Cyber Law

Unit V

Cyber Law
• Law of Interest and the World Wide Web • Cyber law refers to all the legal and regulatory aspects of Internet and the World Wide Web. • Anything related to or concerned with legal issues concerning any activity of citizens and others in Cyber Space comes within the ambit of Cyber Law

Need for Cyber Law
• Arrival of Internet signaled beginning of the rise of new and complex legal issues • Existing laws could not include all different activities in cyber space • No existing law gave legal validity to the activities in cyber space • Internet requires an enabling and supportive legal infra structure in tune with the times

Information Technology Act 2000
• 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", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies

• To provide Legal recognition of electronic records. • To provide Legal recognition of digital signatures. • To facilitate use of electronic records and Digital signatures in Government and its agencies. • To facilitate retention of electronic records Publication of rule, regulation, etc., in Electronic Gazette.

• “Access” means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network • “Addressee” means a person who is intended by the originator to receive the electronic record but does not include any intermediary

• “Adjudicating officer” means an adjudicating officer • “Affixing digital signature” means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature • “Appropriate Government” means as respects any matter the State Government or the Central Government as the case may be

• “Asymmetric crypto system” means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature • “Private key" means the key of a key pair used to create a digital signature. • “Public key" means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate

• “Controller” means the Controller of Certifying Authorities appointed • “Cyber Appellate Tribunal” means the Cyber Regulations Appellate Tribunal • “Data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared, processed or stored internally in the memory of the computer

• “Digital signature” means authentication of any electronic record by a subscriber by means of an electronic method or procedure • “Digital Signature Certificate” means a Digital Signature Certificate issued • “Electronic form” with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device

• “Certifying Authority” means a person who has been granted a licence to issue a Digital Signature Certificate • “Computer network” means the interconnection of one or more computers

Digital Signature
• Electronic record may be authenticated by means of affixing digital signature • Digital signature is created in two distinct steps • First electronic record is converted into a message digest by using mathematical function (hash function) • Secondly identity of the person affixing digital signature is authenticated through the use of a private key which attaches itself to the message • It can be verified by anybody who has the public key corresponding to such private key

Electronic Governance
• Electronic Governance (E-Governance) is broadly defined as an “application of Information technology to the functioning of the Government”. • E-Governance involves access to government information and services • E-Governance relies heavily on the effective use of Internet and other emerging technologies to receive and deliver information and services easily, quickly, efficiently and inexpensively

Electronic Governance
• This helps speed up Government processes and procedures resulting in streamlined Government - Industry interface across all Government departments

Electronic Records
• This Act gives legal recognition for electronic records and digital signatures • If law provides that information or any other matter shall be in writing or in a typewritten or printed form, then render or make available in electronic form and accessible so as to be usable for a subsequent reference

Use of Electronic Records in Government and its Agencies
• Where any law provides for– The filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner. – The issue or grant of any license, permit, sanction or approval by whatever name called in a particular manner. – The receipt or payment of money in a particular manner.

Certifying Authorities
• The Central Government may, by notification appoint a Controller and other officers to regulate certifying Authorities • Duties of Certifying Authorities
– Follow certain procedures in respect of Digital Signature – Ensure that every person employed by him complies with provisions of this Act – Display its license at a noticeable place

• Powers
– Regulate the functions of Certifying Authorities – Perform activities as specified in the Act – Grant recognition to foreign Certifying Authorities with previous approval of Central Government – Grant or rejection of License to Certifying Authorities to issue Digital Signature Certificates – Repository of all Digital Signature Certificates – Renew Licenses – Investigate whether the provisions of the Act is followed

Penalties and Adjudication
• Act provides for appointment of Adjudicating Officer for holding inquiry in relation to computer crimes and award compensation
– Penalty for damage to computer, computer system or network – Penalty for failure to Furnish information, return, etc – Residuary Penalty (contravention of any rules or regulations made under this Act)

• Quantum of Penalty to match with nature of default

• Tampering with computer source documents • Hacking with computer system • Publishing of information which is obscene in electronic form • Penalty for Misrepresentation • Penalty for Publishing False Digital Certificate • Penalty for Fraudulent Publication • Act applies for offences committed outside India if it involves a computer, computer system or computer network in India

Information Technology Act
• Power vests with the Central Government and with the State Government in certain cases to make Rules • Cyber Regulations and Advisory Committee
– Constituted by Central Govt. – Consist of chairperson and members (official and nonofficial with special knowledge of the subject matter) – Advices Central Government on any rules or any purpose connected with the Act – Advices Controller in framing regulations under this Act

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