Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Also the numbers of users are increasing rapidly. India, unlike the oppressive regimes in China and Iran, does not closely monitor or censor Internet activity. Government of India promoting new technologies same time it’s also protecting from the new technological problems by its laws and regulations.

1. SHAMSEENA.Z

3. • Cybercrime consists of illegal activity that must
be conducted via computer. Traditional crimes
may be committed while using a computer, but
cybercrime consists of more specific types of
crimes, such as phishing schemes and viruses.
• • Due to the anonymous nature of the Internet, it
is possible to engage into a variety of criminal
activities with impunity and people with
intelligence, have been grossly misusing this
aspect of the Internet to perpetuate criminal
activities in cyberspace. Also the number of
users are increasing rapidly.
• • Hence the need for Cyber laws arises.

4. • The cyber law of India is defined under IT Act, 2000
• The Act came into effect following the clearance of the
Information Technology Bill 2000 in May 2000 by both the
houses of the Parliament. The Bill received the assent of
the President Of India in August 2000 (IT Act 2000).
• • The IT Act 2000 attempts to change out-dated laws and
provides ways to deal with cyber crimes. Such an act is
required as people can perform purchase transactions
over the net through credit cards without fear of getting
misused.
• • IT Act 2000 is very important to control cyber crime.

5. • Chapter-II of the Act specifically stipulates that any
subscriber may authenticate an electronic record by
affixing his digital signature.
• Chapter-IV of the said Act gives a scheme for Regulation
of Certifying Authorities. The Act envisages a Controller
of Certifying Authorities who shall perform the function of
exercising supervision over the activities of the Certifying
Authorities as also laying down standards and conditions
governing the Certifying Authorities as also specifying the
various forms and content of Digital Signature
Certificates.
• • Chapter-VII of the Act details about the scheme of
things relating to Digital Signature Certificates. The duties
of subscribers are also enshrined in the said Act.

6. • Chapter-X of the Act talks of the establishment of the
Cyber Regulations Appellate Tribunal, which shall be an
appellate body where appeals against the orders passed
by the Adjudicating Officers, shall be preferred.
• The Act also provides for the constitution of
the Cyber Regulations Advisory
Committee, which shall advice the
government as regards any rules, or for
any other purpose connected with the said
act.

7. • The Act legalizes the e-mail and gives it the status of
being valid form of carrying out communication in India.
This implies that e-mails can be duly produced and
approved in a court of law as a legal document.
• The act also provides statutory remedy to the corporate
in case the crime against the accused for breaking into
their computer systems or network and damaging and
copying the data is proven. The remedy provided by the
Act is in the form of monetary damages, not exceeding
Rs. 1 crore.
• The law has also laid guidelines for providing Internet
Services on a license on a non-exclusive basis.

9. • India has the fastest growing telecom network in the
world with its high population and development
potential.
• Total numbers of mobile phone subscribers have
reached 930.20 million as of September 2014.
• The mobile tele-density had increased to 74.55% in
September 2014.

10. Telecom
commissi
on
(policy
making)
MINISTRY OF COMMUNICATION
AND INFORMATION
TECHNOLOGY
DDoT
(licensing
)
TRAI(Reg
ulatory)
CWPC
(spectrum
allocation
&manage
ment)
TEC
(technical
body)

11. • The Indian Telegraph Act, 1885
• 1885 is the enabling legislation in India which
governs the use of wired and wireless
telegraphy, telephones, teletype, radio
communications and digital data
communications. It gives the Government of
India exclusive jurisdiction and privileges for
establishing, maintaining, operating, licensing
and oversight of all forms of wired and wireless
communications within Indian Territory.

12. • The Telecom Regulatory Authority of India Act,
1997 enabled the establishment of the TRAI.
• TRAI acts as an independent regulator of the
telecommunications industry in the country. One
of the main objectives of TRAI is to provide a fair
and transparent policy environment which
promotes a level playing field and facilitates fair
competition amongst various telecom players.
TRAI’s powers are recommendatory, mandatory,
regulatory and judicial.

13. • The mission of TRAI is to create and nurture such
conditions that encourage the growth of the telecom
sector in India so that the country can play an important
role in the world telecom society.
• TRAI’s powers and functions includes :
 settlement of disputes that arise between service providers.
 maintaining a register of interconnect agreements.
 give advice to the government at the centre on subjects that are connected
with the development of the telecommunication technology.
• TRAI issues large number of directives, regulations, and
orders that deal with various subjects such as
interconnection, service quality, and tariff.

14. • The Telecom Regulatory Authority of India (Amendment)
Act, 2014 was passed by Parliament on July 15, 2014.
• The TRAI Act prohibited a former Chairperson or whole-
time members of the Telecom Regulatory Authority of
India (TRAI) to be employed with central or state
governments.
• The Act removes restrictions on a former TRAI
Chairperson or whole-time members undertaking
commercial employment except for an appointment with
a telecom service provider. They can accept an
appointment with a telecom service provider only: (i) after
two years from the date they cease to hold office, or (ii)
before completion of two years with the approval of the
central government.

15. • MNP or mobile number portability, allows consumers to
change service provider in any part of the country while
retaining their existing number.
• TRAI has issued sixth amendment to the
Telecommunication Mobile Number Portability
Regulation, in 2009.
• The department of telecommunications had on
November 3, 2014, issued amendments to MNP licence
agreement stating that the facility should to be
implemented across the country within a period of six
months from the date of amendment of the licences