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    Information Technology Act

    Uploaded by

    Jintu Moni Barman
    The Information Technology Act of 2000 provides the legal framework for electronic commerce in India. It recognizes electronic records and digital signatures to facilitate e-governance and aims to prevent cyber crimes. The Act establishes the legal validity of electronic signatures and records. It also regulates certifying authorities and outlines penalties for various cyber crimes such as hacking, data theft, and transmitting obscene material. While the Act has been amended to address new issues, some provisions like Section 66A were criticized for restricting free speech until being struck down by the Supreme Court in 2015. The Act also lacks provisions for issues like spamming and a specific definition of obscenity.

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    Information Technology Act

    Uploaded by

    Jintu Moni Barman
    173 views12 pages
    The Information Technology Act of 2000 provides the legal framework for electronic commerce in India. It recognizes electronic records and digital signatures to facilitate e-governance and aims to prevent cyber crimes. The Act establishes the legal validity of electronic signatures and records. It also regulates certifying authorities and outlines penalties for various cyber crimes such as hacking, data theft, and transmitting obscene material. While the Act has been amended to address new issues, some provisions like Section 66A were criticized for restricting free speech until being struck down by the Supreme Court in 2015. The Act also lacks provisions for issues like spamming and a specific definition of obscenity.

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    Information Technology Act

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    The Information Technology Act of 2000 provides the legal framework for electronic commerce in India. It recognizes electronic records and digital signatures to facilitate e-governance and aims to prevent cyber crimes. The Act establishes the legal validity of electronic signatures and records. It also regulates certifying authorities and outlines penalties for various cyber crimes such as hacking, data theft, and transmitting obscene material. While the Act has been amended to address new issues, some provisions like Section 66A were criticized for restricting free speech until being struck down by the Supreme Court in 2015. The Act also lacks provisions for issues like spamming and a specific definition of obscenity.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    173 views12 pages

    Information Technology Act

    Uploaded by

    Jintu Moni Barman
    The Information Technology Act of 2000 provides the legal framework for electronic commerce in India. It recognizes electronic records and digital signatures to facilitate e-governance and aims to prevent cyber crimes. The Act establishes the legal validity of electronic signatures and records. It also regulates certifying authorities and outlines penalties for various cyber crimes such as hacking, data theft, and transmitting obscene material. While the Act has been amended to address new issues, some provisions like Section 66A were criticized for restricting free speech until being struck down by the Supreme Court in 2015. The Act also lacks provisions for issues like spamming and a specific definition of obscenity.

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    Information Technology

    Act

    By Group 6

    Introduction

    TheInformation Technology Act, 2000, is an Act of


    theIndian Parliament notified on 17 October 2000.

    Based on theUnited Nations Model Law on Electronic


    Commerce 1996 (UNCITRAL Model).

    The bill was passed in the budget session of 2000 and


    signed by PresidentK. R. Narayananon 9 May 2000.

    Has 13 chapters, 94 sections and 4 schedules.

    Objective-transactions, e-filing, e-payments

    Applies to Citizens, persons of other nationalities with


    condition.

    Commission of cyber crime may be divided into


    Individuals, Organization, Society at large.

    Types of Crime

    Against Individual

    Harassment via
    Emails

    Cyber Stalking

    Obscene material

    Against Organisation

    Defamation

    Hacking/Cracking

    Indecent Exposure

    Possession
    AgainstofSociety at Large
    Cyber- Terrorism
    unauthorised
    against Government
    Information
    Organisation

    Distribution of
    Pirated Software

    Child Pornography

    Trafficking

    Polluting the youth


    through indecent
    exposure

    Legal Elements

    Authentication of Electronic Records (Sec 3)


    Digital Signature, Electronic Records, Hash Function.

    E-Governance (Secs 4-10)

    Legal recognition, Use of electronic signatures,


    Delivery of Services, Audit

    Secs 6-8
    Cannot insist upon electronic data

    Sec 10

    Empowers Govt to make necessary rules, Cannot be


    deemed unenforceable on the ground of electronic
    means used.

    Attribution of Electronic Records (Secs 11-13)


    Originator, Person authorized, Automatic system

    Legal Elements Contd..


    Secure Records and Electronic Signatures(Secs 14-16)
    Exclusive control of signatory, Stored and affixed in
    manner prescribed.
    Regulation of certifying Authorities (Secs 17-39)
    Recognize, Issue License, Grant, Reject or Suspend
    Duties of Subscribers (Secs 40-42)
    Generate key pair, Authorize publication of digital
    signature certificate

    Penalties, Compensation and adjucation (Secs 43-47)


    Damage, Failure to furnish information
    Establishment of cyber appellate tribunal (Secs 4864)
    Empowers Central Govt for its formation

    Offences and Punishments

    Tampering with computer source documents

    Computer related dishonesty, fraud

    Sending offensive messages

    Receiving stolen computer resource or


    communication

    Identity theft

    Cheating by impersonating

    Violation of privacy

    Promotion of terrorism

    Offences and Punishments-contd..

    Publishing/transmitting obscene material

    Publishing/transmitting sexually explicit material


    depicting children

    Failure of comply any regulation

    Hacking into critical information infrastructure

    Misrepresentation

    Disclosure of Information in breach of lawful contract

    Publication for fraudulent purpose

    Amendments - 2008

    Voyeurism is now specifically covered

    Reduced jail term in case of obscene sms/emails

    Compensation is not restricted to 1 crore anymore

    Special liability imposed on call centers, BPOs

    Refusal of password handover to authorized official

    Can now be investigated by Inspector rank police


    officer

    Amendments 2008 contd..

    Introduction of concept of Electronic signature.

    Types of electronic signatures

    New provision-identity theft

    Source Code theft

    Spoofing

    Criticism section 66A

    Section 66A and restriction of free speech

    Amitabh Thakur and Nutan Thakur - Section 66A


    violated the freedom of speech guaranteed in the
    Article 19(1)(a) of theConstitution of India.

    Arrests by the Mumbai police in November 2012 of


    two women who had expressed their displeasure at
    abandhcalled in the wake of Shiv Sena chief Bal
    Thackerays death.

    Arrest of a class 11 student in Uttar Pradesh for


    posting, onFacebook, objectionable
    commentsapparently attributable to a State Minister.

    Shreya Singhal versus Union of India case

    Supreme court verdict stating Section 66A is not only


    vague and arbitrary, but that it also

    Shortcomings of IT Act

    No provision for spamming.

    No specific definition of obscenity and pornography.

    No law against phishing in the Information Technology


    Act.

    Data protection in Internet Banking.

    Thank You

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