CYBER LAW

PRESENTED BY GROUP 10:

CHINTAN
KANIKA
MANOJ
GARIMA
ANKIT
SILKY
 Information Technology Act 2000

The United Nations General Assembly adopted the

Model Law on E-Commerce adopted by the United
Nations Commission on International Trade
Law(UNCITRAL).
Following the UN Resolution India passed the
Information Technology Act 2000 in May 2000
The act has been substantially amended through the
Information Technology Amendment Act 2008
 Information Technology Act 2000

IT Act 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“.
E commerce involves alternatives to paper-based
methods of communication and storage of
information
 Information Technology Act 2000

Information Technology Act 2000 addressed the

following issues:
Legal Recognition of Electronic Documents
Legal Recognition of Digital Signatures
Offenses and Contraventions
Justice Dispensation System for Cybercrimes
 Exceptions to IT act

IT act doesn’t apply to:

(a) a negotiable instrument
(b) a power-of-attorney
(c) a trust
(d) a will including any other testamentary
disposition by whatever name called;
(e) any contract for the sale or conveyance of immovable
property or any interest in such property;
(f) any such class of documents or transactions as may
be notified by the Central Government in the Official
Gazette.
 Amendments to other acts

IPC has been amended to accept electronic records

in the court of justice.
Indian evidence act has been amended to accept
electronic records as an evidence in the court of
justice.
AMENDMENTS made TO THE BANKERS' BOOKS
EVIDENCE ACT to allow banker’s books to be
maintained in the form of electronic records.
RBI act has been amended to regulate and allow
electronic fund transfer.
 CLICK WRAP AGREEMENTS

 Specifies the terms and conditions applicable to the use of website as well as to the
products and services purchased over the internet.

 Buyer or user usually assents to these terms by clicking on a button.

 Unenforceable under the following circumstances:

if agreements are too overbearing and contain harsh terms.

If the person is not competent to enter into a contact.
 VALIDITY OF ONLINE CONTRACTS

TIME OF FORMATION OF CONTACT:

The communication of an offer becomes complete when the electronic offer:

 Enters any information system designated by the offeree
 Enters the information system of the offeree.
 When the offeree retrieves the electronic record ( incase the information system has
been designated , but the offer is sent to some other information system)

The communication of an acceptance is complete when:

 The electronic acceptance is dispatched such that it enters a computer resource outside
the controller of the acceptor.
 Crimes

We can categorize Cyber crimes in two ways

The Computer as a Target :-using a computer to

attack other computers.

The computer as a weapon :-using a computer to

commit real world crimes.
 Legal Disputes against Organization by consumers

Cyber Harassment
-cyber stalking
-cyber defamation
Email Spoofing
Identity theft
IPR violations
Cheating and Fraud
Deficiency of services
 Supreme court

High Court

Cyber Appellate Tribunal

Adjudicator
CYBER CRIMES DONE BY THE EMPLOYEES

• DAMAGING SYSTEM OR DATA OR NETWORK

• TAMPERING
• TRANSMISSION OF OBSCENE MATERIAL
• BREACH OF CONFIDENTIALITY
• CYBER Harassment
• ONLINE GAMBLING
OTHERS:-
 CYBER TERRORISM
 TRAFFICKING

ADJUDICATION:-
 ADJUDGICATING OFFICER
 CYBER APPELLATE TRIBUNAL.
 CYBER HACKING

 Hacking in simple terms means an illegal intrusion into a computer system and/or network. There is an
equivalent term to hacking i.e. cracking, but from Indian Laws perspective there is no difference between the
term hacking and cracking.

Every act committed towards breaking into a computer and/or network is hacking.

The word 'hacker' can be used to describe all of these: -

1.Code Hackers

2. Crackers

3. Cyber Punks

4. Phreakers

5. Virus Builders
 DATA THEFT


Data theft means that data is illegally copied or taken from a business or other individual. Commonly,
this type of information is user information such as passwords, social security numbers, credit card
information, other personal information, and/or other confidential corporate information.

Types of data theft

Thumb sucking
Thumb sucking, is the intentional or unintentional use of a portable USB mass storage
device, such as a USB flash drive ,to illicitly download confidential data from a network
endpoint.

 Offences & Relevant Sections under IT Act

 Tampering with Computer source documents Sec.65
 Hacking with Computer systems, Data alteration Sec.66
 PENALTIES


 SECTION 65:Tampering with computer source documents.

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly
causes another to conceal, destroy or alter any computer source code used for a computer,
computer programme , computer system or computer network, when the computer source code
is required to be kept or maintained by law for the time being in force, shall be punishable with
imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with
both.

SECTION 66.Hacking with computer system.

(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or any person destroys or deletes or alters any information residing in a
computer resource or diminishes its value or utility or affects it injuriously by any means,
commits hack:
(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with
fine which may extend upto two lakh rupees, or with both.
 Digital signatures & Electronic Records

Electronic Documents:
E-mail
Text file
Spreadsheet
Digital Signatures
Meaning
Uses