3. Information law and RTE: Right to Information Act, 2005: Objectives of the RTI Act, Scope, SuoMoto disclosure, Method of
seeking information, Eligibility to obtain information, Authorities under the Act.
Syllabus
4. To have in depth knowledge about RTI AND RTE
LEARNING OBJECTIVES
5. Important case reference should be dealt where ever possible
Latest cyber crime should to discussed either through images or videos
Important definitions relating to IT and Cyber crimes to be discussed
METHODOLOGY
7. • GROWTH OF CYBER SPACE
• USES OF INTERNET
• CYBER LAW OR LAW OF INTERNET
INTRODUCTION
8. • To TACKLE CYBER CRIMES
• INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS PROTECTION ACT
NEED FOR CYBER LAWS
9. IT ACT PASSED IN 2000
INTERNET IN INDIA
IMPLEMENTATION OF CYBER LAW
The IT Act 2000 chiefly covers:
(a) E-Commerce in India.
(b) E-Governance in India.
(c) Cyber Contraventions.
(d) Cyber Crimes.
CYBER LAWS IN INDIA
10. To provide for legal recognition of electronic records and digital signatures.
To prevent the possible mis-use arising out of transactions and other dealings concluded over the electronic medium.
To create civil and criminal liabilities for contravention of the provisions of the Information Laws and RTE 143 proposed
legislation.
To provide for the use and acceptance of electronic records and digital signatures in the Government offices and its agencies
To facilitate electronic storage of information and data.
To facilitate electronic fund transfers between financial Institutions and banks.
To give legal sanctity for books of account maintained in the electronic form by the banks.
Objectives of IT Acts
11. The World Trade Organization defines e-commerce as, “e-commerce is the production, distribution, marketing, sales or delivery of
goods and services by electronic means”.
e-commerce
12. Convenience of shopping at home
Gives freedom to make choices
Increase in variety of goods
It gives more choice and alternatives
Ensure Secrecy
Time compression
E-payment system
Provide Comparison Shopping
Benefits of E-Commerce to Consumers
13. • It helps to reach Global
• Cost effective
• New Customers With Search Engine Visibility
• It Reduces the Paper Costs
• Reduction in Inventories
• Mass Customization and Competitive advantage
• No Middlemen:
• Reduced Production lead Time:
• Improved Customer relationship
• Lower Sale and Marketing Costs
Benefits of E-Commerce to Businesses
14. • Enables More Flexible Working Practices
• Connects People
• Facilitates Delivery of Public Services
Benefits of E-Commerce to Society
15. Advantages of E-Commerce
Lower Transaction Costs
Larger Purchases Per Transaction
Integration into the Business Cycle
Larger Catalogues
Improved Customer Interactions
Disadvantages of Electronic Commerce
Ecommerce Lacks That Personal Touch
System and data integrit
Ecommerce Delays Goods
System scalability
Dependent on internet
Many Goods Cannot Be Purchased Online
Products people won’t buy online
Loyal customers
Shopping is Social Experience
18. “Affixing digital signature” has been defined in
section 2(1)(d) of the Act to mean adoption of any methodology
or procedure by a person for the purpose
of authenticating an electronic record by means of “digital signature”.
DIGITAL SIGNATURE AND ITS NEED
19. PIRACY
Why Piracy takes place
Provision for Software Patent
Software copy write
Infringement of copy rights
Other related provisions under the Act
Privacy
Security
Symantec
Related Offenses under the Act
Cyber crime
21. • ATM System Hacked in Kolkata
• In July 2018 fraudsters hacked into Canara bank ATM servers and wiped off almost 20 lakh rupees from different
bank accounts. The number of victims was over 50 and it was believed that they were holding the account details of
more than 300 ATM users across India.
• The hackers used skimming devices on ATMs to steal the information of debit card holders and made a minimum
transaction of INR 10,000 and the maximum of INR 40,000 per account.
• On 5 August 2018, two men were arrested in New Delhi who was working with an international gang that uses
skimming activities to extract the details of bank account.
• Prevention: Enhancement of the security features in ATM and ATM monitoring systems can prevent any misuse of
data.
• Another way to prevent the fraudulent activity is to minimize the risk of skimming by using lockbox services to
receive and transfer money safely.
• This uses an encrypted code which is safer than any other payments.
22. • ‘Friendship 'on Facebook ends in blackmail plot against
woman
GHAZIABAD: A 31-year-old woman has filed a complaint against a man, who introduced himself as an
Indian living in Austria of blackmailing her by posting some personal photographs and videos which she
shared with him on social media website.
The complainant, a resident of Raj Nagar Extension, told old police that the man identified himself
as Aniket Sharma and she met him through Facebook.
he woman, who is married, also said that she started talking to him out of sympathy after he told her that he was
suffering from cancer
.
23. OFFENCES AND LAWS IN CYBER SPACE
Section 65: Tampering with computer source documents
Section 66: Hacking with computer system
Section 67: Publishing of information which is obscene in electronic form
Section 68: Power of controller to give directions
Section 69: Directions of Controller to subscriber to extend facilities to decrypt
information –
Section 70: Protected system
Section 71: Penalty for misrepresentation
Section 72: Penalty for breach of confidentiality and privacy
Section 73: Penalty for publishing Digital Signature Certificate false in certain
particulars
Section 74: Publication for fraudulent purpose –
Section 75: Act to apply for offence or contravention committed outside India
Section 76: Confiscation
Section 77: Penalties or confiscation not to interfere with other punishments
Section 78: Power to investigate offences –
Section 79: Network service providers not to be liable in certain cases
24. INDIAN PENAL CODE,1860
INDIAN EVIDENCE ACT,1872
BANKER’S BOOK EVIDENCE ACT,1891
GENERAL CLAUSES ACT,1897
CYBER LAWS AMENDMENTS
25. Enacted and came in force on 15th June 2005
Main aim is to provide a right information for citizens
It is replacement of Freedom of Information Act, 2002
INFORMATION TECHNOLOGY (IT)
26. Meaning
Information is any material in any form. It includes records, documents, memos, emails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes
information relating to any private body which can be accessed by the public authority under any law for the time being in force.
Scope
The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It is applicable to all
constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an
act of Parliament or a state legislature.
Suo Motu Disclosure
The Act makes it obligatory for every public authority to make suo-motu disclosure in respect of the particulars of its organization,
functions, duties etc. as provided in section 4 of the Act. Besides, some public authorities under the Central Government have
published other information and have posted them on their websites.
Information
27. Suo motu disclosure of more items under Section 4 Sub-section 4(2) of the RTI Act, 2005
• Information related to Procurement
• Public Private Partnerships
• Transfer Policy and Transfer Orders
• RTI Applications
• CAG & PAC paras
• Citizens Charter
• Discretionary and Non-discretionary grants
• Foreign Tours of PM/Ministers
Guidelines for digital publication of proactive disclosure under Section 4
Guidelines for certain clauses of Sec. 4(1)(b) to make disclosure more effective
Compliance with Provisions of suo motu (proactive) disclosure under the RTI Act
Nodal Officer
Annual Reports to Parliament/Legislatures
GUIDELINES ON SUO MOTU DISCLOSURE UNDER SEC. 4 OF THE RTI ACT
28. All citizen have the right
Sections 8 and 9 of the Act enumerate the categories of information which are exempt from disclosure.
Central Public Information Officers
Assistance Available From CPIOs
Format of Application
Disposal of the Request
First Appeal
Second Appeal
Complaints
Disposal of Appeals and Complaints by the CIC
Important Web-sites
Who is eligible to get information?/ Exemptions from Disclosure
29. RIGHT TO EDUCATION (RTE)
“Education has a characteristic quality that enables it
to be present in and to nourish all areas of life. The
interconnectedness of human rights is nowhere more
obvious than in educational processes, so the right to
education is, moreover, an individual guarantee and a
social right which is fully expressed by the individual
in the exercise of his or her citizenship”.