Cyber Laws Notes

Adv. Ravindra T. Jadhav

Book referred :- A Practical Guide to Information Technology Act, 2000
Author : Nitant P. Trilokekar
Publisher : Snow White

Information Technology Act, 2000 at Glance

This Act is result of a resolution passed at the UNO Since jurisdiction is always the
stumbling block in the prosecution of internate crimes, co-operation is sought from
member countries by the United Nations.

The Act has introduced a concept of Digital Signature. Each technique having varying
degrees of security and ease of operation.

Futures of Internet affecting daily lives

1. E-mail
2. Surfing for information
3. Net Telephone
4. Chat
5. Shopping
6. Banking

Cyber Crimes
1.Computer network beak-ins
2. Industrial espionage
3.Copyrighyt piracy
4.Software piracy
5.Child pornography
6.E-mail bombing
7.Password snuffers
8.Spoofing
9.Credit card fraud
10.Cyber squatting
11. Misleading search words

Some of the important Definition :

Adjudication Officer : ( S. 2.c)

Adjudication officer means adjudication officer appointed under sub section 1 of section
46.
Power :
1. For the purpose of adjudging under this Chapter when any person has committed a
contravention of any of the provision of this Act or any rule, regulation , direction or
order made by Central Government .

2. To conduct the inquiry

3. shall have the power of a civil court

Appointment qualification :
No person shall be appointed as an adjudication officer unless he possesses such
experience in the field of Information Technology and legal or Judicial experience as
may be prescribed by the Central Government. Central Government shall appointed by
order.

Asymmetric crypto system :

It means a system of a security key pair consisting of a private key for creating a digital
signature and a public key to verify the digital signature

Certifying Authority :
Means a person who has been granted a license to issue a Digital Signature Certificate
under section 24

Digital Signature (S 3)
Authentication of electronic record
1. any subscriber may authenticate an electronic record by affixing his digital
signature
2. it shall be affected by the use of asymmetric crypto system and hash function
Hash function means an algorithm mapping or translation of one sequence of bits into
another , generally smaller set known as hash result

Digital Signature Certificates

 Digital Signature Certificates
Any person may make an Application to the Certifying Authority for the issue of a
Digital Signature. Every such application shall be accompanied by such fees not
exceeding Rs. 25,000/- to be paid to the Certifying Authority.
No Digital Signature Certificate shall be granted unless the Certifying Authority is
satisfied that –
A) the Applicant hold the private key corresponding to the public key to be listed in
the Digital Signature Certificate
B) the Applicant hold a private key which is capable of crating a digital signature
C) the public key to be listed in the Certificate can be used to verify a digital
signature affixed by the private key held by the applicant.

Digital Signature Certificate Standard

All Digital Signature Certificate issued by the Certifying Authorities shall confirm to
ITU X.509 version 3 standard as per rule 6 and shall inter alia contain the following
date namely :-
1. Serial Number
2. Signature Algorithm Identifier
3. Issuer Name
4. Validity Period
5. Name of the subscriber ( whose public key the Certificate identifies )
6. Public Key information of the subscriber

Regulation of Certifying Authorities by Controller

Two new authorities introduced by the Act are Certifying Authority and Controller . The
Certifying Authority is assumed to be of the Private Sector entrusted with the act of grant
of Digital Certificate and verifying Certificate. To control the various certifying
authorities a new post is made called the Controller. The Controller will be appointed by
the Central Govt.. by publication of notice in the official gazette. He will be assisted by
Deputy Controller and Assistant Controller.

This team will be having a full office infrastructure to aid them. The appoint of Controller
are defined under Condition of service of Controller Rules 2000 which are drafted under
the power conferred under Section 87 of the Act.

Powers & Duties

1. Controlling the Certifying authorities
2. Licensing
3. Suspension of Licence
4. Refuse for Licence:-
a) Insufficient Information
b) Applicant is in the process of being wound up
 c) Applicant has entered into a compromise
d) Applicant is convicted of offence of dishonesty

Cyber Regulations Appellate Tribunal S.48

The Central Govt. shall by notification establish one or more appellate tribunal to be
known as the cyber Regulation Appellellate Tribunal . A Cyber Appellate Tribunal
shall consist of one person only to be appointed by notification by the Central Govt.
Qualification :-
1. is or has been , or is qualified to be a judge of High Court or
2. is or has been a member of the Indian Legal service

Offences
S. 65 Tampering with Computer sources documents
S. 66 Hacking with computer system
S. 67.Pubishing of information which is obscene in electronic form