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CYBER SPACE:
The Global Room Today
A science fiction writer coined the useful term "cyberspace" in 1982. But the territory in question, the electronic frontier, is about a hundred and thirty years old. Cyberspace is the "place" where a telephone conversation appears to occur. Not inside your actual phone, the plastic device on your desk. This "place is not "real," but it is serious, it is earnest. Tens of thousands of people have dedicated their lives to it, to the public service of public communication by wire and electronics. Cyberspace today is a "Net," a "Matrix," international in scope and growing swiftly and steadily. It's growing in size, and wealth, and political importance. People have met there and been married there. There are entire living communities in cyberspace today; chattering, gossipping, planning, conferring and scheming, leaving one another voice-mail and electronic mail, giving one another big weightless chunks of valuable data, both legitimate and illegitimate. They busily pass one another computer software and the occasional festering computer virus.
Legal Framework for Information Technology - The Need for the Hour
Technology Trends
The Internet provides a virtual medium for communications and commerce that transcends many of the limitations in the physical world. This presents a mixed blessing: the capacity to achieve near parity with competitors located any place, offset by expectations and the complexity in doing business across jurisdictions. We must ascend new learning curves and make sizeable equipment investments to accrue efficiency and productivity gains.
By: Dheeraj Mehrotra
Marketplace Trends
The Internet reduces market entry barriers. It provides a new medium, that can reduce transaction costs and promote frictionless commerce. It can eliminate intermediaries that do not add sufficient value (disintermediation), but it also can create new opportunities, e.g., content portals, auctioneers and B2B brokers. It reduces comparative and competitive disadvantages based on location alone. It offers the promise of faster,better, smarter, cheaper and more convenient services.
What is Cyberlaw ?
Cyberlaw is a generic term which refers to all the legal and regulatory aspects of Information Technology in the Cyber space
Anything related to or concerning any activity of netizens and others, within Cyberspace comes within the the ambit of Cyberlaw A vibrant and effective regulatory mechanism is crucial for the success of e-Commerce
By: Dheeraj Mehrotra
The I.T. Act received the Presidents sanction on 9th June, 2000.The I.T. Act is effective from 17th October, 2000.
Digital Certificate
A Digital Certificate is an electronic card that establishes ones credentials when doing business or other transactions on the web.
Issuing Authority
Certifying Authority is a person to whom a license has been granted to issue a Digital Certificate which is used to create publicprivate key pairs and digital signatures.
By: Dheeraj Mehrotra
Certifying Authorities
Certifying Authority to be monitored by the Controller of Certifying Authorities. Duties, rights and responsibilities specified in the rules
Digital Signature
A digital signature is a digital code that can be attached to an electronically transmitted message to uniquely identify the stranger. Unlike a handwritten signature, a digital signature binds the content of a message to the signer in such a way that if even one bit in the message changes enroute, the signature will not verify at the other end.
By: Dheeraj Mehrotra
Cyber Crimes
What is Cyber Crime? All activities done with
criminal intent in Cyber space. These could be either the criminal activities in the conventional sense or could be activities, newly evolved with growth of new medium.
By: Dheeraj Mehrotra
Major Cybercrimes
Unauthorised access to a computer system Unauthorised access to data or information Introduces or causes to introduce viruses Tampering with computer source documents Cause Damage to Computer system or causes any disruption Denies access to any person authorised to access the computer system Spread of viruses
By: Dheeraj Mehrotra
Major Cybercrimes
Uses or down loads un-licensed software Hacking Publishing obscene information Breach of confidentiality and privacy Cyber Squatting Spread of viruses
Cybercrimes are on the increase. Cybercrimes can be said to be of three categories : Cybercrime against property Cybercrime against persons Cybercrime against nations
By: Dheeraj Mehrotra
Electronic Governance
Filing of forms, application or other documents in any government office in the electronic form as per the manner prescribed is given legal sanctity
I T ACT,2000- OBJECTS
Aims to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly referred to as electronic commerce which involve the alternatives to paper based methods of communication and storage of information.
By: Dheeraj Mehrotra
I T ACT,2000- OBJECTS
To facilitate electronic filing of documents with Government agencies . To amend four laws of the country, The Indian Penal Code, The Indian Evidence Act, 1872, The Bankers Book Evidence Act, 1881 and The Reserve Bank of India Act, 1934.
By: Dheeraj Mehrotra
Once digital signatures come in, there will be great enabling factors in boosting up authenticity of electronic records and contracts and would further in turn boost up the e-commerce scenario in our country.
By: Dheeraj Mehrotra
INTERCEPTION OF INFORMATION
Any agency of the government can intercept any information transmitted through any computer resource if the same is necessary in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence.
By: Dheeraj Mehrotra
INTERCEPTION OF INFORMATION
This is one provision which is likely to be misused No standards or provisions have been laid down by the IT Act, which define any conditions detailed above. Gross violation of individual freedom and that aforesaid conditions are unreasonable.
By: Dheeraj Mehrotra
HACKING
Hacking has been made a penal offence punishable with imprisonment and fine. Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking
By: Dheeraj Mehrotra
I T SECURITY POLICY
Companies must have a detailed I T Security Policy in tune with the mandatory specific provisions of the IT Act and IT Rules. This is absolutely essential in order to enable any company to take benefit of the provisions of the I T Act in case of any dispute in the coming times.
By: Dheeraj Mehrotra
LINKING
Websites should have specific linking policy in case they provide links. The said policy should specifically state the crux of understanding or agreement with linking websites and other consequent benefits.
SECURITY
Security issues are of immense importance in Cyberlaw. Crucial issues of Security are addressed in the IT Act, 2000 and IT Rules, 2000
By: Dheeraj Mehrotra
DISPUTE RESOLUTION
There must be a clarity of thought process on the mechanism for dispute resolution, should a dispute realize. This may be in the form of either online arbitration or arbitration in the actual world.
By: Dheeraj Mehrotra
CONCLUSION
The IT Act, 2000 is the first step forward.The other steps have to follow. However, the government has to be quick in responding to the challenges raised by the constantly changing technologies. Just as time does not wait for anyone, so does Internet. The time to act is right now.
By: Dheeraj Mehrotra
Information Technology and knowledge based industries Physical logistics Smart Commercial Chain Cyber laws and Digital Law enforcement Cheaper Hardware, Software and Internet People with e-vision and common sense
By: Dheeraj Mehrotra
Launch Nation wide information security campaign: Information on cyber security related aspects is the concern of all the computer network / Internet users. Thus, the Government should take appropriate steps to inform the public about cyber security in a well-organised manner. This could be done by organising workshops / trainings, regular discussions / talks on TV during prime time, publishing articles etc. in the leading newspapers on cyber security and counter security aspects.
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wishes you all a QUALITY OF WORK LIFE AHEAD.
By: Dheeraj Mehrotra