Cyberlaw Online assignment Secondsem B. Ed commerce

1. Cyber law
Online Assignment
Divya.A.S
SEM 2 COMMERCE
OPTION
SNGK B.ED COLLEGE
POYTHENCODE

2. INTRODUCTION
"Cyber" is a prefix used to describe a person, thing, or idea as part of the computer
and information age. Taken from kybernetes, greek word for "steersman" or "governor," it was
first used in cybernetics, a word coined by norbert wiener and his colleagues. The virtual world
of internet is known as cyberspace and the laws governing this area are known as cyber laws
and all the netizens of this space come under the ambit of these laws as it carries a kind of
universal jurisdiction. Cyber law can also be described as that branch of law that deals with
legal issues related to use of inter-networked information technology. In short, cyber law is the
law governing computers and the internet.
The growth of electronic commerce has propelled the need for vibrant and
effective regulatory mechanisms which would further strengthen the legal infrastructure, so
crucial to the success of electronic commerce. All these regulatory mechanisms and legal
infrastructures come within the domain of cyber law.
Cyber law is important because it touches almost all aspects of transactions and
activities on and involving the internet, world wide web and cyberspace. Every action and
reaction in cyberspace has some legal and cyber legal perspectives.

3. Overview Cyber Law - IT Act 2000
Information Technology Act - 2000. An 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", which involve the use of alternatives to paper-based
methods of communication and storage of information, to facilitate electronic filing of documents with
the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872,
the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters
connected therewith or incidental thereto.
IT Act - 2000, India's first Cyber law makes punishable cyber crimes like hacking, damage to
computer source code, publishing of information, which is obscene in the electronic form, breach of
confidentiality and privacy, and publication of digital signature false in certain particulars.

4. Information Technology Act – 2000 , An 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", which involve the use of alternatives
to paper-based methods of communication and storage of information, to facilitate electronic filing of
documents with the Government agencies and further to amend the Indian Penal Code, the Indian
Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934
and for matters connected therewith or incidental thereto.
IT Act - 2000, India's first Cyber law makes punishable cyber crimes like hacking,
damage to computer source code, publishing of information, which is obscene in the electronic form,
breach of confidentiality and privacy, and publication of digital signature false in certain particulars.
IT Act contains 94 sections in 13 chapters. Sections 65 to 74 in chapter 11 deals with
offences published under this act

5. Section 65 Tampering with computer source documents
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or
knowingly causes another to conceal, destroy or alter any computer source code used for a
computer, computer programme, 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, shall be
punishable with imprisonment up to three years, or with fine which may extend up to two lakhs
rupees, or with both.
Sec 66 hacking with computer system
(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or any person destroys or deletes or alters any information residing in a
computer resource or diminishes its value or utility or affects it injuriously by any means,
commits hack:
(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with
fine, resource. which may extend up to two lakhs rupees, or with both punishable under this
act

6. Sec.67: Publishing of information, which is obscene in electronic form
Whoever publishes or transmits or causes to be published in the electronic
form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to
tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to
read, see or hear the matter contained or embodied in it, shall be punished on first conviction with
imprisonment of either description for a term which may extend to five years and with fine which
may extend to one lakhs system. rupees and in the event of a second or subsequent conviction with
imprisonment of either description for a term which may extend to ten years and also with fine which
may extend to two lakhs rupees.
Sec.68: Power of Controller to give directions.
(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to
take such measures or cease carrying on such activities as specified in the order if those are necessary
to ensure compliance with the provisions of this Act, rules or any regulations made there under.
(2) Any person who fails to comply with any order under sub-section (1) shall be guilty of an offence
and shall be liable on conviction to imprisonment for a term not exceeding three years or to a Fine not
exceeding two lakh rupees or to both.

7. Sec.69: Directions of Controller to a subscriber to extend facilities to decrypt information.
(1) If the Controller is satisfied that Sea 66. Hacking with computer system. it is necessary or expedient so to do
in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign
Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to
be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted
through any computer
(2) The subscriber or any person in-charge of the computer resource shall, when called upon by any agency
which has been directed under sub section (1), extend all facilities and technical assistance to decrypt the
information.
(3) The subscriber or any person who fails to assist the agency referred to in sub-section (2) shall be punished
with an imprisonment for a term which may extend to seven years.
Sec.70: Protected system
(1) The appropriate Government may, by notification in the Official Gazette, declare that any computer,
computer system or computer network to be a protected
(2) The appropriate Government may, by order in writing, authorize the persons who are authorized to access
protected systems notified under sub-section (1).
(3) Any person who secures access or attempts to secure access to a protected system in contravention of the
provisions of this section shall be punished with imprisonment of either description for a ton, which may extend
to ten years and shall also be liable to fine.

8. Sec.71: Penalty for misrepresentation.
Whose makes any misrepresentation to, or surceases any material fact from, the
Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case
may be. Shall be punished with imprisonment for both. a term, which may extend to two years, or with
fine, which may extend to one lakhs rupees, or with both.
Sec.72: Penalty for breach of confidentiality and privacy.
Save as otherwise provided in this Act or any other law for the time being in force, any
person who, in pursuance of any of the powers conferred under this Act, rules or regulations made there
under, has secured access to any electronic record, book, register, correspondence, information, document
or other material without the consent of the person concerned discloses such electronic record, book,
register, correspondence, information, document or other material to any other person shall be punished
with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh
rupees, or with both.

9. Sec.73: Penalty for publishing Digital Signature Certificate false in certain particulars.
(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any
other person with the knowledge that- (a) The Certifying Authority listed in the certificate has not
issued it; or (b) the subscriber listed in the certificate has not accepted it; or(c) the certificate has
been revoked or suspended, unless such publication is for the purpose of verifying a digital
signature created prior to such suspension or revocation.
(2) Any person who contravenes the provisions of sub-section (1) shall be punished with
imprisonment for a term, which may extend to two years, or with fine, which may extend to one
lakhs rupees, or with both.
Sec.74: Publication for fraudulent purpose
Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate
for any fraudulent or unlawful shall be punished with imprisonment for a term which may extend
to two years, or with fine, which may extend to one lakhs rupees, or with

10. INFORMATION TECHNOLOGY ACT ,2008
The Information Technology Amendment Act 2008 (IT Act 2008) is a substantial addition to
India's Information Technology Act (ITA-2000) The IT Amendment Act was passed by the Indian
Parliament in October 2008 and came into force a year later. The Act is administered by the Indian
Computer Emergency Response Team (CERT-In) The original Act was developed to promote the IT
industry, regulate e-commerce, facilitate e governance and prevent cybercrime. The Act also sought to
foster security practices within India that would serve the country in a global context The Amendment
was created to address issues that the original bill failed to cover and to accommodate further
development of IT and related security concerns since the original law was passed.
Changes in the Amendment include: redefining terms such as "communication device" to reflect current
use; validating electronic signatures and contracts; making the owner of a given IP address responsible
for content accessed or distributed through it; and making corporations responsible for implementing
effective data security practices and liable for breaches.
The Amendment has been criticized for decreasing the penalties for some cybercrimes and for lacking
sufficient safeguards to protect the civil rights of individuals. Section 69, for example, authorizes the
Indian government to intercept, monitor decrypt and block data at its discretion.