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It act law ppt It act law ppt Presentation Transcript

  • Information Technology Act 2000 Shikha Sachdev Karan Bhatia Kunal Khatwani Akshat Agarwal Vishesh Dalal
  • IT Act, 2000 Enacted on 17th May 2000- India is 12th nation in the world to adopt cyber laws IT Act is based on Model law on e- commerce adopted by UNCITRAL
  • Objectives of the IT 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“ To facilitate electronic filing of documents with Government agencies and E-Payments To amend the Indian Penal Code, Indian Evidence Act,1872, the Banker’s Books Evidence Act 1891,Reserve Bank of India Act ,1934
  • Extent of application Extends to whole of India and also applies to any offence or contravention there under committed outside India by any person {section 1 (2)} read with Section 75- Act applies to offence or contravention committed outside India by any person irrespective of his nationality, if such act involves a computer, computer system or network located in India
  • Definitions ( section 2)  "electronic record" means date, record or date generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;  “secure system” means computer hardware, software, and procedure that-  (a)    are reasonably secure from unauthorized access and misuse; (b)   provide a reasonable level of reliability and correct operation; (c)    are reasonably suited to performing the intended function; and (d) adhere to generally accepted security procedures  “security procedure” means the security procedure prescribed by the Central Government under the IT Act, 2000.  secure electronic record – where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification
  • Act is not applicable to…  (a) a negotiable instrument (Other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881;  (b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;  (c) a trust as defined in section 3 of the Indian Trusts Act, 1882;
  • Act is not applicable to… (d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition (e) any contract for the sale or conveyance of immovable property or any interest in such property; (f) any such class of documents or transactions as may be notified by the Central Government
  • DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
  • DIGITAL SIGNATURE Digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure. CREATION OF DIGITAL SIGNATURE To sign an electronic record or any other item of information the signer shall first apply the hash function in the signers software. The signers software transform the hash result into a digital signature using signers private key. The digital signature shall be attached to its electronic record and stored or transmitted with the electronic record.
  • Manner in which information be authenticated by means of digital signature :  A digital signature shall- a.Be created and verified by cryptography b.Use what is known as “PUBLIC KEY CRYPTOGRAPHY”. Verification of digital signature Verification means to determine whether:- a.The initial electronic record was affixed. b.The initial electronic record is retained.
  • DIGITAL SIGNATURE CERTIFICATE REPRESENATION UPON ISSUANCE OF DIGITAL SIGNATURE CERTIFICATE EXPIRY OF DIGITAL SIGNATURE CERTIFICATE FEES FOR ISSUE OF DIGITAL SIGNATURE CERTIFICATE CONTENT OF DIGITAL SIGNATURE CERTIFICATE
  • GENERATION OF DIGITAL SIGNATURE CERTIFICATE COMPROMISE OF DIGITAL SIGNATURE CERTIFICATE SUSPENSION OF DIGITAL SIGNATURE CERTIFICATE. ARCHIVAL OF DIGITAL SIGNATURE CERTIFICATE
  • ELECTRONIC SIGNATURE Electronic signature means authentication of any electronic record by a subscriber of the electronic technique specified in the second schedule and includes digital signature. The electronic signature was adopted by the United Nation Commission on International Trade Law in the year 2001 which came into force from 27.10.2009
  • Rules In Respect Of Electronic Signature : Electronic Signature Certificate Certification Practice Statement SUBSCRIBER Subscriber means a person in whose name the digital/electronic signature certificate is issued. The method used to verify and authenticate the identity of a subscriber is known as “Subscriber Identity Verification Method”. Duties Of Subscriber 1.Generating key pair 2.On acceptance of Digital Signature Certificate 3.Control of private key
  • Electronic Governance & Electronic Records
  • Electronic Commerce EC transactions over the Internet include  Formation of Contracts  Delivery of Information and Services  Delivery of Content Future of Electronic Commerce depends on “the trust that the transacting parties place in the security of the transmission and content of their communications”
  • Electronic World  Electronic document produced by a computer. Stored in digital form, and cannot be perceived without using a computer  It can be deleted, modified and rewritten without leaving a mark  Integrity of an electronic document is “genetically” impossible to verify  A copy is indistinguishable from the original  It can’t be sealed in the traditional way, where the author affixes his signature  The functions of identification, declaration, proof of electronic documents carried out using a digital signature based on cryptography.
  • Electronic World  Digital signatures created and verified using cryptography  Public key System based on Asymmetric keys  An algorithm generates two different and related keys  Public key  Private Key  Private key used to digitally sign.  Public key used to verify.
  • Public Key Infrastructure Allow parties to have free access to the signer’s public key This assures that the public key corresponds to the signer’s private key Trust between parties as if they know one another Parties with no trading partner agreements, operating on open networks, need to have highest level of trust in one another
  • Government has to provide the definition of the structure of PKI the number of levels of authority and their juridical form (public or private certification) which authorities are allowed to issue key pairs the extent to which the use of cryptography should be authorised for confidentiality purposes whether the Central Authority should have access to the encrypted information; when and how the key length, its security standard and its time validity Role of the Government
  • Certificate based Key Management  Operated by trusted-third party - CA  Provides Trading Partners Certificates  Notarises the relationship between a public key and its owner CA User A User B CA A B CA A CA B
  • Section 4- Legal recognition of Electronic Records  If any information is required in printed or written form under any law the Information provided in electronic form, which is accessible so as to be usable for subsequent use, shall be deemed to satisfy the requirement of presenting the document in writing or printed form.
  • Sections 5, 6 & 7  Legal recognition of Digital Signatures  Use of Electronic Records in Government & Its Agencies  Publications of rules and regulations in the Electronic Gazette.  Retention of Electronic Records  Accessibility of information, same format, particulars of dispatch, origin, destination, time stamp ,etc
  • CCA has to regulate the functioning of CAs in the country by- Licensing Certifying Authorities (CAs) under section 21 of the IT Act and exercising supervision over their activities. Certifying the public keys of the CAs, i.e. their Digital Signature Certificates more commonly known as Public Key Certificates (PKCs). Laying down the standards to be maintained by the CAs, Addressing the issues related to the licensing process
  • The licensing process  Examining the application and accompanying documents as provided in sections 21 to 24 of the IT Act, and all the Rules and Regulations there- under;  Approving the Certification Practice Statement(CPS);  Auditing the physical and technical infrastructure of the applicants through a panel of auditors maintained by the CCA.
  • Audit Process  Adequacy of security policies and implementation thereof;  Existence of adequate physical security;  Evaluation of functionalities in technology as it supports CA operations;  CA’s services administration processes and procedures;  Compliance to relevant CPS as approved and provided by the Controller;  Adequacy to contracts/agreements for all outsourced CA operations;  Adherence to Information Technology Act 2000, the rules and regulations thereunder, and guidelines issued by the Controller from time-to-time.
  • ADJUDICATION, PENALTIES AND COMPENSATION
  • ADJUDICATION  Every Adjudicating Officer shall have the powers of a Civil Court which are conferred on the Cyber Appellate Tribunal and all proceedings before the Adjudicating Officer shall be deemed to be a Civil Court. [sec 46].  While Adjudging the quantum of compensation, the Adjudicating Officer shall have due regard to the following factors: I. the amount of unfair advantage, wherever quantifiable, made as a result of the default. II.The amount of the loss caused to any person as a result of the default. III.The repetitive nature of the default. [sec 47].
  • ADJUDICATION  Officer not below the rank of a director to the government or an equivalent officer of a State Government, possessing the prescribed experience in the field of Information technology and legal or judicial experience, shall be appointed as an Adjudicating Officer by the CG to adjudge whether any person has committed a contravention of any of the provisions of the Act, or of any rule, regulation, direction or order made thereunder which renders him liable to pay penalty or compensation  The claim for injury or damage should not exceed rupees five crores.  The jurisdiction in respect to claim for injury or damage exceeding rupees five crores shall vest with competent court.  Person liable to pay shall be given a reasonable opportunity for making representation in the matter.  After such an inquiry, if the adjudicating officer is satisfied that the person is liable to pay he may impose the penalty he thinks fit in accordance with the provisions of the applicable section
  • OFFENCES, COMPENSATION AND PENALTIES 1. Penalty and compensation for damage to computer, computer system etc: If any person, without permission of the owner or any other person who is in charge of the computer, computer system or computer network – a. Accesses or secures access to such computer, computer system or computer network; b. Downloads, copies, extracts any data, computer database, or information; c. Introduces any computer virus; d. Damages or causes to damage the computer; e. Disrupts or causes disruption; f. Denies or causes to denial of access to any person authorized to access; g. Steals,conceals,destroys . (Upto 3 yrs or upto upto 5 lacs or both)
  • Microsoft Excel Worksheet
  • TYPES OF CYBER CRIMES  Cyber terrorism  Cyber pornography  Defamation  Cyber stalking (section 509 IPC)  Sale of illegal articles-narcotics, weapons, wildlife  Online gambling  Intellectual Property crimes- software piracy, copyright infringement, trademarks violations, theft of computer source code  Email spoofing  Forgery  Phising  Credit card frauds Crime against property Crime against Government Crime against persons © Seth Associates, 2008 All Rights Reserved
  • TYPES OF CYBER CRIMES Cyber crimes Hacking Information Theft E-mail bombing Salami attacks Denial of Service attacks Trojan attacks Web jacking © Seth Associates, 2008 All Rights Reserved
  • Frequency of reporting Cybercrime in India During the year 2005, 179 cases were registered under IT Act as compared to 68 cases during 2004 21.2% cases reported from Karnataka, followed by Maharashtra(26) , Tamil Nadu(22) and Chhattisgarh and Rajasthan (18 each) out of 179 cases, 50% were related to Section 67 IT Act.,125 persons were arrested. 74 cases of hacking were reported wherein 41 were arrested. © Seth Associates, 2008 All Rights Reserved
  • Section 65: Source Code Most important asset of software companies “Computer Source Code" means the listing of programmes, computer commands, design and layout Ingredients Knowledge or intention Concealment, destruction, alteration computer source code required to be kept or maintained by law Punishment imprisonment up to three years and / or  fine up to Rs. 2 lakh
  • Section 66: Hacking • Ingredients – Intention or Knowledge to cause wrongful loss or damage to the public or any person – Destruction, deletion, alteration, diminishing value or utility or injuriously affecting information residing in a computer resource • 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 alterationSection 66 covers data theft aswell as data alteration
  • Sec. 67. Pornography  Ingredients  Publishing or transmitting or causing to be published  in the electronic form,  Obscene material  Punishment  On first conviction  imprisonment of either description up to five years and  fine up to Rs. 1 lakh  On subsequent conviction  imprisonment of either description up to ten years and  fine up to Rs. 2 lakh  Section covers  Internet Service Providers,  Search engines,  Pornographic websites  Cognizable, Non-Bailable, JMIC/ Court of Sessions
  • THANK YOUShikha Sachdev Karan Bhatia Kunal Khatwani Akshat Agarwal Vishesh Dalal