Scanning the Internet for External Cloud Exposures via SSL Certs
Information technology ACT - 2000 (Legal Aspect of Business)
1. Information Technology Act,
2000.
PREPARE BY:-
PARTH PATEL 190617200231
YAKSH PATEL 190617200232
PRESENTED TO:-
MRS.PRANALI LOLIYANA
LAB :- Legal Aspects of Business
Operations Management
2. INTRODUCTION
The Information Technology Act, 2000 (IT Act) was passed which
is based on the UNCITRAL Model Law on Electronic Commerce.
The IT Act deals with the following subjects:
(i) Secure electronic transactions to facilitate e-commerce
(ii) attribution of electronic messages
(iii) legal status to electronic signature and electronic records by
providing for the appointment of a Controller of Certifying Authority.
3. INFORMATION TECHNOLOGY ACT 2000, IS BASED ON UNCITRAL (united
nations commission on international trade law) model law.
IT act 2000, has 13 chapters, 94 sections and 4 schedules.
First 14 section deals with some legal aspects concerning digital signature.
Further other section deal with certifying authorities who are licensed to issue digital
signature certificate.
Sections 43 to 47 provide for penalties and compensation.
Section 48 to 64 deals with tribunal appeal to high court.
Section 65 to 79 deals with offences,
Section 80 to 94 deals with miscellaneous of the act.
INTRODUCTION
4. Objective Of the Act
Protection of Critical Information Infrastructure is pivotal to national security,
economy, public health and safety, so it has become necessary to declare such
infrastructure as a protected system so as to restrict its access.
A rapid increase in the use of computer and internet has given rise to new
forms of crimes like publishing sexually explicit materials in electronic form,
leakage of confidentiality data, e-commerce frauds, identity theft, offensive
messages and many more. So, penal provisions are required.
The service providers may be authorized by the Central Government or the
State Government to set up, maintain and upgrade the computerized facilities.
5. Scope of the 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 the government
agencies;
To facilitate electronic storage of data in place of paper-based
methods of storage of data.
6. Section 66 : Hacking with computer system
If a person knowingly or intentionally conceals or destroys any computer source code used for
a computer, 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.
Penalty :- Imprisonment up to three years, or/and with fine up to RS2,00,000
Section 65 : Tampering with computer source documents
If a person with the intent to cause or knowing that he is likely to cause wrongful loss or
damage by destroys or deletes any information residing in a computer by any means, commits
hack.
Penalty :- Imprisonment up to three years, or/and with fine up to 500,000.
Cyber crimes and remedies Cover under the ACT
7. Any person who sends any information that is grossly offensive or has a menacing character.
Penalty :- Imprisonment up to three years, with fine.
Section 66A : Publishing offensive, false or threatening information
Section 66C : Using password of another person
A person fraudulently uses the password, digital signature or other
unique identification of another person.
Penalty :- Imprisonment up to three years, or/and with fine up to 100,000
Section 66D: Cheating using computer resource
If a person cheats someone.
Penalty :- Imprisonment up to three years, or/and with fine up to 100,000
Cyber crimes and remedies Cover under the ACT
8. Penalty :- Imprisonment up to five years, or/and with fine up
to 1,000,000.
Section 67 : Publishing information which is obscene in electronic form.
Section 67A : Publishing images containing
sexual acts
Penalty :- Imprisonment up to seven years, or/and with
fine up to 10,00,000.
Section 67B : Publishing child porn or predating children online
Penalty :- Imprisonment up to five years, or/and with fine up to 1,000,000 on first conviction.
Imprisonment up to seven years, or/and with fine up to 1,000,000 on second conviction.
Cyber crimes and remedies Cover under the ACT
9. Other Section:
68 Failure/refusal to comply with orders
69 Failure/refusal to decrypt data
70 Securing access or attempting to secure access to a protected system
71 Misrepresentation
Many more…
Penalty:- Imprisonment up to seven to
ten years and possible fine.
Cyber crimes and remedies Cover under the ACT
10. DIGITAL SIGNATURE
1. 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.
3. Any person by the use of a public key of the subscriber can verify the electronic
record.
4. The private key and the public key are unique to the subscriber and constitute a
functioning key pair.
11. ELECTRONIC GOVERNANCE
Legal Recognition of Electronic Records (section: 4).
Legal Recognition of Digital Signatures (Section: 5).
Use of Electronic Record and Digital Signatures in Government and its Agencies
(section: 6).
Retention of Electronic Records (section: 7).
Publication of Rule, Regulation, etc., in Electronic Gazette (section: 8).
No Right Conferred to Insist that Document should be Accepted in Electronic form
(Section: 9).
Power to make Rules by Central Government in Respect of Digital Signature
(section: 10).
12. Controlling and CERTIFYING AUTHORITIES
Appointment of Controller and other officers (s.
17).
Functions of Controller (s.18).
Recognition of Foreign Certifying Authorities
(s.19).
Controller to act as Repository (s.20).
License to Issue Digital Signature Certificates
(s.21).
Application for License (s.22).
Renewal of License (s.23).
Procedure for Grant or Rejection of License (s.24).
Suspension of License (s.25).
Notice of Suspension of Revocation of License
(s.26).
Power to Delegate (s.27).
Power to Investigate Contravention (s.28).
Access to Computers and Data (s.29).
Certifying Authority to follow Certain Procedures
(s.30).
Certifying Authority to Ensure Compliance of the
Act, etc. (s.31).
Display of License (s.32).
13. Cyber Regulations Appellate
Tribunal
Establishment of Cyber Appellate
Tribunal (s. 48).
Composition of Cyber Appellate
Tribunal (s. 49).
Qualifications for Appointment as
Presiding Officer of the Tribunal (s.50).
Term Office (s.51).
Salary, Allowances and other Terms
and Conditions of Service of Presiding
Officer (s.52).
Filling up of Vacancies (s.53).
Resignation and Removal (s.54).
Orders Constituting Appellate Tribunal
to be Final and not to invalidate its
proceedings (s.55).
Staff of the Cyber Appellate Tribunal
(s.56).
Many More.
14.
15. REFERENCES
Legal Aspects of Business author Prof. Akhilesh Pathak & published by Tata Mc Graw Hill latest
Edition.
http://kanoon.nearlaw.com/2017/10/28/information-technology-act-2000/
https://www.wipo.int/edocs/lexdocs/laws/en/in/in024en.pdf
https://www.slideshare.net/akashvaraiya7/information-technology-act-2000-15204037