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Technology
is the mover of change, economies, governance and thought processes. Coming of technology has paved the way for growth of new vistas and horizons.
INTERNET
The coming of the Internet is one of the most important development in the human history after the advent of fire. The coming of Internet has dramatically changed the way we think, the way we govern, the way we do commerce and the way we perceive ourselves.
coming of new technology facilitates greater access, transparency, comfort level and ease of operations. Technology acts as a social tool for governance and dispensation of justice.
becomes an integral part of governmental action and policy in its endeavors reach out to the rules of social justice and for ensuring justice and equity for one and all.
CHALLENGES
The important issue before government and policy makers is how to piggy ride advantages of new technology and how to harass its benefits for the purpose of administration of justice.
For that there is a need for a constant innovation and improvement. There is a need for incorporating new technologies. There is a further need towards adoption of new technologies.
We in India also have had a vision to become the 12th nation in the world to enact a Cyberlaw. We have enacted the Information Technology Act, 2000.
ELECTRONIC CONTRACT
ACCEPTANCE OF CONTRACT MAY BE EXPRESSED BY ELECTRONIC MEANS OF COMMUNICATION. The same shall have legal validity and enforceability.
CYBER CRIMES
Cyber crimes
Information Theft E-mail bombing Trojan attacks
Hacking
Web jacking
DIGITAL SIGNATURE
A digital signature or digital signature scheme is a mathematical scheme for demonstrating the authenticity of a digital message or document. A valid digital signature gives a recipient reason to believe that the message was created by a known sender, and that it was not altered in transit. Digital signatures are commonly used for software distribution, financial transactions, and in other cases where it is important to detect forgery and tampering.
DIGITAL SIGNATURE
"digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3; The private key and the public key are unique to the subscriber and constitute functioning key pair Verification of electronic record possible
STEP 1 The signatory is the authorized holder a unique cryptographic key pair; STEP 2 The signatory prepares a data message (for example, in the form of an electronic mail message) on a computer; STEP 3 The signatory prepares a message digest, using a secure hash algorithm. Digital signature creation uses a hash result derived from and unique to the signed message; STEP 4 The signatory encrypts the message digest with the private key. The private key is applied to the message digest text using a mathematical algorithm. The digital signature consists of the encrypted message digest, STEP 5 The signatory typically attaches or appends its digital signature to the message; STEP 6 The signatory sends the digital signature and the (unencrypted or encrypted) message to the relying party electronically;
STEP 7 The relying party uses the signatorys public key to verify the signatorys digital signature. Verification using the signatorys public key provides a level of technical assurance that the message came exclusively from the signatory; STEP 8 The relying party also creates a message digest of the message, using the same secure hash algorithm; STEP 9 The relying party compares the two message digests. If they are the same, then the relying party knows that the message has not been altered after it was signed. Even if one bit in the message has been altered after the message has been digitally signed, the message digest created by the relying party will be different from the message digest created by the signatory; STEP 10 Where the certification process is resorted to, the relying party obtains a certificate from the certification service provider (including through the signatory or otherwise), which confirms the digital signature on the signatorys message. The certificate contains the public key and name of the signatory (and possibly additional information), digitally signed by the certification service provider.
If Digital signatures are applied in such a manner that if ER was altered the Digital Signatures would be invalidated then it is called Secured Digital signatures Unique to subscriber Identifies the subscriber
Any person may make an application to the Certifying Authority for issue of Digital Signature Certificate. The Certifying Authority while issuing such certificate shall certify that it has complied with the provisions of the Act. The Certifying Authority has to ensure that the subscriber (i.e., a person in whose name the Digital Signature Certificate is issued) holds the private key corresponding to the public key listed in the Digital Signature Certificate and such public and private keys constitute a functioning key pair. The Certifying Authority has the power to suspend or revoke Digital Signature Certificate.
If Originator has not specified particular method- Any communication automated or otherwise or conduct to indicate the receipt If specified that the receipt is necessary- Then unless acknowledgement has been received Electronic Record shall be deemed to have been never sent Where ack. not received within time specified or within reasonable time the originator may give notice to treat the Electronic record as though never sent
Unless otherwise agreed dispatch occurs when ER enters resource outside the control of originator If addressee has a designated computer resource , receipt occurs at time ER enters the designated computer, if electronic record is sent to a computer resource of addressee that is not designated , receipt occurs when ER is retrieved by addressee If no Computer Resource designated- when ER enters Computer Resource of Addressee.
Shall be deemed to be dispatched and received where originator has their principal place of business otherwise at his usual place of residence
ELECTRONIC GOVERNANCE
Legal requirements of any information or any other matter being in writing or in the typewritten or printed form, shall be deemed to have been satisfied if such information or matter is
OF
Penalties and adjudication for various offences involving computers, computer systems and computer networks.
PRACTICAL CHALLENGES
WE MUST ENSURE THAT THE FINAL OUTPUT OF ANY ELECTRONIC GOVERNANCE PROJECT MUST BE LEGAL IN A COURT OF LAW NEED TO COMPLY THE STRICT REQUIREMENTS OF IT ACT, 2000 AND AMENDED INDIAN EVIDENCE ACT
CYBERCRIMES
NEW FORMS AND MANIFESTATIONS OF CYBERCRIMES EMERGING EVERYDAY. NEED FOR NEW LEGISLATIVE MECHANISMS TO CONTROL CYBERCRIME!
INFORMATION SECURITY
The other steps have to follow. However, the government has to be quick in responding to the challenges raised by the constantly changing technologies. Just as time does not wait for anyone, so does Internet. The time to act is right now.
FUTURISTIC APPROACH
There is a need for adopting a
futuristic approach while using new technology to leap frog into future growth and development.
We need to establish a regulatory and policy framework in such a manner so that, the same is enabling in nature and allows the adoption and easy access to technologies.
We also need to change mindsets of political leadership in the country in such a manner so as to make it more technology savvy. Our proclaimed goals are for the establishments of a sovereign, socialist, security, democratic, republic
What is important is the need for the relevant enabling infrastructure, a vibrant observing mindset and enabling a legal policy framework.
Thank You!