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22572154 the Information Technology Act 2000

22572154 the Information Technology Act 2000

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Published by Arpit Agarwal

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Published by: Arpit Agarwal on Dec 06, 2010
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 The Information Technology Act 2000SAINTGITS
INFORMATION TECHNOLOGY ACT, 2000
 The law relating to ‘information technology’ is contained in the Information Technology (IT) Act, 2000 which came into force on 17th October, 2000. It is thefirst Cyber Law in India. It is mainly based on the UNCITRAL Model Law. TheUnited Nations Commission on International Trade Law (UNCITRAL) adopted theModel Law on Electronic Commerce in 1996. This Model Law provides for equallegal treatment of users of electronic communication and paper basedcommunication.
OBJECTS OF THE ACT
 The Information Technology Act, 2000 seeks to achieve the following objects.1.To grant legal recognition to electronic records.2.To grant legal recognition to Digital Signature for authentication of lieinformation or matters requiring authentication under any law of thecountry3.To permit retention of information, documents and records in electronicform where any law requires such retention for a specific period.4.To foster use and acceptance of electronic records and digital Signaturesin the Government offices and its agencies5.To prevent the possible misuse arising out of transactions and oilierdealings concluded over the electronic medium.6.To prevent and arrest offences as well as deter abuse of Information Technology.7.To deal with civil and criminal liabilities arising out of contravention of theprovisions of the law.8.To provide for necessary changes in the various provisions, which dealwith offences relating to documents and paper-based transactions.9.To facilitate electronic fund transfers between the financial institutionsand banks.10.To give legal sanctity for books of account maintained in the electronicform by the banks.
Documents (or Transactions) excluded from the scope of InformationTechnology Act
a.A negotiable instrument as defined in section 13 of the NegotiableInstrument Act, 1881.b.A power-of-attorney as defined in Section 1 A of the Powers of AttorneyAct, 1882Sebastinak.s@in.com
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 The Information Technology Act 2000SAINTGITSc.A trust as defined in section 3 of the Indian Trusts Act, 1882d.A will as defined in section 2 (h) of the Indian Succession Act 1925e.Any contract for the sale or conveyance of immovable property or anyinterest in such propertyf.Any such class of documents or transactions as may be notified by theCentral Government in the Official Gazette.
DEFINITIONSAccess [Sec. 2 (1) (a))
“Access” means gaining entry into, instructing or communicating with thelogical, arithmetical, or memory functions resources of a computer, computersystem or computer network.
Affixing digital signature [Sec. (1) (d))
Affixing digital signature means adoption of any methodology or procedure by aperson for the purpose of authenticating an electronic record by means of digitalsignature.
Asymmetric Crypto System [Sec. 2(1) (f)]
“Asymmetric crypto system” means a system of a secure key pair consisting of aprivate key for creating a digital signature and a public key to verify the digitalsignature.
Computer [Sec. 2(1) (i)1
“Computermeans by electronic magnetic, optical or other high speed dataprocessing device or system which performs logical, arithmetic and memoryfunctions by manipulations of electronic, magnetic, or optical impulses, andincludes all input, outpost, processing, storage, computer software, orcommunications facilities which are connected related to the computer in acomputer system or computer network.
Computer System [Sec. 2(1) (h)i
“Computer system” means a device or collection of devices, including input andoutput support devices and excluding calculators which are not programmableand capable of being used in conjunction with external files, which containcomputer programmes, electronic instructions, input data, and output data,that performs logic, arithmetic, data storage and retrieval, communicationcontrol and other functions
Data [Sec. 2(1) (o)J
“Data” means a representation of information, knowledge, facts, concepts orinstructions which are being prepared or have been prepared in a formalisedSebastinak.s@in.com
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 The Information Technology Act 2000SAINTGITSmanner and it is intended to be processed, is being processed or has beenprocessed in computer system or computer network, and may be in any form(including computer printouts magnetic or optical storage media, punched cards,punched tapes) or stored Internally in the memory of the computer.
Digital Signature [Sec. 2(1) (p)J
“Digital signature” means authentication of any electronic record by a subscriberby means of an electronic method or procedure in accordance with theprovisions of section 3.
Electronic Form (Sec. 2(1) (r)J
“Electronic formwith reference to information means any informationgenerated, sent, received or stored in media, magnetic, optical, computer,memory, micro film, computer generated micro fiche or similar device.
Electronic Record [Sec. 2(1) (t)J
“Electronic recordmeans data, record or data generated, image or soundstored, received or sent in an electronic form or microfilm or Computergenerated micro fiche-,
Information [Sec. (1) (v))
“Informationincludes data, text, images, sound voice codes computerprogrammes, software and databases or micro film or computer ci1cratedmicrofiche.
“Originator”
means a person who sends, generates, stores or transmits anyelectronic message or cause any electronic message to be sent, generatedstored or transmitted to any other person, but does not include an intermediary.[Section 2 (1) (za)]
Key pair:
In an asymmetric crypto system, ‘key pair’ means a private key andits mathematically-related public key, which are so related that the public keycan verify a digital signature created by the private key. [Sec. 2(l)(x)].
Private key:
It means the key of a key pair used to create a digital signature.[Sec. 2(l)(zc)].
Public key:
It means the key of a key pair used to verify a digital signature andlisted in the Digital Signature Certificate. [Sec. 2(l)(zd)J.
Subscriber:
It means a person in whose name the Digital Signature Certificateis issued, [Sec. 2(l)(zg)].
Secure System [Sec. 2(l) (ze)1
“Secure system” means computer hardware, software, and procedure thatSebastinak.s@in.com
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