It Amendments Act

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It Amendments Act

  1. 1. IT ACT AMENDMENTS 2008- WHAT THEY ENTAIL FOR CORPORATE INDIA?
  2. 2. A PRESENTATION BY PAVAN DUGGAL, CHAIRMAN, ASSOCHAM CYBERLAW COMMITTEE ADVOCATE, SUPREME COURT OF INDIA HEAD, PAVAN DUGGAL ASSOCIATES
  3. 3. 22ND JANUARY, 2009 SCAM EMAIL CIRCULATED EXTREMELY DEFAMATORY AND DEROGATORY STATEMENTS EMAILS TRACED DELHI HIGH COURT RESTRAINT ORDER
  4. 4. CYBER LAW IN INDIA In India the Information Technology Act, 2000 is the Mother Legislation that deals with issues related to use of computers, computer systems , computer networks and the Internet.
  5. 5. CYBER LAW IN INDIA Information Technology Amendment Bill, 2006 Referred to Parliamentary Standing Committee on IT Standing Committee Report- 2007 Information Technology Amendment Bill, 2006
  6. 6. IT ACT AMENDMENTS INFORMATION TECHNOLOGY AMENDMENT ACT, 2008 PASSED BY BOTH THE HOUSES OF PARLIAMENT IN END DECEMBER, 2008 HISTORY REPEATS ITSELF.- 2000 /2008
  7. 7. COMPLIMENTS GOVERNMENT OF INDIA AND PARLIAMENTARY STANDING COMMITTEE ON IT NEEDS TO BE COMPLIMENTED FOR ALL THEIR HARD WORK IN MAKING THE NEW AMENDMENTS A REALITY LOT OF MAJOR SIGNIFICANT ADVANCES MADE BY THE NEW AMENDMENTS
  8. 8. TECHNOLOGY NEUTRAL LAW Amendments have made the Information Technology Act, 2000 as a technology neutral legislation instead of, digital signatures, the law has come up with a more broad generic concept of electronic signatures paved the way for removing the implementation of the IT Act by removing certain undesirable wordings in some sections
  9. 9. CYBER TERRORISM for the first time, defined the concept of cyber terrorism and has made it a heinous crime. cyber terrorism as an offence that has been made punishable with life imprisonment and fine. This move should do tremendous service to the cause of the Indian nation as also the sovereignty , integrity and security of India. Highly commendable move after Mumbai 26/11/ attacks
  10. 10. NEW CYBERCRIMES ADDED provide far more exhaustive coverage of cybercrimes in the law. Various new cybercrimes have been added like the activities defined in Section 43 of the IT Act, 2000. The new amendments have added identity theft and phishing as cybercrimes . have also covered breach of privacy, child pornography as specific offences.
  11. 11. INTERCEPTION The new amendments have strengthened the hands of the nation by increasing the ambit of the powers of interception of the Government, Interception, blocking and monitoring powers have been more detailed and elaborately stated.
  12. 12. IT ACT AMENDMENTS & CORPORATES HUGE RAMIFICATIONS OF THE NEW AMENDMENTS ON CORPORATE INDIA LAW HAS BEGUN TO FLEX ITS MUSCLES THE CLOCK IS SLOWLY CHURNING
  13. 13. SECTION 2 (ha)“Communication Device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;’; (J)“computer network” means the inter- connection of one or more computers or computer systems or communication device through
  14. 14. SECTION 2 (i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and (ii) terminals or a complex consisting of two or more inter-connected computers or communication device whether or not the inter-connection is continuously maintained;’;
  15. 15. HACKING NO LONGER AN OFFENCE HACKING AS AN OFFENCE HAS BEEN DELETED FROM THE LAW BOOK. EXISTING SECTION 66 OF THE IT ACT, 2000 THE SAID SECTION HAS BEEN SUBSTITUTED BY NEW LANGUAGE EXISTING LANGUAGE OF THE OFFENCE OF HACKING DOES NOT FIND MENTION IN THE CURRENT MANNER
  16. 16. YOUR FRIENDLY CYBERCRIME LEGISLATION AMENDMENTS SEEK TO MAKE INDIAN CYBERLAW FRIENDLY CYBER CRIME LEGISLATION: - A LEGISLATION THAT GOES EXTREMELY SOFT ON CYBER CRIMINALS, WITH A SOFT HEART
  17. 17. CYBERCRIME FRIENDLY A LEGISLATION THAT CHOOSES TO ENCOURAGE CYBER CRIMINALS BY LESSENING THE QUANTUM OF PUNISHMENT ACCORDED TO THEM IN THE EXISTING LAWS
  18. 18. CYBERCRIMES BALIABLE DISTINCT ABSENCE OF LOGIC AND RATIONALE IN REDUCING OF THE QUANTUM OF PUNISHMENTS FOR VARIOUS OFFENCES NOW CYBERCRIMES TO BE INVESTIGATED NOT BY A DSP BUT BY AN INSPECTOR
  19. 19. SECTION 6 A Delivery of Services by Service Provider (Inserted vide ITAA-2008) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorize, by order, any service provider to set up, maintain and upgrade the computerized facilities and perform such other services as it may specify, by notification in the Official Gazette.
  20. 20. SECTION 6 A (Contd.) Explanation: For the purposes of this section, service provider so authorized includes any individual, private agency, private company, partnership firm, sole proprietor form or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.
  21. 21. SECTION 6 A (Contd.) The appropriate Government may also authorize any service provider authorized under sub-section (1) to collect, retain and appropriate service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.
  22. 22. SECTION 6 A (Contd.) Subject to the provisions of sub-section (2), the appropriate Government may authorize the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.
  23. 23. SECTION 6 A (Contd.) The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: Provided that the appropriate Government may specify different scale of service charges for different types of services.
  24. 24. SECTION 43 A Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, to the person so affected.
  25. 25. SECTION 43 A (contd.) Explanation: For the purposes of this section quot;body corporatequot; means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities
  26. 26. SECTION 43 A (contd.) quot;reasonable security practices and proceduresquot; means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.
  27. 27. SECTION 43 A (contd.) quot;Sensitive personal data or informationquot; means such personal information as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.
  28. 28. SECTION 79 Exemption from liability of intermediary in certain cases . Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub- sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made hosted by him.
  29. 29. SECTION 79 (contd.) The provisions of sub-section (1) shall apply if- (a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored; or
  30. 30. SECTION 79 (contd.) (b) the intermediary does not- (i) initiate the transmission, (ii) select the receiver of the transmission, and (iii) select or modify the information contained in the transmission
  31. 31. SECTION 79 (contd.) (c) The intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf
  32. 32. SECTION 79 (contd.) The provisions of sub-section (1) shall not apply if- (a) the intermediary has conspired or abetted or aided or induced whether by threats or promise or otherwise in the commission of the unlawful act.
  33. 33. SECTION 79 (contd.) (b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.
  34. 34. SECTION 79 (contd.) Explanation:- For the purpose of this section, the expression quot;third party informationquot; means any information dealt with by an intermediary in his capacity as an intermediary.
  35. 35. E-HAFTA AND CORPORATE INDIA INSPECTOR RAJ IN CYBERCRIME SCENARIO CONCEPT OF E-HAFTA WILL TAKE CONCRETE FEET CONCERNS OF CORPORATE INDIA REGARDING THEIR CONFIDENTIAL DATA AND INFORMATION NOT ADDRESSED
  36. 36. NEED OF THE HOUR NEED TO PROTECT YOURSELF TRY TO ADOPT CYBER SECURITY PRACTICES PREVENTION IS BETTER THAN CURE FOCUS ON PROACTIVE ACTION
  37. 37. NEW CHALLENGES SOCIAL NETWORKING P2P USER GENERATED CONTENT SPYWARE AND MALWARE E-DISCOVERY
  38. 38. INTERMEDIARIES & DUE DILIGENCE ALL COMPANIES COMING WITHIN THE DEFINITION OF INTERMEDIARIES NEED TO DO DUE DILIGENCE DUE DILIGENCE CRITICAL FOR LIMITATION OF LIABILITY DUE DILIGENCE NEEDS TO BE DOCUMENTED AND BE READILY AVAILABLE
  39. 39. PAVAN DUGGAL DUE DILIGENCE PROGRAMME, 2009 PAVAN DUGGAL DUE DILIGENCE PROGRAMME VERSION 2009 CONDUCTED BY PAVAN DUGGAL ASSOCIATES, INDIA’S NICHE TECHNOLOGY LAW FIRM AN ASBOLUTE MUST FOR ALL INTERMEDIARIES AND COMPANIES
  40. 40. PAVAN DUGGAL DUE DILIGENCE PROGRAMME, 2009 EXHAUSTIVE DUE DILIGENCE DONE FOR ALL STAKEHOLDERS NO REINEVENTION OF THE WHEEL PROACTIVE PROTECTION KEEING IN THE MIND THE CUSTOMIZED REQUIREMENTS OF THE RELEVANT LEGAL ENTITY
  41. 41. PAVAN DUGGAL DUE DILIGENCE PROGRAMME, 2009 CRITICAL FOR COMPANIES AND THEIR TOP MANAGEMENT TO GET THE SAID DUE DILGENCE DONE NEED TO LIMIT POTENTIAL LEGAL EXPOSURE , BOTH CIVIL AND CRIMINAL, FOR THE COMPANIES AND THEIR TOP MANAGEMENTS
  42. 42. CYBERLAWS.NET SURVEY ON E- COMPLIANCE Generate awareness & orientation about the compliance requirements of Indian Cyber Law Sensitize people about : The level of compliances of their respective organizations pertaining to Indian Cyber Law. Possibility of exposures to potential risks.
  43. 43. CYBERLAWS.NET SURVEY ON E-COMPLIANCE
  44. 44. CYBERLAWS.NET SURVEY ON E-COMPLIANCE ( contd)
  45. 45. CYBERLAWS.NET SURVEY ON E-COMPLIANCE( contd) To take the survey & know your present compliance situation visit the following web address : http://cyberlaws.net/ecompliance
  46. 46. IT Act Amendments, December 2008
  47. 47. IT Act Amendments, 2008 For details visit: www.cyberlaws.net/itamendments Or www.cyberlawindia.com
  48. 48. A PRESENTATION BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA PAVAN DUGGAL ASSOCIATES EMAIL : pduggal@vsnl.com pduggal@gmail.com

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