Chapter 5.

IT Act and Cyber Law

Q. 1 What is data recovery?

Ans. :
Data recovery is the process of retrieving lost data from storage devices.

Q. 2 Explain step wise procedure to recover deleted files.

Ans. :
. If the file is deleted from the recycle bin, or by using shift + delete button, the
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simplest and easiest way to recover deleted file is by using a data recover
software.
. If the file has been partially over written, there are some data recovery software
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applications which will perform better to recover the maximum of data.
. It is important to save the recovered file in a separate location like a flash drive.
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. A file can only be permanently lost if it is over written. So do not over write, do
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not install or create new data on the file location.

Q. 3 Explain how to recover the formatted partition.

Ans. :
. If the hard drive is formatted, then people generally use a bootable CD to start the
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system. But if the system is booted and installed something like an operating
system, on the formatted drive then there is more chances of losing the data
forever.
. Formatting is to add deletion mark on all files or even empty FAT and system
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couldn't identify any content of disk partition. Formation nevertheless doesn't
perform any operation upon data. Though directory is empty, data still exists. By
utilizing data recovery software, user could retrieve all those data.
. Partition damage could probably render users considerable losses not only in terms
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of data, but economically also. Partition data loss is likely to bring about tens of
millions of economic loss for user. Therefore, user should attach great attention on
data protection while using computer.
. To recover files from a formatted drive through data recovery software is not a
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very complicated process, but it can be lengthy, and will need:
a. An enclosure (to convert hard drive into USB external drive).
. A bootable system with preferably a high storage capacity hard drive.
b
c. A disk image creator and a virtual disk creator.
. Data recovery software.
d
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 e. Sufficient storage space on devices other than the formatted drive.

Q. 4 Explain NTFS Recovery.

Ans. :
NTFS Recovery:
. NTFS (New Technology File System) is the best file system, which supports large
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volumes, encrypts all data, and makes file compression and auditing easier. NTFS
makes it easier for modern data recovery software to recover lost files.
. Most data recovery software programs support all kinds of file systems, but their
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performance is inconsistent when it comes to retrieving data from these file
systems.
. How to recover files from an NTFS drive :
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a. After downloading the data recovery software to a different location,
preferably on a different system or at least a different partition, runs the
application.
. Select the partition from where you need to recover lost data. Depending on
b
the size of the partition, scanning may take approximately 15-20 minutes
(about half an hour if the partition is 80 GBs or more).
c. Once the scan is complete, the software will show you recoverable files. If
the files you are looking for are not among those that can be recovered, we
recommend trying a couple of different software applications (different
applications work differently and files not recoverable by one may be recoverable
by another).
d. Select the files you wish to recover and let the software do its magic. Some
files may be partially recoverable and some may not be available for preview in their
finished form. You may have to scroll through a bit of code to determine whether it’s the
file you are looking for.
This step should come naturally, but after a file is recovered, create multiple
backups and make it a habit from now on.

Q. 5 What is Cybercrime? List different types of cyber crime

Ans. :
Cyber crime is a generic term that refers to all criminal activities done using the
medium of computers, the Internet and the worldwide web.
Types of Cyber Crime :
. Financial: This crime disrupts businesses' ability to conduct 'e-commerce'.
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 . Piracy: This is related to the act of copying copyrighted material. The personal
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computer and the Internet both offer new way for an 'old' crime. Online theft is
known as any type of piracy or private data that involves the use of the Internet to
market or distribute creative works protected by copyright.
. Hacking: This crime is related to the act of gaining illegal access to a computer
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system or network and some time making unauthorized use of such access. Also, it
is the act by which other forms of cyber-crime like fraud, terrorism, etc. are
committed.
. Cyber-terrorism: The main outcome of acts of hacking is designed to cause
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terror. E-terrorism is the result of hacking which will cause violence against
persons or property, or at least cause enough harm to generate fear like other
conventional terrorism.
. Online Pornography: There are laws against possessing or distributing child
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pornography. Distributing pornography of any form to a minor is illegal. The
Internet is merely a new medium for this 'old' crime, but how best to regulate this
global medium of communication across international boundaries and age groups
has sparked a great deal of controversy and debate.
. Sabotage: It is another type of hacking involves the hijacking of a government or
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corporation Web site. It means a purposeful destruction of property or slowing
down of work with the intention of damaging a business or economic system or
weakening a government or nation in a time of national emergency.

Q. 6 Explain concept hacking and cracking? Explain different types of Hackers.

Ans.
Hacking is one of the most well-known types of computer crime. A hacker is someone
who find out and exploits the weaknesses of a computer system or network.
There are different types of hacker :
. White Hat : This type of hackers is someone who has non-malicious purpose
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whenever he breaks into security systems. In fact, a large number of white hat
hackers are security experts themselves who want to push the boundaries of their
own IT security ciphers and shields or even penetration testers specifically hired to
test out how vulnerable or impenetrable (at the time) a present protective setup
currently is. A white hat that does vulnerability assessments and penetration tests
is also known as an ethical hacker.
. Black Hat : This type of hackers is also known as a cracker and he has a
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malicious purpose whenever he goes about breaking into computer security
systems with the use of technology such as a network, telecommunication system,

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 or computer and without authorization. His malicious purposes can range from all
sorts cybercrimes such as piracy, identity theft, credit card fraud, damage, and so
forth. He may or may not utilize questionable tactics such as deploying worms and
malicious sites to meet his ends.
. Grey Hat : A grey hat hacker is a combination of both white hats and black hats.
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This is the kind of hacker that is not a penetration tester but will go ahead and surf
the Internet for vulnerable systems he could exploit. Like a white hat, he will
inform the administrator of the website of the vulnerabilities he found after
hacking through the site. Like a black hat and unlike a pen tester, he will hack any
site freely and without any prompting or authorization from owners what so ever.
He will even offer to repair the vulnerable site he exposed in the first place for a
small fee.
. Elite Hacker : As with any society, better than average people are rewarded for
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their talent and treated as special. This social status among the hacker
underground, the elite are the hackers among hackers in this subculture of sorts.
They are the masters of deception that have a solid reputation among their peers as
the cream of the hacker crop.
. Script Kiddie : A script kiddie is basically an part-time or non-expert hacker, who
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breaks into people's computer systems not through his knowledge in IT security
and the ins and outs of a given website, but through the prepackaged automated
scripts (hence the name), tools, and software written by people who are real
hackers, unlike him. He usually has little to know knowledge of the underlying
concept behind how those scripts he has on hand works.
Cracking:
a. In the cyber world, a cracker is someone who breaks into a computer system or
network without authorization and with the intention of doing damage.
. Cracker is used to describe a malicious hacker.
b
c. Crackers get into all kinds of mischief like he may destroy files, steal personal
information like credit card numbers or client data, infect the system with a virus,
or undertake many others things that cause harm.
. Cracking can be done for profit, maliciously, for some harm to organization or to a
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individuals.
e. Cracking activity is harmful, costly and unethical.

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 .f It is a kind of protection given for creations of the inventions like to literary and
artistic works, symbols, names and images used in commerce. IP has two kinds of
values - moral and commercial.
. IP will provide exclusive rights to the creator to use his/her creation for a certain
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period of time.
It is divided into two main categories:
. Copyright :
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a. Copyright will protect the rights of authors for their work of literary - novels,
poems and plays, films, music, and artistic works(drawings, paintings,
photographs and sculptures and architectural design) etc.
. Copyright protection is provided for minimum 50 years from the death of the
b
author.
c. Rights mentioned in copyright include the performances, producers of
phonograms in recordings, broadcasters in radio and television programs etc.
. The important and social purpose for giving protection of copyright will
d
encourage and reward the creative work.

. Industrial Property :
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Patents for inventions, trademarks, industrial designs and geographical
indications.
(i) Patent :
a. It is a special right given for an individual for his invention. Patent is a new
process or product which shows a new way of doing something or it may
offer a new technical solution to the previous problem.
. Patent will provide the protection to the patent owners for their inventions
b
and it is granted for at least next 20 years.
c. It will also provide incentives to patent owner by identifying his creativity
and by offering the material reward for his marketable inventions.
. Such type of incentives will encourage new innovation and indirectly it will
d
improve the quality of human life.
(ii)Trademark :
a. The trademark sign is used to identify certain goods or services produced or
provided by an individual or by a company.
. It is originated from the ancient times when craftsmen produced their
b
signatures, or marks or any symbol on his artistic works or products. Over a
period of years, such marks or symbols are entered into today’s system in
terms of trademark registration and protection.

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 (iii)Industrial design :
a. It is related to the ornamental or artistic part of an article. A design can be
made up of three-dimensional (3D) features like shape or surface of an
article, or it may have two-dimensional (2D) features like - patterns, lines
or color etc.
. Industrial designs are used by a wide variety of industrial products like
b
technical, medical instruments, jwellery and other luxury items etc.
(iv)Geographical Indication :
a. Geographical Indication is a sign used on goods, which specifies the
geographical origin of the product or good.
. A geographical indication for particular good contains the name of the
b
place of good’s origin.
c. Many Agricultural products have qualities which are derived from the place
of origin and they are influenced by particular geographical factors like
climate and soil.

Q. 8 What is cyber law and need of cyber law?

Ans. :
a. Cyber law is a term used to describe the legal issues related to use of
communications technology.
. Cyber Law is the rule which controls the conduct of the cyber activity and the
b
security under the cyber space.
c. Cyber law is the law related to the cyber space which includes computers,
networks, software, data storage devices, the Internet, websites, emails and
electronic devices like cell phones, ATM machines etc.
. It is less of a distinct field of law in the way that property or contract are, as it is an
d
intersection of many legal fields, including intellectual property, privacy, freedom
of expression, and jurisdiction.
e. In essence, cyber law is an attempt to apply laws designed for the physical world,
to human activity on the Internet.
.f The ITAct, 2000 is an act that has been made punishable. The main objective of
this Act is to create a environment where Information Technology can be used
safely.
. In India, The IT Act, 2000 as altered by The IT Act, 2008 is known as the Cyber
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law. It has a separate chapter entitled “Offences” in which various cyber crimes
have been declared as penal offences punishable with imprisonment and fine.
. Cyber law includes laws relating to :
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  Cyber Crimes
 Intellectual Property
 Data Protection and Privacy
 Electronic and Digital Signatures

Q. 9 Explain IT Act of India 2000.

Ans. :
. According to Indian cyber laws, Information technology is the important law and
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it had passed in Indian parliament in year 2000.
. This act is helpful to encourage business by use of internet. This act is a set of
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rules and regulations that can apply on any electronic transaction.
. Due to misuse of internet and increase of cyber crime, the Govt. of India made a
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act for safeguarding the internet users.
. The main objectives and scope of act are as follows :
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a. To provide legal recognition to the transaction that can be done by
electronic way or by using internet.
. To provide legal recognition to digital signature used in transaction.
b
c. To provide facilities like filling of document online relating to admission or
registration.
. To provide a facility to any company that they can store their data in
d
electronic storage.
e. To provide privacy of internet user by preventing the computer related
crimes.
.f To provide legal recognition for bankers and other companies to keep
accounts in electronic form.
. There are 13 chapters in this Act and all provision is included :
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1.Chapter I give Title, territory up to which it is extendable and the
basic application of related laws.
2.Chapter II gives assurance of digital signature. For example the
contract should be digitally signed by subscriber and it is used for
verification.
3.Chapter III gives information about all electronic records of
government.
4.Chapter IV gives information about receipts or acknowledgement of
any electronic record.
5.Chapter V gives information about the powers of the organization
that can be used to secure the electronic records and digital signature.

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 6.Chapter VI gives information about the controller of certifying
authority. This is appointed by govt. of India and he will control the
activities of certifying authorities.
7.Chapter VII gives the information about the powers and duties
performed by certifying authority.
8.Chapter VIII gives information about the duties performed by
subscribers related to digital signature certificate.
9.Chapter IX gives information about penalties to damage computers
and networks by electronic hacking.
10.Chapter X gives information about the cyber regulation appellate
court that can be established to solve the cases relating to orders of
adjudicating officers.
11.Chapter XI gives information about the cyber regulation advisory
committee which is appointed by Govt. to check all cyber crime
relating to publishing others information.
12.Chapter XII gives information about the powers given to Police
officers, who can investigate cybercrime under IPC 1860, Indian
Evidence Act 1872 and RBI Act 1934.
Advantages :
1.ITAct 2000 are helpful to promote e-commerce because validation is provided
to Email, Digital signature, credit card, Online contract.
2.Because of digital signature & certificate, the Indian corporate business can
improve.
3.By providing facility to fill online forms for various purposes has become
easy.
4.Because of high penalty for doing cybercrime will reduce the ratio of
cybercrime.
Limitation :
1.No law for violation of copyright.
2.No security for accessing domain names.
3.No law for the power of attorney trusts and will.
4.No hard law for taxation.
5.No provision for payment of stamp duty for online documents.

Q.10 What are the characteristics of IT Act 2008?

Ans. :
Following are the characteristics of IT ACT 2008 :

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 . This Act provides legal recognition for the transaction i.e. Electronic Data
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Interchange (EDI) and other electronic communications. Electronic Commerce is
the alternative to paper based methods of communication to store information.
. This Act also gives facilities for electronic filling of information with the
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Government agencies and further to change the Indian Penal Code - Indian
Evidence Act 1872, Bankers code Evidence Act 1891 and Reserve Bank of India
Act, 1934 and for matter connected therewith or incidental thereto.
. The General Assembly of the United Nations by resolution A/RES/51/162, dated
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30 January 1997 has adopted the model law on Electronic Commerce adopted by
the United Nations Commission on International Trade Law.
. This recommends that all States give favorable consideration to the above said
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model law when they enact or revise their laws, in terms of need for uniformity of
the law applicable to alternative to paper-based methods of communication and
storage of information.
. It is considered necessary to give effect to the said resolution and to promote
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efficient delivery of Government services by means of reliable electronic records.

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