SUBMITTED BY : TAMANNA ARORA 17 AMANDEEP KAUR 63

Cyber Law is the law governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc.

The General Assembly of UNO recognizing the need of a separate law for Ecommerce and E business , resolved on 3001-1997 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.

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

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.

1. Cyber Crimes 2. Electronic and Digital Signatures 3. Intellectual Property 4. Data Protection and Privacy

Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Cyber crime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime. Cyber crimes are unlawful acts where computer is used either as a tool; or a target; or both.

1. Cybercrimes against persons.

2. Cybercrimes against property.

3. Cybercrimes against government.

 It include various crimes like

transmission of childpornography, harassment of any one with the use of a computer such as e-mail.

The trafficking, distribution, posting, and dissemination of obscene material including pornography and indecent exposure, is one of the most important Cybercrimes known today.

These crimes include: Computer vandalism (destruction of others' property); Transmission of harmful programmes; Stealing knowledge of funds from financial institutions; Stealing secret information & data.

 Cyberterrorism

is one distinct kind of crime in

this category.
The

medium of Cyberspace is used by individuals and groups to threaten the international governments as also to terrorise the citizens of a country. crime manifests itself into terrorism when an individual "cracks" into a government or military maintained website.

This

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

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

Cyber Law

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

Cyber Law

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Electronic Signatures are used to authenticate electronic records. Digital Signatures are one type of electronic signatures.

Digital Signatures satisfy three major legal requirements: Signer authentication; Message authentication; and Message integrity. The technology and efficiency of digital signatures makes them more trustworthy than hand written signatures.

Intellectual property refers to creations of the human mind e.g. a story, a song, a painting, a design etc. The facets of intellectual property that relate to cyber space are covered by Cyber law.

These include:
1.Copyright law: Relating to computer software, source code, websites, cell phone content etc. Software and source code licences. 2.Trademark law with relation to domain names, meta tags, mirroring, framing, linking etc. 3.Semiconductor law which relates to the protection of semiconductor integrated circuits design and layouts. 4.Patent law in relation to computer hardware and software.

Data Protection and Privacy Laws aim to achieve a fair balance between the privacy rights of the individual and the interests of data controllers such as banks, hospitals, email service providers etc. These laws seek to address the challenges to privacy caused by collecting, storing and transmitting data using new technologies.

Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law. Cyberspace has complete disrespect for Jurisdictional Boundaries. Cyberspace handles gigantic traffic volumes every second. Cyberspace is open to participation by all.

Cyberspace offers enormous potential for anonymity to its members. Cyberspace offers never-seen-before economic efficiency. Electronic information has become the main object of cyber crime. Here the original information, so to say, remains in the possession of the owner and yet information gets stolen.

The primary source of cyber law in India is the Information Technology Act , 2000 (IT Act) which came into force on 17 October 2000. The primary purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government. Information Technology Act 2000 consisted of 94 sections segregated into 13 chapters. Four schedules form part of the Act.

The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed by the parliament on 23rd December 2008.

It received the assent of President of India on 5th February, 2009. The IT Act 2008 has been notified on October 27, 2009.

ITA 2008, as the new version of Information Technology Act 2000 is often referred, has provided additional focus on Information Security.
It has added several new sections on offences including Cyber Terrorism and Data Protection.

In the 2008 version of the Act, there are 124 sections (excluding 5 sections that have been omitted from the earlier version) and 14 chapters.
Schedule I and II have been replaced. Schedules III and IV are deleted.

The term digital signature has been replaced with electronic signature to make the Act more technology neutral.
A new section 10A has been inserted to the effect that contracts concluded electronically shall not be deemed to be unenforceable solely on the ground that electronic form or means was used.

Section 43 :
If any person without permission of the owner or any other person who in charge of the computer system or network : a) b) c) d) e) f) g) h) ACCESS OR SECUER the access to such computer DOWNLOAD, COPIES, or EXTRACTS any data from such computer Introduces causes to be introduced any computer contaminate or COMPUTER VIRUS into any computer DAMAGES any computer network DISRUPTS or CAUSES DISRUPTION of any computer system DENIAL or CAUSES DENIAL of access to any person authorized to access any computer system or network CONTRAVENTION (break) or violates CHANGES ACCOUNT SETTINGS

new section 43A has been inserted to protect sensitive personal data or information dealt, possessed, or handled by a body corporate.

Whoever knowingly or intentionally conceals, destroys or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both
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Hacking with Computer System (1) Information residing in a computer resources must be either: Destroyed Deleted Altered Diminished in value or utility Affected Injuriously Punishment: 3 yrs. Or Fine up to 2 lac for hacking. The offences are tribal by any magistrate.
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 New

sections 66A to 66F prescribe punishment for offenses such as obscene electronic message transmissions, identity theft, cheating by impersonation using computer resource, violation of privacy & cyber terrorism.

 Section

of the old Act is amended to reduce term of imprisonment for publishing or transmitting obscene material in electronic form to 3 years from 5 years and increase the fine thereof from Rs.100,000 to Rs. 500,000.

67

Sections

provisions in respect of offenses of publishing/ transmitting of material containing sexually explicit act and child pornography in electronic form.

67 A and B insert penal

Deals with the Interception, monitoring or decryption of any information in the interest of the sovereignty, integrity, Security or defense of India, friendly relations with the with foreign states etc. Punishment: 2 lakh and /or jail not extending 5 yrs.

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 Sections

69 A and B, grant power to the state to direct blocking for public access of any information through any computer resource and to authorize to monitor and collect traffic data or information through any computer resource for cyber security.

 Section Section

up to 5 lakh jail not extending 2 yrs.

72: Violation of the privacy policy---Fine 502A: Publishing, Transmitting images of 419A: Cheating by any communication 417A: Identity Theft--- 2yrs.
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the private area of a person without his or her consent--2yrs./2 lakh.

Section Section

device or computer resource --- 5yrs.

 Section

intermediaries has been modified to the effect that an intermediary shall not be liable for any 3rd party information data or communication link made available or hosted by him, subject to certain conditions. A provison has been added to Section 81 which states that the provisions of the Act shall have overriding effect.

79 of the old Act which exempted

Cyber Appellate Tribunal has been established under the Information Technology Act under the aegis of Controller of Certifying Authorities (C.C.A.). The first and the only Cyber Appellate Tribunal in the country have been established by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000. The Tribunal initially known as the Cyber Regulations Appellate Tribunal (C.R.A.T.), started functioning from October 2006

1) The Central Government shall, by notification, establish one or more tribunals to be known as the Cyber Regulations Appellate Tribunal. (2) The Central Government shall also specify, in the notification referred to in sub-section (1), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction.

A Cyber Appellate Tribunal shall consist of one person only (here in after referred to as the Residing Officer of the Cyber Appellate Tribunal) to be appointed, by notification, by the Central Government.

Person shall not be qualified for appointment as the Presiding Officer of a Cyber

Appellate Tribunal unless he (a) is, or has been. or is qualified to be, a Judge of a High Court; or (b) is or has been a member of the Indian Legal Service and is holding or hasheld a post in Grade I of that Service for at least three years.

The Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier.

Salary, allowances and other terms and conditions of service of Presiding

The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of the Presiding Officer of a Cyber Appellate Tribunal shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Presiding Officer shall be varied to his disadvantage after.

If, for reason other than temporary absence, any vacancy occurs in the office n thePresiding Officer of a Cyber Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy .

(1) The Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office (2) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.

(1) The Central Government shall provide the Cyber Appellate Tribunal with such officers and employees as that Government may think fit (2) The officers and employees of the Cyber Appellate Tribunal shall discharge their functions under general superintendence of the Presiding Officer. (3) The salaries, allowances and other condition of service of the officers and employees.

The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of civil Procedure, 1908 but shall be guided by the principles of natural justice.

The same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents or other electronic records; (c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex pane; (g) any other matter which may be prescribed.

The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Cyber Appellate Tribunal.

Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of such order.