Post on 04-Apr-2018
7/30/2019 Unit 5 Cyber Law
1/21
Cyber Law
Unit V
7/30/2019 Unit 5 Cyber Law
2/21
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
7/30/2019 Unit 5 Cyber Law
3/21
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
7/30/2019 Unit 5 Cyber Law
4/21
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, tofacilitate electronic filing of documents with
the Government agencies
7/30/2019 Unit 5 Cyber Law
5/21
Objectives
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.
7/30/2019 Unit 5 Cyber Law
6/21
Definition
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 electronicrecord but does not include any intermediary
7/30/2019 Unit 5 Cyber Law
7/21
Definition
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
7/30/2019 Unit 5 Cyber Law
8/21
Definition
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
7/30/2019 Unit 5 Cyber Law
9/21
Definition
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
7/30/2019 Unit 5 Cyber Law
10/21
Definition
Digital signature means authentication of anyelectronic record by a subscriber by means of an
electronic method or procedure
Digital Signature Certificate means a DigitalSignature Certificate issued
Electronic form with reference to information
means any information generated, sent, receivedor stored in media, magnetic, optical, computer
memory, micro film, computer generated micro
fiche or similar device
7/30/2019 Unit 5 Cyber Law
11/21
Definition
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
7/30/2019 Unit 5 Cyber Law
12/21
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 aprivate key which attaches itself to the message
It can be verified by anybody who has the public key
corresponding to such private key
7/30/2019 Unit 5 Cyber Law
13/21
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
7/30/2019 Unit 5 Cyber Law
14/21
Electronic Governance
This helps speed up Government processes
and procedures resulting in streamlined
Government - Industry interface across all
Government departments
7/30/2019 Unit 5 Cyber Law
15/21
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
7/30/2019 Unit 5 Cyber Law
16/21
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 Governmentin 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.
7/30/2019 Unit 5 Cyber Law
17/21
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 himcomplies with provisions of this Act
Display its license at a noticeable place
7/30/2019 Unit 5 Cyber Law
18/21
Controller
Powers
Regulate the functions of Certifying Authorities
Perform activities as specified in the Act
Grant recognition to foreign Certifying Authoritieswith 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
7/30/2019 Unit 5 Cyber Law
19/21
Penalties and Adjudication
Act provides for appointment ofAdjudicating
Officerfor 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 orregulations made under this Act)
Quantum of Penalty to match with nature of
default
7/30/2019 Unit 5 Cyber Law
20/21
Offences 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
7/30/2019 Unit 5 Cyber Law
21/21
Information Technology Act
Power vests with the Central Government and withthe State Government in certain cases to make
Rules
Cyber Regulations and Advisory Committee Constituted by Central Govt.
Consist of chairperson and members (official and non-
official 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