BL - Cyber Laws

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Cyber Laws

Monish R Chhabria 0911151

Naveen Prabhu 0911152Prabhu V R 0911153

Prateek Kedia - 0911154


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History of IT Act:

The Dept of Electronics (DoE) draftedthe Bill in July 1998.

It was then introduced in the Houseon December 16, 1999 when the ITMinistry was formed.

The bill then went throughsubstantial changes due to the WTOobligations

Both houses then approved the billb Ma 17 2000 and received


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IT Act, 2000

It is the Act that provides recognition fortransactions carried out by the means ofelectronic data interchange and other

means of electronic communication,commonly referred to as electroniccommerce, which involve the use ofalternatives to paper based methods of

communication and storage of informationto facilitate electronic filing of documentswith the Government agencies.

It is also called Cyber Law.


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Objectives of IT Act

To provide legal recognition fortransactions:-

Carried out by means of electronicdata interchange,

Other means of electronic

communication, commonly referredto as "electronic commerce",involving the use of alternatives topaper-based methods of

communication and storage of


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Objectives: (Cont.d)

To facilitate electronic filing ofdocuments with the Governmentagencies

To amend the Indian Penal Code, theIndian Evidence Act, 1872, theBanker's Book Evidence Act, 1891

and the Reserve Bank of India Act,1934


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Extent of application

Extends to whole of India and also applies to anyoffence or contravention there under committedoutside India by any person {section 1 (2)} readwith Section 75- Act applies to offence orcontravention committed outside India by any

person irrespective of his nationality, if such actinvolves a computer, computer system or networklocated in India

Section 2 (1) (a) Access means gaining entryinto ,instructing or communicating with the logical,arithmetic or memory function resources of acomputer, computer resource or network


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Act is in applicable to(Scope)

(a) a negotiable instrument (Other

than a cheque) as defined in section

13 of the Negotiable Instruments Act,

1881;

(b) a power-of-attorney as defined in

section 1A of the Powers-of-Attorney


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Scope (Cont.d)

(d) a will as defined in clause (h) of section 2

of the Indian Succession Act, 1925 including

any other testamentary disposition

(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


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Salient Features of the Act:

The Act extends to the whole of Indiaand also applies to any offences orcontraventions there under

committed outside India.The Act provides to the Corporate

sector by making e-mails will valid

and legal form of communicationthat can be duly presented andapproved in court of law


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Salient Features of the Act:(Cont.d)

The Act aids the companies to carryout e-commerce

Corporate will not be able to usedigital signatures to carry out theirtransactions

The Act allows the entry of Corporatesector in the by certifying Authoritiesfor issuing Digital SignatureCertificates

The Act enables com anies le all to


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Salient Features of the Act:(Cont.d)

The Act addresses the importantissues of security which are socritical to the success of electronic

transactions etc.The Act has defined various cyber

crimes and has declared them penal

offences punishable withimprisonment and fine, which is a bigrelief for corporates.


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Advantages of Cyber Laws

E-mails are now valid and legal formof communication in our country thatcan be duly produced and approved

by the court Companies can carry out e-

commerce by using the legal

infrastructure provided by the Act. Digital Signatures have been given

legal validity and sanction in the Act.

IT Act also addresses the securit


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Advantages of Cyber Laws:(Cont.d)

Allows the Govt. to issue notificationson the web thus heralding e-governance

Under the IT Act, it is now possiblefor corporate sector to have statutoryremedy in case if anyone breaks into

their computer systems or networkand causes damges or copies ofData. The remedy provided under the

cat in the form of Monetary


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Digital Signatures

Means authentication of anyelectronic record by subscriber bymeans of an electronic method of

procedure in accordance toprovisions of Section 3 of IT Act,2000.

The authentication to be affected byuse of asymmetric crypto system andhash function

The private key and the public key


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Essential steps of the digital signature

process STEP 1 The signatory is the authorized holder a unique cryptographic key pair;

STEP 2 The signatory prepares a data message (for example, in the form of anelectronic mail message) on a computer;

STEP 3 The signatory prepares a message digest, using a secure hash algorithm.

Digital signature creation uses a hash result derived from and unique to the signedmessage;

STEP 4 The signatory encrypts the message digest with the private key. The privatekey is applied to the message digest text using a mathematical algorithm. The digitalsignature consists of the encrypted message digest,

STEP 5 The signatory typically attaches or appends its digital signature to themessage;

STEP 6 The signatory sends the digital signature and the (unencrypted or encrypted)message to the relying party electronically;


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Essential steps of the digital signatureprocess

STEP 7 The relying party uses the signatorys public key to verify the signatorysdigital signature. Verification using the signatorys public key provides a level oftechnical assurance that the message came exclusively from the signatory;

STEP 8 The relying party also creates a message digest of the message, using thesame secure hash algorithm;

STEP 9 The relying party compares the two message digests. If they are the same,then the relying party knows that the message has not been altered after it was signed.Even if one bit in the message has been altered after the message has been digitallysigned, the message digest created by the relying party will be different from themessage digest created by the signatory;

STEP 10 Where the certification process is resorted to, the relying party obtains a

certificate from the certification service provider (including through the signatory orotherwise), which confirms the digital signature on the signatorys message. Thecertificate contains the public key and name of the signatory (and possibly additionalinformation), digitally signed by the certification service provider.


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Digital Signature Certificate:

Any person may make an applicationto the Certifying Authority for issue ofDigital Signature Certificate. The

Certifying Authority while issuingsuch certificate shall certify that ithas complied with the provisions of

the Act.The Certifying Authority has to

ensure that the subscriber (i.e., a

person in whose name the Digital


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Acknowledgement ofReceipt

If Originator has not specifiedparticular method-

Any communication automated orotherwise or conduct to indicate thereceipt If specified that the receipt isnecessary

Then unless acknowledgement hasbeen received Electronic Record shallbe deemed to have been never sent

Where acknowled ement is not


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Dispatch of Electronicrecord

Unless otherwise agreed dispatchoccurs when ER enters resourceoutside the control of originator

If addressee has a designatedcomputer resource , receipt occurs attime ER enters the designated

computer, if electronic record is sentto a computer resource of addresseethat is not designated , receipt

occurs when ER is retrieved by


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Authentication of Records

Any subscriber may authenticate anelectronic record Authentication byaffixing his digital signature. Any

person by the use of a public key ofthe subscriber can verify theelectronic record.


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Section 4- Legal recognition ofElectronic Records

If any information is required inprinted or written form under any lawthe Information provided in electronic

form, which is accessible so as to beusable for subsequent use, shall bedeemed to satisfy the requirement of

presenting the document in writingor printed form.


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Sections 5, 6 & 7

Legal recognition of Digital Signatures

Use of Electronic Records in Government & ItsAgencies

Publications of rules and regulations in the

Electronic Gazette.

Retention of Electronic Records

Accessibility of information, same format,particulars of dispatch, origin, destination, timestamp ,etc

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