :- Pornography Trafficking Cyber terrorism Against Organization :- Pirated software Unauthorized information

CYBER CRIME:

CYBER CRIME The Computer as a Target. e.g. Hacking, Virus/Worm attacks, DOS attack etc. The Computer as a Weapon. e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.

AREAS COVERED UNDER CYBER LAW:

AREAS COVERED UNDER CYBER LAW These include : Copyright law Software Trademark law Patent law Data Protection and Privacy Laws

SOME OTHER CONCEPTS:

SOME OTHER CONCEPTS These concepts are not included in the IT Act, 2000. Shareware Freeware Public domain software

INFORMATION TECHNOLOGY ACT, 2000:

INFORMATION TECHNOLOGY ACT, 2000 12 th nation in the world to enact a Cyber law. Came into existence on October 17, 2000

Slide 11:

OBJECTIVES To provide legal frame work and infrastructure for e-commerce and INTERNET. Also so that legal sanctity is accorded to all electronic records and other activities carried out by electronic means.

ESSENCE OF THE ACT:

ESSENCE OF THE ACT Legal recognition Electronic filling Electronic contract Authentication of electronic records

ADVANTAGES:

ADVANTAGES Helpful to promote e-commerce Enhance the Corporate Business Filling Online Forms

Slide 14:

High penalty for Cyber Crime E – governance Statutory remedy to Corporates

SHORTCOMINGS OF I.T. ACT, 2000:

SHORTCOMINGS OF I.T. ACT, 2000 No protection for Domain Names. The act is not applicable on the IPR, Trademarks, Copyrights and Patents. No right to insist on Electronic Filling Regulations of Payments

DIGITAL SIGNATURES:

DIGITAL SIGNATURES Authentication using a Digital Signature (chapter 2) Verification of Digital Signatures Legal recognition of the Digital Signatures

ARIF AZIM CASE :

ARIF AZIM CASE First case of cyber crime conviction in india Sony- sambandh.Com,website enabled NRIS to send sony products in india In may 2002 someone under the identity of barbara campa logged in and ordered a few items. A lady gave her credit card number for payment and requested that the products be delivered to arif azim in noida . . The payment was duly cleared by the credit card agency and the transaction processed. Card agency informed the company that this was an unauthorized transaction as the real owner had denied having made the purchase.

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Company lodged a complaint for online cheating at the CBI Investigation and arif azim was arrested. Investigations revealed that arif azim , while working at a call centre in noida gained access to the credit card number of an american national which he misused on the company’s site. The accused admitted his guilt and he was convicted under section 418, 419 and 420 of the indian penal code — this being the first time that a cyber crime has been convicted. Punishment- the court released the accused on probation for one year.

Conclusion :

Conclusion We gather from all the above information that cyber laws are very necessary in any country for the proper regulation of Internet activities. The Information Technology Act, 2000 is a historical step taken by the country to solve the problem of increasing number of cyber crimes. Although this act covers a lot of areas, it also has its shortcomings and thus, a few amendments are needed for correct regulation of cyber crimes.