It includes CYber Law in India, It Act 2000 and IT Amendment act 2008
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Added: Mar 19, 2022
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Submitted by ATHULYARAJ D S Roll No: 30 Physical Science
CYBER LAW Cyber law also called IT law is the law regarding information technology including computers and internet. It is related to legal informatics and supervise the digital circulation of information, software information security and e-commerce.
Importance of Cyber Law It covers all transactions over internet It keeps eyes on all activities over internet It touches every action and every reaction in cyber space
Advantages of Cyber law Organisations are now able to carry out e-commerce Digital signatures have been given legal validity and sanction in the act It allows government to issue modification on the web, thus heralding e-commerce It addresses, the important issues of security, which are so critical to the success of electronic transactions.
IT ACT 2000 The primary source of cyber law in India is the Information technology Act, 2000( IT Act) which is dealing with cyber crime and electronic commerce . The act of parliament received the assent of the president on 9 th June 2000. IT act came into force on 17 th October 2000 . IT act 2000 is based on UNCITRAL (United Nations Commission on International Trade Law) Model Law.
IT Act 2000 has 13 chapters, 94 sections and 4 schedules . It is an act to provide legal recognition for transactions carried out by means of electronic communication, commonly referred to as “electronic commerce”. Electronic commerce can now be carried out by persons to whom a ‘Digital Certificate’ is issued . Any person to whom such certificate is issued can now authenticate an electronic record by affixing his digital signature to the document.
Objectives of IT Act 2000 Legal recognition to transactions carried out by means of electronic data interchange . Promote e-commerce which is an alternative to the paper based method of communication and storage of information . To facilitate e-filling of documents with the government departments and agencies . To bring suitable amendments to the existing laws in pursuit of the objectives of IT Act.
Important Sections of IT Act 2000 Section 43 : Penalty and compensation for damage to computer, computer system etc . Section 65 : Cyber tampering Section 66 : Hacking with computer system Section66A : Punishment for sending offensive messages through computers or any other communication devices such as mobile phone or tablets .
Section 66B : Punishment for stolen computers or resources to the identified theft. Section 66C: Punishment to identity theft Section 66D : Cyber personation Section 66E : Punishment for violation of privacy Section 66F : Cyber terrorism
Section 67: Punishment for publishing or transmitting obscene material in electronic form Section 67A: Cyber pornography Section 70 :Prevents unauthorized to protected system Section 73 : Penalty for publishing false digital signature certificate On March 24,2015, Supreme court deleted the section 66A of IT Act
IT ACT 2008
The IT Amendment Act 2008 is a substantial addition to IT Act 2000 . The IT Amendment was passed by the Indian parliament in October 2008 and came into force on October 27, 2009. The act is administered by Indian Computer Emergency Response team . The original act was developed to promote the IT industry, regulate e-commerce, facilitate e-governance and prevent cybercrime.
The act also seek 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. IT Act 2008 has 14 chapters, 124 sections, and 2 schedules. The electronic document is schedule 1 and electronic signature is schedule 2 .
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. 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.