JIWAJI UNIVERSITY,GWALIOR,(M.P.

)
INSTITUTE OF LAW
SUBJECT:INFORMATION TECHNOLOGY
LAW
TOPIC :ASSIGNMENT 1(PREAMBLE AND
DEFINITIONS)

SUBMITTED TO: SUBMITTED BY:

ROUNAK SHRIVASTAVA VINAYAK
BcomLl.b 10
KAMAL
th

sem,rollno.15174792,class
rollno.45
 Preamble of IT Act, 2000
An Act to provide Legal Recognition for E-
Commerce
EDI transactions and Electronic communications
Use of alternatives to paper based methods of
communication and storage of information.
To facilitate electronic filing of documents with the
Government agencies.
And further to amend
Indian penal code
The Indian Evidence Act, 1872
The Bankers Books Evidence Act, 1891 & RBI
Act 1934.
 E-commerce
Simply put:
E-commerce refers to doing business and transactions
over electronic networks prominently the internet.
•Obviates the need for physical presence
•Two parties may never know, see or talk to each other
but still do business.
•Has introduced the concept of electronic delivery of
products and services.
•Unmanned round-the-clock enterprises – Available
always.
 E-Com- Potential
Problems
1.Security on Net-Confidentiality,
2.Integrity and Availability.
3.Cyber crimes-Hackers, Viruses
4.Technological Complexities
5.Lack of Information trail
6.Complex cross border Legal Issues
7.Desparate Regulatory Environment
and Taxation Policies.
 IT Scenario

 IT covers both hardware and software

 Transformed the world into a global village
 Provides Communication and Analytical power to trade
 Indian IT industry fastest growing industry
 Pioneer in software development
 Conducive laws and regulations.
 Building of STPI
 Tremendous growth in Internet

2
 Information Technology Act 2000

 Regulates the transactions relating to the computer and the

Internet.
 Act to govern cyber space.
 Preamble “it aims at providing legal recognition for
transactions carried out by means of electronic data
interchange and other means of electronic communication,
commonly referred to as "electronic commerce”
 Covers the issues relating to electronic transactions, digital
signatures, and hacking and network service providers
Objectives:
 Legal recognition for transaction carried out by electronic
methods of communication
 To facilitate electronic filing of documents
 Legal sanctity accorded to all electronic records and other
activities carried out by electronic means.
 Acceptance of contract may be expressed by electronic
means of communication and the same shall have
validity and enforceability
legal
 Important Definitions

 "Adjudicating officer“
 "Digital signature"
 "Affixing digital signature;
 "Appropriate Government“
 "Certifying Authority"
 "Cyber Appellate Tribunal"
 "Electronic form"
 "Secure system“
 "Electronic Gazette"
 Impact on Banking Sector

 Pressure from competition and regulatory environment .

 Threat of Competition and Retaining Customer Base.

 IT used for Communication, Connectivity and Business

Process Re-engineering.

 Improve efficiency of money, capital and foreign exchange

markets.

 Lead to convergence of computer and communication

technology to enable TBA.
 Flip side

 Ambiguity of definitions.
 No provision for consumer redress in case of fraud committed
through e-commerce.
 Does not envisage difficulties arising out of Electronic fund
transfer.
 Issue of jurisdiction of Courts have not been addressed.
 Limited scope on issue of privacy, viruses, hacking etc.
 Categories like power of Attorney, Trust, Will and Contract For
Sale have been excluded
 Does not lays down parameters for implementation
 Biggest fallout due to incapability of implementation is
Cybercrime.
 India ranks fourth in commission on Cybercrimes.
 Cyber crime

“Any criminal activity that uses a computer either

as an instrumentality, target or a means for
perpetuating further crimes comes within the
ambit of cyber crime”

 Reasons for increase are easy to access, complex, negligence

and loss of evidence.

 Cybercrime can be against individuals, individual properties,

organisation and society.
 Classification of cyber crime

Against Individuals: –
i. Harassment via e-mails.
ii. Cyber-stalking.
iii. Dissemination of obscene material.
iv. Defamation.
v. Unauthorized control/access over computer system.
vi. Indecent exposure
vii. Email spoofing
viii. Cheating & Fraud

Against Individual Property: -

ix.Computer vandalism.
x. Transmitting virus.
xi. Netrespass
xii.Unauthorized control/access over computer system.
xiii.Intellectual Property crimes
xiv.Internet time thefts
 Contd

Against Organization: -
i. Unauthorized control/access over computer system
ii. Possession of unauthorized information.
iii. Cyber terrorism against the government organization.
iv. Distribution of pirated software etc.

Against Society at large: -

v. Pornography (basically child pornography).
vi. Polluting the youth through indecent exposure.
vii. Trafficking
viii. Financial crimes
ix. Sale of illegal articles
x. Online gambling
xi. Forgery
 Famous Cyber Crime Cases in India
Three customer service agents of
call centre contractor MphasiS
BFL, working on the Citibank
account, gained the confidence
of four US customers and
obtained their PIN numbers and
other classified account
information. They then used
these to transfer money out of
those customers' accounts and
into the accounts of members of
An Indian court has granted bail to their gang.
a schoolboy who allegedly
recorded a sexual act between
himself and a 16-year-old girl on
his mobile phone.
The clip was later sold on video CDs
via auction site Baazee.com,
sparking the arrest of its manager for
India.
Cyber crime Evolution
Statistics on Cybercrime...2007
 NASSCOM and its Role in IT

 Premier trade body and the chamber of commerce of the IT-

BPO industries in India

 More than 1200 members

 Setup in 1988 to facilitate business & trade in software

services

 Non profit organisation

 Innovative business practices, social initiatives, thrust for

foraying into new emerging opportunity areas.
 Objective of Nasscom

 Formulating National IT policies with specific focus on IT

software and services.

 Maintaining a state of the art information database of IT

software and services related activities.

 Build brand equity for the Indian IT software and services

industry.

 Take effective steps in fighting software piracy.

 Forum to explore vast potentials

 Work actively with Overseas Governments, Embassies

 NASSCOM Initiative – 4E
Framework
 ENGAGEMENT
o Networking with Global & Domestic agencies involve in
curbing cybercrime.
 EDUCATION
o Educating professionals and team of domestic

agencies.
 ENACTMENT
o Creating Cybersecurity to protect & increase the flow of
offshore business.
 ENFORCEMENT
o Making the law competent to be enforced and acted upon to
bring culprits to punishments.
 Amendment of IT Act 2000

Sectio
n Change
66
"Dishonesty" and "Fraudulent" intention made necessary, "Without permission of
the owner of the computer" has also become a condition precedent to application of
Section 66. The imprisonment term remains the same but fine has been increased.
66A
Provides cover for Cyber stalking, Spam, threat mails, Phishing mails, SMS, etc.
66C
Covers Identity theft which was not specifically covered earlier. Earlier such offences
were to be covered under Section 66 as "Diminishing of the value of information"
66E This is a new section which covers Video Voyeurism which was not covered at all
earlier.
66F Covers "Cyber Terrorism" and makes it punishable with imprisonment upto life term.
This may cover hacking, denial of access attacks, Port Scanning, spreading viruses etc. if
it can be linked to the object of terrorizing people. Conspiracy is also covered under the
section. The offence would not be bailable or compoundable.

67A Covers obscenity which involves "Sexually explicit content". The punishment is 5 years
as in the earlier act. Fine is higher.
 Ammendments Contd..

67B This addresses child pornography and makes searching and

browsing also as offences.
67C Requires specified data to be retained for specified periods by
Intermediaries failure of which becomes punishable with three years
imprisonment. The "Intermediaries" here would include cyber cafes,
ISPs, MSPs, e-auction sites etc.
69 Powers being made available to any officer designated by either the
Central or State Government to "Intercept" information whether in
transit or storage. Imprisonment for 7 years and it is non bailable
and non compoundable.
69A Provides powers to a designated officer of the Central Government to
"Block websites". Imprisonment for 7 years and it is non bailable
and non compoundable.
69B Provides powers to a designated officer of the Central Government
to "collect traffic data" from any computer resource imprisonment
for 3 years and it is bailable and compoundable.
 Global Initiatives
Five countries from three continents banding
together to fight cyber crime in a synergistic way
by sharing intelligence, swapping tools and best
practices, and strengthening and even
synchronizing their respective laws
 Our suggestions

 A broad &inclusive focus is necessary to protect the IT

services
 Strategies and Alert mechanism Against cyber attacks
 Creating a global culture of cyber security
 International cooperation at all levels should be developed
further.
 Establish funding mechanisms to facilitate practical
research
 Encouraging states to upgrade, update, notify and educate
about cyber laws & cyber attacks.
 Participatory approach involving Governments, the private
sector and non-governmental organizations.
 Include comprehensive curricular on computer related in
Academics and impress upon ethical behaviour of
professionals.
 New recruitment to ensure a sizeable team to combat cyber
crime
 Law enforcement officials need to be trained for
effective enforcement.
 Conclusion

 Cyber crime is borderless and faceless.

 All countries in the sub continent must come together to form a
joint agency to combat cyber crime.
 Judicial system and entire mechanism needs an overhaul to
deliver justice at quick speed.
 Punishment must be stringent enough to kill the motive of the
criminals.
 Ethical Hacking must be utilised to understand the psyche and
techniques of the criminals.
 Thank You