INFORMATION TECHNOLOGY
ACT RATHER THAN GIVING
INFORMATION &
TECHNOLOGY GIVES RISE TO
CYBER CRIME
Introduction
Rise of internet
Paper based systems substituted by e- systems
NEGATIVE side of e-revolution
UNCITRAL
Information Technology Act
Classification Of Cyber
Crime
1)
)
)
)
)
Against Individual
Email Spoofing
Cyber Stalking
Phishing
Child Pornography
Classification Of Cyber
Crime
2) Against Property
Credit Card Fraud
Intellectual Property Crime
Internet Time Theft
Classification Of Cyber
Crime
3) Against Organisation
Denial Of Service Attack
Trojan Horse
Email Bombing
Classification Of Cyber
Crime
4) Against Society
Forgery
Web Jacking
Cyber Terrorism
Need for IT Act 2000
National Reasons
International reasons
Aims and Objectives
E -commerce
legal recognition to electronic records and digital
signatures
E- contracts
transactions carried out by means of Electronic
Data Interchange (EDI)
regulatory body to supervise the certifying
authorities
To prevent misuse of the e-business transactions.
E-governance
Amendments
Information Technology(Amendment) Act 2008
Information Technology Rule 2011
Reasonable Security Practices and Procedures
and Sensitive Personal Data or Information
Intermediary Guidelines
Guidelines for Cyber Caf
Electronic Service Delivery
Information Technology Rule 2015
The Digital Signature (End entity) Rules, 2015
The Electronic Signature or Electronic
Authentication Technique and Procedure
(Amendment)
Digital Signature
Based on public key cryptography
Based on two keys
One key locks or encrypts the plain text, and the
other unlocks or decrypts the cipher text.
Digital Signature Certificate
Binds together a public key with an identity
Endorsed by a trusted authority empowered by
law
Electronic Signature
Signature is in electronic form
Considered an insecure way of signing
documentation
Does not have the secure coding that digital
signatures have
Examples : Scanned image of the person ink
signature, a typed name, signature at the
bottom of your email, etc.
PROS
CONS
ELECTRONIC
SIGNATURE
Reflects normal ink Can be easily
signature
copied
Documents can
be changed
easily
Signatures can
be repudiated
Lack of automatic
equivalence
DIGITAL
SIGNATURE
Documents can be Not easy to
changed
associate with
Signers cant
normal ink
repudiate their
signatures
signatures
Serves as a proof
in the court
Sec 43
Penalty and compensation for damage
to computer or computer system
any person without permission destroys valuable
information
Alters computer setting to cause damage
Caselet
A lady has violated Section 43 of The Information
Technology Act,2000 and made unauthorized
access to Gmail accounts of herhusbandand her
father-in law
Sec- 43A
Compensation for failure to protect data.
Misuse of confidential matters like:
password
personal information
financial information
Compensation not exceeding Rs 5 Cr. to the person so
affected
Caselet - In a landmark judgment in India, delivered by
Sri PWC Davidar, IAS, the Adjudicator of Tamil Nadu has
passed an award for payment of Rs 12.85 lakhs to a
petitioner who alleged a fraudulent withdrawal from his
ICICI Bank account.
Sec - 65
Tampering with computersource documents
A person knowingly or intentionally conceals or
destroys any computer source code used
Imprisonment up to three years, or/and with fine up
toRs 2 lakh
Caselet - Syed Asifuddin and Ors. Vs. The State of
AP
In this case, Tata Indicom employees were arrested for
manipulation of the ESN programmed into cell phones
theft were exclusively franchised to Reliance Infocomm .
Sec - 66
Hackingwith computer system
causing wrongful loss or damage to the public any
information residing in a computer resource
Imprisonment up to three years, or/and with fine
up toRs 5 lakh
Caselet - Kumar v/s Whiteley
N G Arun Kumar, the techie from Bangalore
sentenced to undergo a rigorous imprisonment for
one year with a fine of Rs 5,000 under section 420
IPC (cheating) and Section 66 of IT Act
Sec 66A
Punishment for sending offensive or false
messages
Punishment for such a crime will be a jail term of
three years with a fine
Caselet - K V Rao case
In the K V Rao case, two men, K.V. Rao and
Mayank from Mumbai, were arrested for allegedly
posting offensive comments against some
leaders on theirFacebookgroup.
Shreya Singhal v/s Union of India
This section has been scrapped as it is against
Article 19(2) of constitution of India.
Sec 66E
Punishment for violation of privacy
Person capture, transmits or publishes images
Covers act like hiding cameras in changing room,
hotel rooms, etc
Imprisonment up to 3 years, or fine up toRs. 2
lakh or both
Caselet - Nagpur Congress leaders son MMS
scandal On January 05, 2012
Sec 66F
Punishment for cyber terrorism
Commits or plans cyber terrorism
Using of cyberspace intend to threaten the unity,
security, and integrity of India
Imprisonment which may extent to life
imprisonment
Caselet - a threat email was sent to the BSE and
NSE The Mumbai police have registered a case of
cyber terrorism
Sec - 67
Publishing obscene materialin electronic form
a person publishes or transmits any obscene
material which is lewd
Imprisonment upto 5 years or with fine up toRs
10 lakh or both
Caselet -This case is about posting obscene,
defamatory and annoying message about a
divorcee woman in the Yahoo message group
National association of software and
Services companies established in 1988
came into existence with a purpose to develop
the BPO and software industry
The Crime and Criminal Tracking Network and
Systems (CCTNS)
All information is available online
NASSCOM and National Crime Records Bureau
Facilitate collection,
information
storage,
transfer
of
Progress of the crime and criminal investigation
Role of IT in Banking
Cost reduction + Effective communication
Sophisticated product development + better
market infrastructure + reliable techniques for
control of risks
Back office Prime value contributing
assistant
Benefits of E-Banking : To Customers
: To Banks
Impact of IT : On the Service Quality
: On the Banking System
: Privacy & Confidentiality of data
E commerce Issues emerging from IT Act 2000
Legal Issue
Borders of E-commerce and the Internet
Hague Conference
Zippo test
[Link]
E commerce Issues emerging from IT Act 2000
Consumer Issue
Online and offline consumer protection
Unlike the offline environment the online world does
not provide the same opportunity to use a "buyer's
instinct."
OECD Consumer Protection
These are designed to help ensure that consumers are
no less protected when shopping online .
Consumer protection measures by EU for e-commerce.
EU Distance Selling Directive is particularly important
from an e-commerce perspective such as identity of the
supplier, price of the goods or services, cost, period etc.
E commerce Issues emerging from IT Act 2000
Taxation
E-commerce sales Tax
United States on e-commerce taxation
The United States has assumed a leading role
as a key proponent of a tax-free Internet by
passing the Internet Tax Freedom Act in 1998
European Union on value-added tax (VAT)
In early 2002, it approved a plan that would
impose VAT for all online purchases. The EU
believes this will create a level-playing field
between vendors located in EU who collect VAT
and those located outside which do not.
E commerce Issues emerging from IT Act 2000
Privacy
Indian law does not determine what privacy
is
Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information ) Rules, 2011
OECD Guidelines on the Protection of
Privacy and Trans-border Flows of Personal
Data
The United States enacted private sector
privacy legislation
Emerging Issues-Data
Breach
Emerging Issues- IoT
