CYBER LAW IN INDIA

 In India the Information Technology Act,

2000 is the legislation that deals with issues

related to the Internet.

 THE
INFORMATION
TECHNOLOGY ACT ,
2000
 GOVERNMENT –NSP??
 GOVERNMENTS PROVIDING SERVICES ON THE
NETWORK
 GOVERNMENTS ARE INTERMEDIARIES
 UNDER THE IT ACT, 2000, ALL GOVERNMENTS,
CENTRAL AND STATE, AS ASLO ALL
GOVERNMENTAL BODIES ARE “NETWORK
SERVICE PROVIDERS”
 Section 79
 For the removal of doubts, it is hereby
declared that no person providing any service
as a network service provider shall be liable
under this Act, rules or regulations made
thereunder for any third party information or
data made available by him if he proves that
the offence or contravention was committed
without his knowledge or that he had exercised
all due diligence to prevent the commission of
such offence or contravention.
 Network Service Providers:
When Not Liable
 Explanation.—For the purposes of this section,
—
(a) "network service provider" means an
intermediary;
(b) "third party information" means any
information dealt with by a network service
provider in his capacity as an intermediary.
 TRANSPARENCY
 NEED FOR TRANSPAREN E-GOVERNMENTAL
PROVIDERS
 RIGHT TO INFORMATION ACT
 GOVERNMENTAL WOULD NOW NOT BE ABLE
TO HIDE RECORDS CONCERNING E-
GOVERNMENTAL PROCUREMENTS
 I.T. ACT, 2000:
OBJECTIVES
 Different approaches for controlling,
regulating and facilitating electronic
communication and commerce.
 Aim to provide legal infrastructure for
e-commerce in India.
 OBJECTIVES (contd.)
 To provide legal recognition for transactions:-
 Carried out by means of electronic data
interchange, and
 Other means of electronic communication,
commonly referred to as "electronic
commerce", involving the use of alternatives
to paper-based methods of communication and
storage of information.
 OBJECTIVES (contd.)
 To facilitate electronic filing of documents
with the Government agencies
 To amend the Indian Penal Code, the Indian
Evidence Act, 1872, the Banker's Book
Evidence Act, 1891 and the Reserve Bank of
India Act, 1934
 AUTHENTICATION OF
ELECTRONIC RECORDS
 Any subscriber may authenticate an electronic
record
 Authentication by affixing his digital
signature.
 Any person by the use of a public key of the
subscriber can verify the electronic record
 LEGALITY OF DIGITAL
SIGNATURES
 Legal recognition of digital signatures.
 Electronic Signatures not yet legal in India.
 Certifying Authorities for Digital Signatures.
 Scheme for Regulation of Certifying
Authorities for Digital Signatures
 CONTROLLER OF
CERTIFYING
AUTHORITIES
 Shall exercise supervision over the
activities of Certifying Authorities
 Lay down standards and conditions
governing Certifying Authorities
 Specify various forms and content of
Digital Signature Certificates
 DIGITAL SIGNATURES &
ELECTRONIC RECORDS
 Use of Electronic Records and Digital Signatures in

Government Agencies.

 Publications of rules and regulations in the

Electronic Gazette.

 MCA –21 Project- Usage of Digital Signatures

 COMPENSATION

If a person without the permission of owner or

any other person in charge of a computer,
computer system or computer network,
accesses or secures access to such computer,
computer system or computer network, he is
liable to pay statutory damages by way of
compensation, not exceeding one Crore rupees
( Rs 10,000,000/- ) to the person so affected.
 CYBER OFFENCES

 Various cyber offences defined

 Cyber offences to be investigated only by a

Police Officer not below the rank of the
Deputy Superintendent of Police.
 CYBER OFFENCES (contd.)
 Tampering with computer source documents.
 Publishing of information which is obscene in
electronic form.
 Breach of confidentiality and privacy.
 CYBER OFFENCES (contd.)

 Hacking
 Misrepresentation
 Publishing Digital Signature Certificate false
in certain particulars and publication for
fraudulent purposes.
 LITIGATION ALREADY
BEGUN
 Litigation already begun in India relation to e-
procurement.
 Numerous legal issues relating to electronic
government procurement will continue to
emerge in the near future.
 Need to adopt a proactive approach in dealing
with these various legal challenges
 AMENDMENTS IN
IT ACT, 2000
 MAKES THE LAW TECHNOLOGY
NEUTRAL
 ELECTRONIC SIGNATURES INSTEAD OF
DIGITAL SIGNATURES
 NEW PROVISION ON PRIVACY
 WATERS DOWN THE LIABILITY OF THE
NETWORK SERVICE PROVIDERS
HUGE DRAWBACKS OF THE
PROPSOED AMENDMENTS
 DATA PROTECTION
 NO NEW CYBERCRIMES ADDED

 PRIVACY APPROACH PRIMITIVE

 INTELLECTUAL PROPERTY RIGHTS

 TAXATION

 E-PAYMENTS
 NEED TO COMPLY
 There is a need to proactively comply with the
requirements of the Indian Cyberlaw .
 Necessary to limit liability and emergence of
undesirable consequences.
 The Information Technology Act, 2000
currently under review by the Government.
 Need to adopt a flexible approach of due
diligence.
 Types of Cyber crimes
 Credit card frauds
 Cyber pornography
 Sale of illegal articles-narcotics, Crime against Government
weapons, wildlife
 Online gambling
 Intellectual Property crimes-
software piracy, copyright
infringement, trademarks
violations, theft of computer Crime against property
source code
 Email spoofing
 Forgery
 Defamation
 Cyber stalking (section 509 IPC) Crime against persons
 Cyber terrorism
Frequency of incidents of Cyber crimes in
India

Denial of Service: Section

43
Virus: Section: 66, 43
Data Alteration: Sec. 66
U/A Access: Section 43
Email Abuse: Sec. 67,
500, Other IPC Sections
Data Theft: Sec 66, 65

Source: Survey conducted by ASCL

No. of Indian web-sites defaced
8000
7039
7000
6000
5000
4000
3000 2219
2000
1002
1000 441
0
2004 2005 2006 2007

24
 Computer Related Crimes under IPC
and Special Laws
Sending threatening messages by email Sec 503 IPC

Sending defamatory messages by email Sec 499, 500 IPC

Forgery of electronic records Sec 463, 470, 471 IPC

Bogus websites, cyber frauds Sec 420 IPC

Email spoofing Sec 416, 417, 463 IPC

Online sale of Drugs NDPS Act

Web-Jacking Sec. 383 IPC

Online sale of Arms Arms Act

25
ASLU Survey published in March
2007-Incidence of Cyber crime in
India
 Non Reporting-causes
 60% feared negative
UNAUTHORISED publicity
ACCESS 19%
 23% did not know police
equipped to handle cyber
E-MAIL ABUSE 21% crimes
 9% feared further cyber
attacks
DATA THEFT 33%
 8% had no awareness of
cyber laws
 False arrest concerns
 Frequency of incidents of Cyber crimes in
India
Incident wise break up
other 2007
2006 Denial of Service: Section
dos 43
Virus: Section: 66, 43
virus
Data Alteration: Sec. 66
Data
alteration U/A Access: Section 43
Email Abuse: Sec. 67,
un.Access
500, Other IPC Sections

email abuse Data Theft: Sec 66, 65

0 5 10 15 20 25 30
Source: Survey conducted by ASCL