COI/ IT LAWS AND PRACTICES Module 1.pptx

COI/IT LAWS AND PRACTICES

1. IT Law and Practices Dr. S. Visalakshi Department of Computer Applications

2. Introduction to IT Laws and Practices IT law and practices are critical for governing the use of technology and the internet. These laws ensure that technology is used ethically, securely , and responsibly, while practices help in the effective implementation and compliance with these laws.

3. Till  World War II , the country was in 3 areas of warfare , that are land, sea and air . Today it is expanded to cyberspace and space . Usage of internet is high. Breach of cyber security is more in all internet sources. Connected in a global domain via Internet can be both beneficial and dangerous . T he D e ve l op me nt o f I n f o r ma t i on T e ch n o l o g y: C o m pu t e r s and C y be rs pace Introduction

4. Cont.. Ex of few incidents: Yahoo:  3 billion accounts were hacked making it the biggest data breach in the history. eBay:  Requested 145 million users to change their passwords after Yahoo. According to Kaspersky, there are  3,15,000 viruses created every day .

5. Cyberspace refers, an electronic medium that is used to facilitate online communication. Involves large computer network that employ TCP/IP protocol to aid in communication and data exchange activities . Allows users to share information, interact, play games, social forums , conduct business and create media. Cyberspace

6. Cont.. Challenges that the technology space faces in cybersecurity are the following: Ransomware Evolution Malware Attack Phishing Password Attacks DDoS Attacks Man in the Middle Attacks Malvertising

7. Cover a wide range of areas due to the vast and evolving nature of digital activities. Here are some key aspects: Data Privacy and Protection Regulations : Laws such as the General Data Protection Regulation (GDPR) in the EU and the California Consumer Privacy Act (CCPA) in the US set rigorous requirements for the collection, processing, and storage of personal data . Rights: Individuals have rights over their data, including the right to access, correct, delete, and transfer their data. Legal Implications of Cybercrime

8. Cont.. Cybersecurity Compliance: Organizations must comply with various cybersecurity frameworks and standards , such as ISO/IEC 27001 , NIST Cybersecurity Framework, and others, to protect against data breaches and cyber attacks. Liability: Companies can face significant fines and legal action if they fail to protect sensitive data or experience a data breach due to negligence.

9. Cont.. Intellectual Property Copyright and Trademark : Protecting digital content, software, and online branding is crucial. Unauthorized use or reproduction can lead to legal disputes . Patents: Innovations in software and technology can be patented, but the legal landscape for software patents varies by jurisdiction.

10. Cont.. E-commerce and Consumer Protection Online contracts and terms of service meet legal standards. Laws protect consumers from unfair practices.

11. Cont … Cybercrime: Laws against hacking, identity theft, online fraud, and other cybercrimes are in place to protect individuals and organizations. Cybercrimes cross national borders , making it challenging to determine the jurisdiction and enforce laws. Penalties - fines to imprisonment , depending on the severity and nature of the crime. Preventive measure: Using strong passwords , implementing cybersecurity protocols , and regularly updating software

12. Cont.. Blockchain and Cryptocurrencies The legal status of cryptocurrencies varies widely, with some countries embracing them and others imposing strict regulations or bans. Difficult for hacking, fraud and theft Recreate the traditional financial system . Legal recognition and enforceability of smart contracts

13. Cont.. Content Regulation: Balancing free speech with the need to prevent harmful or illegal content Online platforms (e.g., social media, search engines) are responsible for user-generated content varies by jurisdiction.

14. Cont … Artificial Intelligence and Automation Determining liability for decisions made by AI systems is a developing legal area. Legal frameworks are being developed to address ethical concerns related to AI, such as bias and discrimination.

15. Cont.. Employment Law The rise of remote work due to technological advances requires new considerations in employment law , such as workplace safety , data security , and employee rights. Navigating the legal implications of cyberspace requires staying updated with evolving laws and regulations, as well as understanding the interplay between technology and legal frameworks.

16. Key regulatory issues The development of Information Technology (IT) involves navigating various regulatory issues , which can significantly impact innovation, operations, and market dynamics. Here are some key regulatory issues: Data Privacy and Protection: Laws and Regulations: Compliance with data privacy laws such as the General Data Protection Regulation (GDPR) in Europe, the California Consumer Privacy Act (CCPA) in the U.S ., and other local data protection laws . Data Breaches: Requirements for reporting and managing data breaches, and ensuring data security.

17. Cont.. 2. Cybersecurity Standards and Practices : Adherence to cybersecurity standards and frameworks like NIST, ISO/IEC 27001, and others. Incident Response : Regulations requiring companies to have plans and procedures for responding to cyber incidents.

18. Cont.. 3. Intellectual Property (IP)Patents and Copyrights: Protecting software, algorithms, and other IT innovations through patents and copyrights . Trade Secrets: Safeguarding proprietary information and technologies.

19. Cont.. 4. Antitrust and Competition Market Dominance : Regulations to prevent monopolistic practices and ensure fair competition in the IT sector. Mergers and Acquisitions: Regulatory oversight of mergers and acquisitions to prevent market concentration.

20. Cont.. 5. Telecommunications and Network Regulations Spectrum Allocation: Regulation of spectrum use for wireless communications. Net Neutrality: Ensuring equal access to internet services without discriminatory practices by internet service providers (ISPs).

21. Cont.. 6. Artificial Intelligence (AI) and Automation Ethical Use: Guidelines and regulations for the ethical use of AI and machine learning technologies. Transparency and Accountability: Requirements for transparency in AI algorithms and accountability for their outcomes.

22. Cont.. 7. Consumer Protection Product Safety: Regulations ensuring that IT products meet safety standards. Advertising and Marketing: Compliance with truth-in-advertising laws and regulations.

23. Cont.. 8. International Trade and Cross-Border Data Flows Data Localization : Rules requiring data to be stored within certain jurisdictions. Trade Agreements : Impact of international trade agreements on the IT industry.

24. Cont.. 9. Environmental Regulations E-Waste Management : Regulations for the disposal and recycling of electronic waste. Sustainability : Encouraging sustainable practices in the production and use of IT hardware.

25. Cont.. 10. Employment and Labor Laws Workplace Practices : Ensuring fair labor practices and compliance with employment laws in the IT sector. Gig Economy : Regulation of IT-driven gig economy platforms.

26. Cont … 11. Digital Rights and Freedom of Speech Censorship and Content Regulation : Balancing the regulation of harmful content with the protection of free speech online. Platform Liability : Determining the liability of online platforms for user-generated content.

27. Cont.. These regulatory issues require a balanced approach to foster innovation while protecting consumer rights , ensuring security , and maintaining fair competition in the evolving landscape of information technology.

28. Introduction: The buying and selling of products and services through an electronic medium Sharing business information , maintaining business relationships and conducting business transactions via telecommunications networks”. Enables a firm or individual to conduct business over an electronic network, typically the internet. E-Commerce

29. Types of e-Commerce Business to Business (B2B): Involves transactions between two businesses Business to Consumer (B2C): Sells goods and services directly to consumers. Consumer to Consumer (C2C): Good or services are sold and purchased between two consumers. Consumer to Business (C2B): When customers offer products or services to businesses. This can include freelance work, photography, design services, and more.  Cont..

30. Cont.. Business to Government (B2G): Businesses providing goods or services to government entities. Examples: Companies that supply office supplies, IT services, or construction services to government agencies. Government to Business (G2B): Government entities can also sell goods or services to businesses, including regulatory information, licenses, and permits.

31. Cont.. Government to Consumer (G2C): Provide services or information directly to consumers . Includes paying taxes, renewing licenses, or accessing public records online. Mobile Commerce (m-commerce): Buying and selling through mobile devices. Social Commerce: Using social media platforms to facilitate e-commerce transactions. Examples: Instagram Shopping, Facebook Marketplace, and Pinterest Buyable Pins.

32. Cont.. Subscription Commerce: Consumers subscribe to receive products or services on a regular basis. Examples: Netflix, Dollar Shave Club, and Blue Apron. Dropshipping : Retailers selling products without keeping them in stock. Instead, when a product is sold, it is purchased from a third party and shipped directly to the customer.

33. Cont.. Affiliate Commerce: Promoting products or services on behalf of another company and earning a commission for any sales generated through referral links. Examples: Affiliate marketing programs like Amazon Associates.

34. Legal recognition of e-commerce practices Essential for the effective regulation and facilitation of online business activities. This recognition typically involves creating and implementing laws and regulations that address various aspects of e-commerce , ensuring that online transactions are secure , reliable, and fair.

35. Cont.. Key areas where legal recognition is important for e-commerce practices: Electronic Contracts and Signatures: Laws like the Electronic Signatures in Global and National Commerce (ESIGN) Act in the US and the EU’s eIDAS Regulation provide legal recognition to electronic signatures and contracts. These laws ensure that electronic contracts are as legally binding as their paper counterparts.

36. Cont.. Consumer Protection: E-commerce laws often include provisions to protect consumers from fraud, ensure transparency in transaction s, and provide alternative in case of disputes . This includes regulations on return policies , data protection , and the accuracy of product descriptions.

37. Cont.. Data Privacy and Security : Regulations such as the General Data Protection Regulation (GDPR) in the EU and the California Consumer Privacy Act (CCPA) in the US set standards for how businesses must handle personal data . These laws require e-commerce platforms to implement robust data security measures and provide users with control over their personal information.

38. Cont.. Intellectual Property Rights: E-commerce platforms must navigate intellectual property laws to prevent the sale of counterfeit goods and protect the rights of content creators. This includes mechanisms for copyright violation takedowns and trademark protection.

39. Cont.. Taxation : E-commerce transactions are subject to taxation , and laws are in place to ensure that online businesses adapt with tax obligations . This includes sales tax, value-added tax (VAT ), and other applicable taxes based on the jurisdiction.

40. Indian Penal Code (IPC) Primary criminal code of India. Enacted in 1860 during the British colonial period and has been amended several times to address the evolving legal needs of the country . The IPC lays down definitions and punishments for various offenses , and it applies to all persons in India, with some exceptions.

41. IPC 1860 IPC was enacted on October 6, 1860, and came into force on January 1, 1862. Structure of the Indian Penal Code The IPC is divided into 23 chapters, containing 511 sections.

42. IPC Section 29A: "Electronic Record" Section 29A of the Indian Penal Code, 1860 , - to define " electronic record " in alignment with the advancements in technology and the increasing importance of digital documents . 29A- "Electronic record": Definition According to Section 2(1)(t) of the Information Technology Act, 2000, " electronic record " means data, record, or

43. Cont.. data generated, image or sound stored, received or sent in an electronic form or microfilm or computer-generated microfiche .

44. Cont.. This law will ensure that digital documents are recognized within the framework of Indian criminal law . This inclusion is crucial for dealing with cybercrimes (hacking, phishing, identify theft, and unauthorized access) , digital evidence , and offenses (cyberstalking, online harassment, spreading malicious software, and distribution of illegal content) involving electronic communication.

45. Cont.. Importance Recognition of Digital Evidence: With the advent of technology , a significant amount of evidence in criminal cases is in digital form . Recognizing electronic records ensures that such evidence is admissible in court .

46. Cont.. Cybercrime Legislation: Ensure that offenses involving digital data and communications are covered under the law. Consistency Across Laws: Consistency and clarity across different laws , facilitating better enforcement and interpretation.

47. Cont.. Section 29A of the IPC ensures that electronic records are legally recognized within the Indian criminal justice system . This recognition is crucial in today's digital age , where a significant amount of communication, transactions, and evidence are in electronic form .

48. IPC Section 167 Deals with the procedure when an accused is not released on bail and the investigation is not completed within the stipulated period. Provision : It specifies the procedure for the investigation of an offense if the accused is in custody and the investigation is not completed within the time limit prescribed by law. Time Limit : Generally, the investigation must be completed within 24 hours of the arrest . If it exceeds this period , the accused should be released on bail unless there are reasonable grounds for the delay.

49. IPC Section 172 Deals with the " Failure to produce documents or produce false documents ": This section relates to the obligations of individuals who are required to produce documents or evidence in legal proceedings. Specifically, it outlines the punishment for those who fail to comply with such requirements or who intentionally provide false information .

50. Cont.. Failure to Produce Documents: If a person , who is legally required to produce documents or evidence , fails to do so, they may face legal consequences. Punishment: The section provides for imprisonment of up to six months or a fine or both , depending on the circumstances .

51. IPC Section 173 Deals with the " Report of police officer on completion of investigation “ This section mandates that after the completion of an investigation by the police, the officer in charge of the investigation must submit a report to the magistrate. Report Submission: The police officer must prepare and submit a report detailing the findings of the investigation . This report includes information about the evidence collected , the progress of the investigation , and whether there is sufficient ground to proceed with a trial. The report helps the magistrate determine whether there is enough evidence to formally charge the accused and proceed with the case.

52. IPC Section 175 Addresses "Refusing to answer a public servant" : This section pertains to the refusal to answer questions posed by a public servant who is legally authorized to seek such information in the discharge of their duties. If a public servant demands information in the course of their duties, an individual is legally obligated to respond truthfully . If a person refuses to answer or willfully neglects to respond, they may face punishment . The penalty for such refusal or neglect is imprisonment for up to one month or a fine of up to five hundred rupees , or both.

53. IPC Section 192 Deals with " Giving false information, with intent to cause a public servant to use his lawful power to the injury of another person ": This section addresses the crime of purposely providing false information to a public servant , knowing that it could cause the public servant to act in a way that harms another person. The offense is punishable with imprisonment for up to two years , or with a fine , or both. This section is designed to prevent misuse of public authority and to ensure that public servants make decisions based on accurate and truthful information .

54. IPC Section 204 Deals with " Destruction of document to prevent its production as evidence" : This section addresses the offense of intentionally destroying, altering, or concealing a document with the intent to prevent it from being produced as evidence in a legal proceeding . The section targets individuals who destroy or tamper with documents to block justice or avoid legal scrutiny . The punishment for this offense is imprisonment for a term that may extend to seven years, or a fine, or both .

55. Sections 463 Deals with :”Forgery” The two sections have to be read and construed together for deciding whether a person has committed the offence. ( i ) intent to cause damage or injury to the public or to any person; (ii) intent to support any claim or title; (iii) intent to cause any person to part with property; (iv) intent to cause any person to enter into a contract; (v) intent to commit fraud; (vi) intent that fraud may be committed.

56. Cont … Making a False Document: The creation, alteration, or signing of a document with the intention to cheat . Intent: The act must be done with the intention to cause harm , defraud, or gain an unfair advantage. Punishment: The punishment for forgery is prescribed under IPC Section 465 , which includes imprisonment for a term that may extend to two years , or with a fine , or both. This section aims to protect the authenticity and reliability of documents and records, ensuring that transactions and legal processes are based on genuine and truthful information.

57. IPC Section 464 This section outlines the conditions under which a person can be said to have made a false document or false electronic record with the intent of committing forgery. False Document : A person is said to make a false document if: They create a document , claiming it to be made by another person or by themselves under false pretenses . They alter a document without authority , causing it to be false in a material part . They sign a document in the name of another person without their authority.

58. Cont.. False Electronic Record : Similarly, creating a false electronic record involves: Creating an electronic record or part of it, falsely claiming it to be made by another person or by oneself under false pretenses . Altering an electronic record without authority , causing it to be false in a material part. Signing an electronic record in the name of another person without their authority.

59. Cont.. Examples : Example 1 : If Person A signs a check in Person B's name without B's consent, Person A has made a false document. Example 2 : If Person C alters a land title deed to change ownership details without the owner's consent, Person C has made a false document.

60. IPC Section 466 Deals with " Forgery of record of Court or of public register, etc.": Provision: This section addresses the forgery of certain documents , specifying more severe punishments due to the nature of the documents involved. Key Points: Nature of Documents: Forgery of any document that is a record or proceeding of or in a Court of Justice.

61. Cont.. Forgery of any document that is a register kept by a public servant as such or any document that is kept by a public servant in his capacity as such. Forgery of any document or record kept by a public servant in his capacity as such, including public registers. Intent: The act must be done with the intention to cause damage or injury, or to support any claim or title , or to cause any person to part with property , or to enter into any express or implied contract, or with the intent to commit fraud or that fraud may be committed.

62. Cont.. Punishment: Imprisonment : The punishment for this offense is imprisonment of either description for a term that may extend to seven years. Fine : The offender is also liable to a fine.

63. IPC Section 468 This section specifically addresses cases where forgery is committed with the intention of cheating someone. The punishment can include imprisonment for up to seven years and a fine.

64. IPC Section 469 Deals with forgery for the purpose of harming the reputation of any party. This section specifically addresses instances where forgery is committed with the intent to damage the reputation of a person , whether alive or deceased. Commits forgery , intending that the document or electronic record forged shall harm the reputation of any party , or knowing that it is likely to be used for that purpose , shall be punished with imprisonment of either description for a term which may extend to three years , and shall also be liable to fine .

65. IPC Section 470 A forged document or electronic record is defined as a document or electronic record that is falsely made , signed, sealed, or executed , or a document or electronic record that contains a false statement , with the intent to cheat.

66. IPC Section 471 Deals with the use of forged documents or electronic records as genuine . Punished in the same manner as if he had forged such document or electronic record. This means that the punishment for using a forged document is the same as the punishment for forging that document , depending on the nature of the forgery and the specific circumstances.