CYBER LAWS
By
mourisha Karnan
• “ the modern thief can steal more with a computer than with
a gun. Tomorrow’s Terrorist may able to do more damage
with a keyboard than with a bomb.”
INTRODUCTION
• Pre 1990: People are not connected
• 1990 : connecting people to information
• 2000: connecting people to people
• 2020: everything is connected
IN THE PAST
IN THE PRESENT
CYBER LAW?
• Cyber Law is a term used to describe the legal issues related to use of
communications technology, particularly “Cyberspace”, i.e. The internet.
• Cyber law (Internet Law) is the area of law that deals with the Internet’s relationship
to technological and electronic elements, including computers, software hardware
and information systems.
• Cyber laws prevent or reduce large scale damage from cybercriminal activities by
protecting information access, privacy, communications, intellectual property (ip)
and freedom of speech related to the use of the internet, websites, email,
computers, cell phones, software and hardware, such as data storage devices.
NEED OF CYBER LAW
• Internet has dramatically changed the way we think, the way we govern, the way
we do commerce and the way we perceive ourselves.
• Cyber law is important because it touches almost all aspects of transactions and
activities and on involving the internet, World Wide Web and cyberspace.
• Like any law, cyber law is created to help protect people and organizations on the
Internet from malicious people on the Internet and help maintain order.
CYBER LAW ENCOMPASSES
• Cyber crimes
• Electronic or digital signatures
• Intellectual property
• Data protection and privacy
CYBER CRIME?
• Cyber Crime is defined
as a crime in which a
computer is the object
of the crime (hacking,
phishing, spamming) or
is used as a tool to
commit an offense
(child pornography,
hate crimes).
CYBER CRIMINALS?
• Cyber criminals may use computer
technology to commit malicious activities on
digital systems or networks to access
personal information, business trade
secrets and generating profits. Criminals
who perform these illegal activities are often
referred to as hackers.
CATEGORIES OF CYBER CRIME
• Cybercrimes against persons
• Cybercrimes against property
• Cybercrimes against government
• Cybercrimes against society
AGAINST A PERSON
• Cyberstalking
• Email spoofing
• SMS spoofing
• Email bombing
• Harassment via e-mails
• Spamming
• Hacking
• Child pornography
• Dissemination of obscene material
AGAINST A PERSON
• Cyber defamation
• Unauthorized control/access over computer
system
• Indecent exposure
• Cheating and Online fraud (Breach of
Confidentiality)
• Cracking
• Carding
• Phishing
• Assualt by threat
• Identity theft
AGAINST PROPERTY
• Virus/worm attack
• Computer vandalism
• Cyber squatting
• Hacking computer system
• Cyber trespass
• Internet time theft
• Intellectual property crimes
• Trojan horse attack
AGAINST GOVERNMENT
• Cyber warfare
• Cyber terrorism
• Distribution of pirate software
• Possession of unauthorized information
• Hacking into government systems
• Cyber extortion
• Denial-of-service (dos) attacks
• Terroristic threats made via e-mail
• Introducing viruses to vulnerable networks
AGAINST SOCIETY
• Cyber trafficking
• Online gambling
• Forgery
• Web jacking
• Financial crimes
• Sale of illegal articles
ELECTRONIC OR DIGITAL SIGNATURE
Electronic signature
• According to the ESIGN Act, electronic signatures (or e-signatures) are an
“electronic sound, symbol, or process, attached to or logically associated with a
contract or other record and executed or adopted by a person with the intent to sign
the record.
• Verifieses signers identity through email, phone PIN, etc.
• Verifying a document.
• Vulnerable to tampering.
Digital signature
• A digital signature refers to a category of electronic signature that leverages
algorithms to generate a unique digital fingerprint (AKA a hash) that is unique to
each document. This hash can be linked to the signer’s identity.
• Digital signature can be visualised as an electronic "fingerprint", that is encrypted
and identifies the person's identity who actually
signed it.
• Certificate-based digital ID
• Securing a document.
• Highly secure
Digital signatures are usually created using the Public Key Infrastructure (PKI)
system. These signature softwares leverage an algorithm to generate two keys (a
sequence of numbers) – a private key and a public key, which are mathematically
linked.
- private key is allocated to a individual which enables the user to fix a digital
signature.
- public key is available to all who want to check authentication of records.
The key are provided by regulatory authorities and are unique.
• Benefits of digital signature
Authentication
Integrity
• Drawbacks of digital signature
It doesn’t provide certainty of date and time.
INTELLECTUAL PROPERTY
• Intellectual property (IP) refers to creations of the
human mind, such as inventions; literacy; and artistic
works; designs; and symbols, names and images used
in commerce.
• Ip is protected in law by, for example, patents, copyright
and trademarks, which enable people to earn
recognition or financial benefit from what they invent or
create. By striking the right balance between the
interests of innovators and the wider public interest, the
IP system aims to foster environment in which creativity
and innovations can flourish.
TYPES OF INTELLECTUAL PROPERTY
•Copyright
Copyright is a legal term used to describe the
rights that creators have over their literacy and
artistic works. Works covered by copyright
range from books, music, paintings, sculpture
and films, to computer programs, databases,
advertisements, maps and technical drawings.
•Trademarks
A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises.
Trademarks date back to ancient times when
craftsman used to put their signature or
“mark” on their products.
•Patents
A patent is an exclusive right granted for an
invention. Generally speaking, a patent
provides the patent owner with the right to
decide how – or whether – the invention can
be used by others. In exchange for this right,
the patent owner makes technical information
about the invention publicly available in the
published patent document.
•Industrial designs
An industrial design constitutes the
ornamental or aesthetic aspect of an article.
A design may consist of three-dimensional
features, such as the shape or surface of an
article, or of two-dimensional features, such
as patterns, lines or color.
•Geographical indications
Geographical indications and appellations of
origin are signs used on goods that have a
specific geographical origin and possess
qualities, a reputation or characteristics that
are essentially attributable to that place of
origin. Most commonly, a geographical
indication includes the name of the place of
origin of the goods.
•Trade secrets
Trade secrets are IP rights on confidential
information which may be sold or
licensed. The unauthorized acquisition, use or
disclosure of such secret information in a
manner contrary to honest commercial
practices by others is regarded as an unfair
practice and a violation of the trade secret
protection.
DATA PROTECTION AND PRIVACY
• Data protection and privacy laws aim
to achieve a fair balance between the
privacy rights of the individual and
the interests of data controllers such
as banks, hospitals, email service
providers etc.
• These laws seek to address the
challenges to privacy caused by
collecting, storing and transmitting
data using new technologies.
INFORMATION TECHNOLOGY ACT
(IT ACT)-2000• The information technology act, 2000 (it act), came into
force on 17 October 2000.
• The primary purpose of the act is to provide legal
recognition to electronic commerce and to facilitate Filing
of electronic records with the government.
• Information technology act 2000 originally consisted of 94
sections segregated into 13 chapters and 4 schedules.
• The last four sections namely sections 91 to 94 in the I.T.
Act 2000 deals with the amendments to the Indian Penal
Code 1860, The Indian Evidence Act 1872, The Bankers’
Books Evidence Act 1891 and the Reserve Bank of India
Act 1934 were deleted.
SNAPSHOT OF IMPORTANT
CYBER LAW PROVISIONS IN INDIA
Sections Offences under Indian Penal Code, 1860
503,506,507 Sending threatening messages by email or chat
503 Criminal intimidation
507 Criminal intimidation by an anonymous communication
506 Punishment for criminal intimidation
463,464,465,468,469 Forgery of electronic records, email spoofing
463 Forgery
464 Making a false document
468 Forgery for purpose of cheating
469 Forgery for purpose of harming reputation
465 Punishment for forgery
Sections Offences under Indian Penal Code, 1860
383 Web-jacking (Extortion)
384 Punishment for extortion
499,500,509 Email abuse, Online defamation
499 Defamation
500 Punishment for defamation
509 Word, gesture or act intended to insult the modesty of a woman
354C Voyeurism
354D Cyber stalking
378 Theft of any data, online
379 Punishment for theft
Sections Offences under Indian Penal Code, 1860
292,292A,293,294 Obscenity
292 Sale, etc. of obscene books etc.
292A Printing etc. Of grossly indecent or scurrilous matter or
matter intended for blackmail
293 Sale, etc. Of obscene objects to young person
294 Obscene acts and songs
420 Bogus websites, cyber fraud (Cheating and dishonestly
inducing delivery of property)
• NDPS Act, 1985 - online sale of drugs
• Arms Act, 1959 - online sale of arms
• Section 51,63,63B of Copyright Act, 1957 - Piracy
Sections Offences under Information Technology Act,2000
65 Tampering with computer source documents
66 r/w 43 Computer related offences
66B Receiving stolen computer or communication device
66C Using password of another person-Identity Theft
66D Cheating using computer resource
66E Publishing private images of others
66F Acts of cyberterrorism
67 Publishing information which is obscene in electronic form.
67A Publishing images containing sexual acts
67B Publishing child porn or predating children online
67C Failure to maintain records
Sections Offences under Information Technology Act, 2000
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
72 For breach of confidentiality and privacy
72A For disclosure of information in breach of lawful contract
73 Publishing electronic signature certificate false in certain
particulars
• 66A – Removed
• Shreya Singhal vs. Union of India 2015
THANK YOU 😊

Cyber Laws

  • 1.
  • 2.
    • “ themodern thief can steal more with a computer than with a gun. Tomorrow’s Terrorist may able to do more damage with a keyboard than with a bomb.”
  • 3.
    INTRODUCTION • Pre 1990:People are not connected • 1990 : connecting people to information • 2000: connecting people to people • 2020: everything is connected
  • 4.
  • 5.
  • 6.
    CYBER LAW? • CyberLaw is a term used to describe the legal issues related to use of communications technology, particularly “Cyberspace”, i.e. The internet. • Cyber law (Internet Law) is the area of law that deals with the Internet’s relationship to technological and electronic elements, including computers, software hardware and information systems. • Cyber laws prevent or reduce large scale damage from cybercriminal activities by protecting information access, privacy, communications, intellectual property (ip) and freedom of speech related to the use of the internet, websites, email, computers, cell phones, software and hardware, such as data storage devices.
  • 7.
    NEED OF CYBERLAW • Internet has dramatically changed the way we think, the way we govern, the way we do commerce and the way we perceive ourselves. • Cyber law is important because it touches almost all aspects of transactions and activities and on involving the internet, World Wide Web and cyberspace. • Like any law, cyber law is created to help protect people and organizations on the Internet from malicious people on the Internet and help maintain order.
  • 8.
    CYBER LAW ENCOMPASSES •Cyber crimes • Electronic or digital signatures • Intellectual property • Data protection and privacy
  • 9.
    CYBER CRIME? • CyberCrime is defined as a crime in which a computer is the object of the crime (hacking, phishing, spamming) or is used as a tool to commit an offense (child pornography, hate crimes).
  • 10.
    CYBER CRIMINALS? • Cybercriminals may use computer technology to commit malicious activities on digital systems or networks to access personal information, business trade secrets and generating profits. Criminals who perform these illegal activities are often referred to as hackers.
  • 11.
    CATEGORIES OF CYBERCRIME • Cybercrimes against persons • Cybercrimes against property • Cybercrimes against government • Cybercrimes against society
  • 12.
    AGAINST A PERSON •Cyberstalking • Email spoofing • SMS spoofing • Email bombing • Harassment via e-mails • Spamming • Hacking • Child pornography • Dissemination of obscene material
  • 13.
    AGAINST A PERSON •Cyber defamation • Unauthorized control/access over computer system • Indecent exposure • Cheating and Online fraud (Breach of Confidentiality) • Cracking • Carding • Phishing • Assualt by threat • Identity theft
  • 14.
    AGAINST PROPERTY • Virus/wormattack • Computer vandalism • Cyber squatting • Hacking computer system • Cyber trespass • Internet time theft • Intellectual property crimes • Trojan horse attack
  • 15.
    AGAINST GOVERNMENT • Cyberwarfare • Cyber terrorism • Distribution of pirate software • Possession of unauthorized information • Hacking into government systems • Cyber extortion • Denial-of-service (dos) attacks • Terroristic threats made via e-mail • Introducing viruses to vulnerable networks
  • 16.
    AGAINST SOCIETY • Cybertrafficking • Online gambling • Forgery • Web jacking • Financial crimes • Sale of illegal articles
  • 17.
    ELECTRONIC OR DIGITALSIGNATURE Electronic signature • According to the ESIGN Act, electronic signatures (or e-signatures) are an “electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. • Verifieses signers identity through email, phone PIN, etc. • Verifying a document. • Vulnerable to tampering.
  • 18.
    Digital signature • Adigital signature refers to a category of electronic signature that leverages algorithms to generate a unique digital fingerprint (AKA a hash) that is unique to each document. This hash can be linked to the signer’s identity. • Digital signature can be visualised as an electronic "fingerprint", that is encrypted and identifies the person's identity who actually signed it. • Certificate-based digital ID • Securing a document. • Highly secure
  • 19.
    Digital signatures areusually created using the Public Key Infrastructure (PKI) system. These signature softwares leverage an algorithm to generate two keys (a sequence of numbers) – a private key and a public key, which are mathematically linked. - private key is allocated to a individual which enables the user to fix a digital signature. - public key is available to all who want to check authentication of records. The key are provided by regulatory authorities and are unique.
  • 20.
    • Benefits ofdigital signature Authentication Integrity • Drawbacks of digital signature It doesn’t provide certainty of date and time.
  • 22.
    INTELLECTUAL PROPERTY • Intellectualproperty (IP) refers to creations of the human mind, such as inventions; literacy; and artistic works; designs; and symbols, names and images used in commerce. • Ip is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster environment in which creativity and innovations can flourish.
  • 23.
    TYPES OF INTELLECTUALPROPERTY •Copyright Copyright is a legal term used to describe the rights that creators have over their literacy and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
  • 24.
    •Trademarks A trademark isa sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsman used to put their signature or “mark” on their products.
  • 25.
    •Patents A patent isan exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how – or whether – the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
  • 26.
    •Industrial designs An industrialdesign constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
  • 27.
    •Geographical indications Geographical indicationsand appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
  • 28.
    •Trade secrets Trade secretsare IP rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.
  • 29.
    DATA PROTECTION ANDPRIVACY • Data protection and privacy laws aim to achieve a fair balance between the privacy rights of the individual and the interests of data controllers such as banks, hospitals, email service providers etc. • These laws seek to address the challenges to privacy caused by collecting, storing and transmitting data using new technologies.
  • 30.
    INFORMATION TECHNOLOGY ACT (ITACT)-2000• The information technology act, 2000 (it act), came into force on 17 October 2000. • The primary purpose of the act is to provide legal recognition to electronic commerce and to facilitate Filing of electronic records with the government. • Information technology act 2000 originally consisted of 94 sections segregated into 13 chapters and 4 schedules. • The last four sections namely sections 91 to 94 in the I.T. Act 2000 deals with the amendments to the Indian Penal Code 1860, The Indian Evidence Act 1872, The Bankers’ Books Evidence Act 1891 and the Reserve Bank of India Act 1934 were deleted.
  • 31.
    SNAPSHOT OF IMPORTANT CYBERLAW PROVISIONS IN INDIA Sections Offences under Indian Penal Code, 1860 503,506,507 Sending threatening messages by email or chat 503 Criminal intimidation 507 Criminal intimidation by an anonymous communication 506 Punishment for criminal intimidation 463,464,465,468,469 Forgery of electronic records, email spoofing 463 Forgery 464 Making a false document 468 Forgery for purpose of cheating 469 Forgery for purpose of harming reputation 465 Punishment for forgery
  • 32.
    Sections Offences underIndian Penal Code, 1860 383 Web-jacking (Extortion) 384 Punishment for extortion 499,500,509 Email abuse, Online defamation 499 Defamation 500 Punishment for defamation 509 Word, gesture or act intended to insult the modesty of a woman 354C Voyeurism 354D Cyber stalking 378 Theft of any data, online 379 Punishment for theft
  • 33.
    Sections Offences underIndian Penal Code, 1860 292,292A,293,294 Obscenity 292 Sale, etc. of obscene books etc. 292A Printing etc. Of grossly indecent or scurrilous matter or matter intended for blackmail 293 Sale, etc. Of obscene objects to young person 294 Obscene acts and songs 420 Bogus websites, cyber fraud (Cheating and dishonestly inducing delivery of property)
  • 34.
    • NDPS Act,1985 - online sale of drugs • Arms Act, 1959 - online sale of arms • Section 51,63,63B of Copyright Act, 1957 - Piracy
  • 35.
    Sections Offences underInformation Technology Act,2000 65 Tampering with computer source documents 66 r/w 43 Computer related offences 66B Receiving stolen computer or communication device 66C Using password of another person-Identity Theft 66D Cheating using computer resource 66E Publishing private images of others 66F Acts of cyberterrorism 67 Publishing information which is obscene in electronic form. 67A Publishing images containing sexual acts 67B Publishing child porn or predating children online 67C Failure to maintain records
  • 36.
    Sections Offences underInformation Technology Act, 2000 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 72 For breach of confidentiality and privacy 72A For disclosure of information in breach of lawful contract 73 Publishing electronic signature certificate false in certain particulars • 66A – Removed • Shreya Singhal vs. Union of India 2015
  • 37.