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