Cyber Law

03-09-2012

Cyber Law

WHAT DO YOU MEAN BY CYBER LAW ?

Cyber laws provides legal recognition to electronic documents and a framework to support e-commerce and e-filing.

History Of Cyber Law

The General Assembly of UNO recognizing the need of a separate law for Ecommerce and E business , resolved on 30-01-1997 to adopt a model law on electronic commerce framed by United Nations commission on international trade law. The Government of India Keeping in view the above fact got enacted by Parliament the Information Technology ACT 2000.

Objectives of the law

To bring in uniformity in the law applicable to paperless methods of communication and storage of information prevalent in India on the pattern of the international law To promote efficient delivery of Government services by means of reliable electronic records

Scope and Application

Has come into effect from 17th October 2000 The act does not apply to the following
A negotiable instrument as per NI Act1881 A power-of-attorney as per POA Act 1882 A trust deed A will Any contract for sale or conveyance of immovable property or any interest in such property Any such class of documents or transactions as may be notified by the central govt. in the official gazette.

Act covers
Digital Signature Electronic Governance Attribution, acknowledgement and dispatch of electronic records Secure Electronic Records and Secure Digital Signatures Regulation of Certifying authorities Granting Licence Digital Signature Certificates Duties of Subscribers Penalties and Adjudication The Cyber Regulations appellate Tribunal Offences

Introduction to Cyber Crime

The term Cybernetics was coined by the American mathematician Robert Wiener in 1940s to mean: The Theory of Control and Communication Processes Cyber Crime Any crime with the help of computer and telecommunication technology with the purpose of influencing the functioning of the computer and the computer system.

Computer Crimes

Logic Bombs Trap Doors Spamming Piggybacking Virus, worms, Trojan Horse E-Mail abuse etc.

Categories of Cyber Crime

Against a Person:
1. Cyber staking 2. Impersonation 3. Loss of Privacy etc.

Against Property:
1. Unauthorized Computer trespassing through Cyberspace 2. Computer vandalism 3. Harmful program transfer 4. e-cash 5. money laundering 6. Copy Right etc.

Categories of Cyber Crime

Against a Person:
1. Cyber staking 2. Impersonation 3. Loss of Privacy etc.

Against Property:
1. Unauthorized Computer trespassing through Cyberspace 2. Computer vandalism 3. Harmful program transfer 4. e-cash 5. money laundering 6. Copy Right etc.

10/8/2012

Cyber Law

10

Against Government:
1. Hacking 2. Cyber Extortion 3. NASA Website hacking 4. Cyber Terrorism 5. Computer Viruses 6. Counterfeiting currency & industrial Espionage etc.

Mafia Boys

Cyber crime cases up 49%

AHMEDABAD: Gujarat has reported an almost 50% rise in crimes under the Information Technology Act, 2000. Compared to 35 cases in 2010,

2011 reported 52 cases as per the 'Crime In India' report published by National Crime Records Bureau (NCRB). Twenty cases were registered under IPC sections this year, against 15 the previous year. From the cases reported, the highest came from Ahmedabad (36), followed by Vadodara (10). Surat and Rajkot reported one and two cases respectively. Nationally, Andhra Pradesh (349) ranked first, Maharashtra (306)

Kerala (227). In cities, Bangalore (117) reported the most incidents while
Visakhapatnam (107) and Pune (83) ranked second and third.

Jurisprudence of Cyber Law

1. The philosophy of law, or legal theory

2. Case Law

I.T. ACT 2000

The gazette of India part-2 The Act received assent of President on 9th June 2000 United Nations by resolution A/RES/51/162, dated the 30th January, 1997 Electronic commerce governance

Electronic governance
Legal Recognition of electronic records Legal Recognition of digital signature Publication of regulation in electronic gazette Section 6, 7 and 8

Power of Central Government with digital signature.

The type of digital signature; The manner and format The manner facilitates identification The control processes and procedures Any other matter

Attribution of electronic records

If it was sent by the originator himself Authorized person

Information system

Acknowledgment of receipt
By communication or conduct

In case of stipulation mentioned

In case no stipulation mentioned

Secure electronic records and digital signature

Unique to the subscriber affixing

Capable of identifying such subscriber

Created under the exclusive control of subscriber

Security procedure of transactions

The nature of the transaction The level of sophistication The volume of similar transactions The availability of alternatives offered The cost of alternative procedures The procedures in general use