CYBER ACTS

CYBER ACTS


IT Act, 2000  

  • Enacted  on 17th May 2000- India is 12th nation in the world to adopt cyber laws

  • IT Act is based on Model law on e-commerce adopted by UNCITRAL

  • The law applies to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law.

The IT Act, of 2000 has two schedules:

  • First Schedule: Deals with documents to which the Act shall not apply.

  • Second Schedule: Deals with electronic signature or electronic authentication method

Objectives of the IT Act

  • The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cyber crimes and prescribes penalties for them. 

  • The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. 

  • It also established a Cyber Appellate Tribunal to resolve disputes rising from this new law. 

  • The Act also amended various sections of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant with new technologies.  


Amendments


  • A major amendment was made in 2008. It introduced Section 66A which penalized sending "offensive messages". 

  • It also introduced Section 69, which gave authorities the power of "interception or monitoring or decryption of any information through any computer resource".

  •  Additionally, it introduced provisions addressing pornography, child porn, cyber terrorism and voyeurism. The amendment was passed on 22 December 2008 without any debate in Lok Sabha.

  •  The next day, it was passed by the Rajya Sabha. It was signed into law by the then President Pratibha Patil, on 5 February 2009.

Key Provisions of IT Act 2000

  • Section 69 – Government’s power to intercept, monitor, and decrypt information in the interest of national security.

  • Section 72 – Breach of confidentiality and privacy.

  • Section 67 – Publishing or transmitting obscene content electronically.

  • Cyber terrorism (Section 66F) punishable with life imprisonment if the act threatens national security

  • Section 6 – Use of electronic records and signatures in government filings


    Real World Cases

    Section 66 : Hacking with computer system

  • In February 2001, in one of the first cases, the Delhi police arrested two men 
  • running a web-hosting company.
  • The company had shut down a website over non-payment of dues. 
  • The owner of the site had claimed that he had already paid and  complained to the police.
  • The Delhi police had charged the men for hacking under Section 66 of the IT Act and breach of trust under Section 408 of the Indian Penal Code. The two men had to spend 6 days in Tihar jail waiting for bail.


Digital signature


  • The Information Technology (IT) Act, 2000 provides a legal framework for electronic governance in India, including the recognition of Digital Signatures to ensure secure electronic transactions. Here are some key points regarding Digital Signatures under the IT Act, 2000:

  • 1. Legal Recognition of Digital Signatures : The IT Act, 2000 gives legal status to digital signatures, making them equivalent to handwritten signatures. Section 3 defines the process of creating a Digital Signature using asymmetric cryptography.

  • 2. Use of Digital Signatures : Used for authentication and verification of electronic records. Commonly used in e-governance, online banking, and secure transactions.

  • 3. Digital Signature Certificates (DSC) :

           Issued by Certifying Authorities (CAs) recognized by the                        government. Contains the holder's identity .       

           details, public key, and validity period.

  • 4. Certifying Authorities (CAs) :

         Section 17-34 of the Act deals with the regulation of Certifying                  Authorities. CAs issue, suspend, and revoke Digital Signature                 Certificates.



                                                                                        Prepared by

                                                                            Aravind M(22USC006)

                                                                        III B.Sc Computer Science

        

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