INFORMATION TECHNOLOGY ACT & CYBER CRIMEPresented By-Roll No 01:Yogendra Wagh Roll No 03:Sadanand InamdarRoll No 05:Poonam Gawade Roll No 07:Ravi KondaRoll No 09:Ronald Patrick Roll No 11:Ganesh SatheRoll No 13:Ritesh Singh Roll No 15:Pravin Sawant
Birth of Cyber LawsThe United Nations General Assembly have adopted the Model Law on Electronic Commerce on 30th January 1997.It is referred to as the “UNCITRAL Model Law on E-Commerce”.Enacted on 17th May 2000- India is 12th nation in the world to adopt cyber laws.India passed the Information Technology Act, 2000 on 17th October, 2000.Amended on 27th October 2009. Amended Act is known as - The Information Technology (amendment) Act, 2008.
THE IT ACT, 2000 –OBJECTIVES 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", involving the use of alternatives to paper-based methods of communication and storage of information, To facilitate electronic filing of documents with the Government agencies To amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934
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; (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
Terms under IT ACT 2000• "Adjudicating officer“• "Digital signature"• "Affixing digital signature;• "Appropriate Government“• "Certifying Authority"• "Cyber Appellate Tribunal"• "Electronic form"• "Secure system“• "Electronic Gazette"
Impact on banking Sector Pressure from competition and regulatory environment . Threat of Competition and Retaining Customer Base. IT used for Communication, Connectivity and Business Process Re- engineering. Improve efficiency of money, capital and foreign exchange markets. Lead to convergence of computer and communication technology to enable TBA.
Cyber Law: Indian Culture And Government’s Role“Any criminal activity that uses a computer either as an instrumentality, target or a meansfor perpetuating further crimes comes within the ambit of cyber crime”Need of Cyber Crime Law:•Cyber space is an intangible and provides an extreme mobility events taking place on the internet are not happening in the locations where participants or servers are physically located, but "in cyberspace".•Cyber space offers great economic efficiency. Billions of dollars worth of software can be traded over the Internet without the need for any government licenses, shipping and handling charges and without paying any customs duty.•Cyber space has Complete disrespect for national boundaries. A person in India could break into a bank’s electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank in Switzerland, all within minutes. All he would need is a laptop computer and a cell phone.•Cyber space is absolutely open to participation by all. A ten year-old to an eighty year-old grand mother without any regard for the distance or the anonymity between them.
TYPES OF CYBER CRIMES• Cyber terrorism• Cyber pornography• Defamation Crime against Government• Cyber stalking (section 509 IPC)• Sale of illegal articles-narcotics, weapons, wildlife• Online gambling Crime against persons• Intellectual Property crimes- software piracy, copyright infringement, trademarks violations, theft of computer source code• Email spoofing Crime against property• Forgery• Phising• Credit card frauds
CYBER CRIMES : CLASSIFICATIONAgainst Individuals: – Against Organization ( Government / Pvti. Harassment via e-mails. Firm/ Company): -ii. Cyber-stalking. i. Unauthorized control/access over computeriii. Dissemination of obscene material. systemiv. Defamation. ii. Possession of unauthorized information.v. Unauthorized control/access over iii. Cyber terrorism against the governmentcomputer system. organization.vi. Indecent exposure iv. Distribution of pirated software etc.vii. Email spoofing viii. Cheating & FraudAgainst Individual Property: - Against Society at large: -i. Computer vandalism. i. Pornography (basically child pornography).ii. Transmitting virus. ii. Polluting the youth through indecentiii. Netrespass exposure.iv. Unauthorized control/access over iii. Traffickingcomputer system. iv. Financial crimesv. Intellectual Property crimes v. Sale of illegal articlesvi. Internet time thefts vi. Online gambling vii. Forgery
CYBER CRIME CASES REGISTERED & PERSONARRESTED UNDER IT ACT (2006-2009)
Cybercrime provisions under IT Act,2000Tampering with Computer source documents Sec.65Hacking with Computer systems, Data alteration Sec.66Publishing obscene information Sec.67Un-authorized access to protected system Sec.70Breach of Confidentiality and Privacy Sec.72Publishing false digital signature certificates Sec.73
Amendment of IT Act 2000• Criminal Provisions : Section 66(A) Section 66 •Sending of offensive or false• Provision has been messages - new provision significantly changed.• Under IT Act, 2008 all the acts referred under section 43, are •Also known as “Cyber also covered u/Sec. 66 if they Stalking” are done “dishonestly” or “fraudulently”. •Covers sending of menacing,• Many cybercrimes on which offensive or false messages via there were no express SMS/EMAIL/MMS provisions made in the IT Act, 2000 are now included in the IT Act, 2008. •Punishment – imprisonment up to 3 years and fine
Cont…….. • Section 66(B) • Section 66(C) • Dishonestly receiving stolen • Identity theft - new computer resource or provision communication device - new • Fraudulently or dishonestly provision using someone else’s electronic signature, • Also covers use of password or any other stolen Computers, unique identification mobile phones, SIM feature Cards, etc • Punishment - imprisonment • Punishment – upto 3 years and fine upto imprisonment upto 3 Rs. 1 lakh years or fine upto Rs. 1 lakh or both
Cont……….•Section 66(E) •Section 66(F)•Violation of privacy - new provision •Cyber terrorism - new provision•Popularly known as Voyeurism •Whoever uses cyberspace with intent to threaten the unity, integrity,•Pune spy cam incident where a 58- security or sovereignty of India or toyear old man was arrested for strike terror in the peopleinstalling spy cameras in his house to‘snoop’ on his young lady tenants •Punishment - Imprisonment which may extent to life imprisonment•Covers acts like hiding cameras inchanging rooms, hotel rooms, etc•Punishment –imprisonment upto 3years or fine upto Rs. 2 lakh or both
Cyber Pornography • Section 67 • Publishing or transmitting obscene material in electronic form • Punishment – First instance - imprisonment up to 3 years and fine up to Rs. 5 lakh. Subsequent - imprisonment up to 5 years and fine up to Rs. 10 lakh. • Section 67(A) – new provision • Publishing or transmitting sexually explicit acts in the electronic form • Similarity with Sec. 292 IPC • Punishment – First instance - imprisonment upto 5 years Subsequent - imprisonment up to 7 years Fine up to Rs. 10 lakh.
Cont……. • Section 67(B) – new provision • Creating, collecting, browsing, downloading, etc of Child Pornography • Punishment – First instance - imprisonment up to 5 years. Subsequent – imprisonment up to 7 years Fine up to Rs. 10 lakh. • Preservation of information by intermediaries Section 67(C) – new provision • Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
Famous BPO Cyber Crime Cases• The recently reported case of a Bank Fraud in Pune in which some ex employees of BPO arm of MPhasis Ltd MsourcE, defrauded US Customers of Citi Bank to the tune of RS 1.5 crores has raised concerns of many kinds including the role of "Data Protection".• The crime was obviously committed using "Unauthorized Access" to the "Electronic Account Space" of the customers. It is therefore firmly within the domain of "Cyber Crimes".
Ahmadabad Blast : Haywood Five minutes before the blast, an e-mails sent to national TV channels warning about blasts in Ahmedabad. The e-mail is traced to Kenneth Haywood’s computer, who stayed at Gunina apartment in Navi Mumbai. Haywood claimed that his computer was hacked. A technician associated with VSNL had asked him not to change the password of his wireless Internet network. Haywood’s laptop and computer was then sent to the forensic science laboratory at Kalina. Wi-Fi system used to hack Haywoods account to send the mail.
Parliament Attack CaseThe Laptop seized from the gunned down terrorist containedseveral evidences of terrorist’s motives. The sticker of theMinistry of home that they had made on the laptop and pastedon their ambassador car to gain entry into the parliament houseand the fake ID card that one of the two terrorists was carryingwith the Government of India emblem and seal.
National Association of Software and ServicesCompanies (NASSCOM): • Premier trade body and the chamber of commerce of the IT-BPO industries in India • Not-for-profit organization, registered under the Indian Societies Act, 1860 • NASSCOM is the global trade body with over 1200 members, of which over 250 are global companies from the US, UK, EU, Japan and China • NASSCOMs Vision is to maintain India leadership position in the global offshore IT-BPO industry, to grow the market by enabling industry to tap into emerging opportunity areas and to strengthen the domestic market in India • NASSCOMs Aim to drive the overall growth of the technology and services market and maintain Indias leadership position, by taking up the role of a strategic advisor to the industry. • NASSCOM’S Objective include accelerating trade development efforts, improving talent supply, strengthening local infrastructure, building partnerships and driving operational excellence. NASSCOM is also helping catalyse the process of innovation, IT workforce development and enhancing data security.
NASSCOM Initiative• Diversity and Inclusivity Initiative: The initiative focuses on mentoring and empowering diversity within the workplace with respect to gender, ifferently-abledand multi-cultural workforce.• Domestic IT Market Initiative: The focus is to promote and grow the domestic IT market by driving IT adoption in newer industry verticals and small and medium businesses.• eGovernance Initiative: This initiative aims to be catalyst in eGovernance initiatives and harness ICT for inclusive growth by facilitating collaboration between the industry and government.• Education Initiative: The initiative aims to improve the interface between the IT-BPO industry and academia to ensure availability of globally employable IT-BPO professionals. Specific programmes on enhancing capacity and employment of the workforce are being undertaken.• Green IT Initiative: This initiative is focused on enabling the IT-BPO industry in India to contribute to the environment through technology and adoption of environmentally-friendly infrastructure.
Future course of action:• A broad & inclusive focus is necessary to protect the IT services,• Strategies and Alert mechanism Against cyber attacks,• Creating a global culture of cyber security,• International cooperation at all levels should be developed further,• Establish funding mechanisms to facilitate practical research,• Encouraging states to upgrade, update, notify and educate about cyber laws & cyber attacks,• Participatory approach involving Governments, the private sector and non-governmental organizations,• Include comprehensive curricular on computer related in Academics and impress upon ethical behaviour of professionals,• New recruitment to ensure a sizeable team to combat cyber crime• Law enforcement officials, forensic investigators and experts need to be trained for effective enforcement.• Awareness is important and any incident should be reported at once & Users must try and save any electronic information trail on their computers
COCLUSION:• Indian Laws are well drafted and are capable of handling all kinds of challenges as posed by cyber criminals. However, the enforcement agencies are required to be well versed with the changing technologies and Laws.
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