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Edit Comment Close Premium member Presentation Transcript Cyber Laws : Cyber Laws PRESENTED BY DHEERAJ BHARDWAJ MASMS, jaipur Slide 2: THE INFORMATION TECHNOLOGY ACT, 2000 [9th June, 2000] An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies. Slide 3: CHAPTER I (1)This Act may be called the Information Technology Act, 2000. (2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention there under committed outside India by any person. Slide 4: 2. Definitions (1) In this Act, unless the context otherwise requires, — "access" with means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network. Slide 5: "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary. "affixing digital signature“ means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature. Slide 6: "asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature. "Certifying Authority" means a person who has been granted a licence to issue a Digital Signature Certificate under section 24. Slide 7: "computer" means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network. Slide 8: "computer network" means the interconnection of one or more computers through— (i) the use of satellite, microwave, terrestrial line or other communication media; and (ii) terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained. "computer resource" means computer, computer system, computer network, data, computer data base or software. Slide 9: “Computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions. Slide 10: "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer. Slide 11: "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3. "Digital Signature Certificate" means a Digital Signature Certificate issued under subsection (4) of section 35. "electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film. Slide 12: "electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film. "information" includes data, text, images, sound, voice, codes, computer programmes,software and databases or micro film. "key pair", in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key; Slide 13: CHAPTER II DIGITAL SIGNATURE 3. Authentication of electronic records. (1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. (2) The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record. Slide 14: CHAPTER III ELECTRONIC GOVERNANCE 4. Legal recognition of electronic records. 5. Legal recognition of digital signatures. 6. Use of electronic records and digital signatures in Government and its agencies. 7. Retention of electronic records. 8. Publication of rule, regulation, etc., in Electronic Gazette. Slide 15: CHAPTER IV ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS 11. Attribution of electronic records. An electronic record shall be attributed to the originator— (a) if it was sent by the originator himself; (b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or (c) by an information system programmed by or on behalf of the originator to operate automatically. Slide 16: 12. Acknowledgment of receipt. an acknowledgment may be given by— (a) any communication by the addressee, automated or otherwise or (b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. 13. Time and place of despatch and receipt of electronic record. Slide 17: CHAPTER V SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES 14. Secure electronic record. 15. Secure digital signature. If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was— (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; Slide 18: (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature. Slide 19: CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES 17. Appointment of Controller and other officers. (1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may also by the same or subsequent notification appoint such number of Deputy Controllers and Assistant Controllers as it deems fit. Slide 20: 18. Functions of Controller. The Controller may perform all or any of the following functions, namely:— (a) exercising supervision over the activities of the Certifying Authorities; (b) certifying public keys of the Certifying Authorities; 20. Controller to act as repository. (1) The Controller shall be the repository of all Digital Signature Certificates issued under this Act. (2) The Controller shall— (a) make use of hardware, software and procedures that are secure Slide 21: 29. Access to computers and data. (1)Without prejudice to the provisions of sub-section (1) of section 69, the Controller or any person authorised by him shall, if he has reasonable cause to suspect that any contravention of the provisions of this Act, rules or regulations made there under has been committed, have access to any computer system, any apparatus, data or any other material connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system. Slide 22: CHAPTER VII DIGITAL SIGNATURE CERTIFICATES 35. Certifying Authority to issue Digital Signature Certificate. (1) Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government. Slide 23: CHAPTER VIII DUTIES OF SUBSCRIBERS 40. Generating key pair. Where any Digital Signature Certificate, the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber, then, the subscriber shall generate the key pair by applying the security procedure. 41. Acceptance of Digital Signature Certificate. 42. Control of private key. Slide 24: CHAPTER IX PENALTIES AND ADJUDICATION 43. Penalty for damage to computer, computer system, etc. If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network, — (a) accesses or secures access to such computer, computer system or computer network; (b) downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium. Slide 25: (f) denies or causes the denial of access to any person authorized to access any computer, computer system or computer network by any means; he shall be liable to pay damages by way of compensation. Slide 26: CHAPTER X THE CYBER REGULATIONS APPELLATE TRIBUNAL 48. Establishment of Cyber Appellate Tribunal. (1) The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal. 58. Procedure and powers of the Cyber Appellate Tribunal. (1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules. Slide 27: CHAPTER XI OFFENCES 65. Tampering with computer source documents. Whoever knowingly or intentionally destroys or alters or intentionally or knowingly causes another to destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. Slide 28: Explanation.—For the purposes of this section, "computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form. Slide 29: CHAPTER XII NETWORK SERVICE PROVIDERS NOT TO BE LIABLE IN CERTAIN CASES 79. Network service providers not to be liable in certain cases. For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act. (a)"network service provider" means an intermediary; Slide 30: CHAPTER XIII MISCELLANEOUS 80. Power of police officer and other officers to enter, search, etc. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a Deputy Superintendent of Police, or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspected or having committed or of committing or of being about to commit any offence under this Act. Slide 31: Explanation.—For the purposes of this sub-section, the expression "public place“ includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public. You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.