This is Mourisha Karnan from The Central Law College, Salem, Tamil Nadu. In this power point I have discussed about Cyber Laws and areas covered under Cyber Laws.
2. • “ 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.”
3. INTRODUCTION
• Pre 1990: People are not connected
• 1990 : connecting people to information
• 2000: connecting people to people
• 2020: everything is connected
6. 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.
7. 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.
8. CYBER LAW ENCOMPASSES
• Cyber crimes
• Electronic or digital signatures
• Intellectual property
• Data protection and privacy
9. 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).
10. 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.
11. CATEGORIES OF CYBER CRIME
• 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/worm attack
• Computer vandalism
• Cyber squatting
• Hacking computer system
• Cyber trespass
• Internet time theft
• Intellectual property crimes
• Trojan horse attack
15. 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
16. AGAINST SOCIETY
• Cyber trafficking
• Online gambling
• Forgery
• Web jacking
• Financial crimes
• Sale of illegal articles
17. 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.
18. 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
19. 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.
20. • Benefits of digital signature
Authentication
Integrity
• Drawbacks of digital signature
It doesn’t provide certainty of date and time.
21.
22. 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.
23. 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.
24. •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.
25. •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.
26. •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.
27. •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.
28. •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.
29. 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.
30. 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.
31. 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
32. 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
33. 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)
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 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
36. 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