Information Technology Act 2000
and Amendments therein
E K Bharat Bhushan
Joint Secretary and Financial Advisor
Department of Information Technology
1
Digital Revolution Internet Infra in INDIA
Internet
INDIA Internet Infrastructure:2008.5
1Mil. Domains
(0.5 Mil. “.in”)
Bharti
NIC
BSNL
134 Major
ISPs
130+ IDCs
Mail Servers
ERNET
Reliance
TATA
Communications
4.8 Mil. High
Speed Internet
65 Mil. Internet
Users
DNS
Govt.
IT /
ITES
BPO
248 Mil. Mobile
Phones
8 Mil. Mobile Phones being added
per month
Enterprise
Home
Academia
`
Tele Density 24 per 1000 person
Targetted Broadband connection = 10 Mil.
(2010)
VOIP, IPTV
2
THREE OUTSTANDING FEATURESWHICH MAKE
DIGITAL REVOLUTION UNIQUE ARE THE
RESULTANT
1. Cyberspace
2. Knowledge Economy
3. Speed with which it has transformed
industrial economy into a knowledge
Economy
3
LEGAL PROBLEMS OF THE NEW
TECHNOLOGY
• APPLICATION OF JURISPRUDENTIAL
CONCEPTIONS TO CYBERSPACE.
• FRAGILE EVIDENCE
4
VANISHING BORDERS IN CYBERSPACE
• Sovereignty and exercise of Jurisdiction
which are attributes of statehood are
linked to territorial nexus
• In Cyberspace territorial boundaries are
meaningless
• Internet address has no relation to the
physical location of the computer or its
user
• Law implies the application of coercive
force but this is not feasible over
individuals not within the territory
5
ANONYMITY AND PSEUDO-ANONYMITY
• Cyberspace
permits
anonymity
and
pseudo anonymity
• Users can mask their real flesh and blood
identities and assume digital avtars
• anonymous remailers facilitate sending
messages without revealing their identity
or origin
6
CHALLENGE OF CYBERSPACE
Cyberspace
calls
into
question
many
traditional legal conceptions like
• Ownership
• Freedom of expression
• Liability
• Property etc
7
INFLUENCE OF US CONSTITUTIONAL AND LEGAL
DOCTRINES ON GROWTH OF CYBERLAW
Internet is a product of US Technology, so
issues relating to Internet are heavily
flavoured by US Constitutional and Legal
doctrines
8
TWO SCHOOLS OF THOUGHT ON
GOVERNANCE OF CYBERSPACE
Regulation skeptics Governments should not
regulate Cyberspace
Reasons
• Laws involved on geographical basis have
no application to cyberspace which is
borderless
• Cyberspace
transactions
occur
simultaneously
in
all
jurisdictions
assumption of jurisdiction by multiple
states will lead to jurisdictional mayhem
• Architecture of Cyberspace precludes
9
previous notice of applicable laws
RELATIONSHIP BETWEEN LAW AND SOCIAL
CHANGE
“The controversy between those who
believe that law should essentially follow
and not lead and it should do so clearly
formulated social sentiment and those who
believe that law should be determined
agent in the creation of new social norms is
one of the recurring themes in the history of
legal thought”
PROFESSOR WOLFGANG FRIEDMANN –
Law in the Changing Society
10
Salient features of the Act
The salient features of the Information Technology Act, 2000 are
as follows:—
(i) Extends to the whole of India (Section 1)
(ii) Authentication of electronic records (Section 3)
(iii) Legal Framework for affixing Digital signature by use of
asymmetric crypto system and hash function (Section 3)
(iv) Legal recognition of electronic records (Section 4)
(v) Legal recognition of digital signatures (Section 5)
(vi) Retention of electronic record (Section 7)
(vii) Publication of Official Gazette in electronic form (Section 8)
(viii)
Security procedure for electronic records and digital
signature (Sections 14, 15, 16)
(ix) Licensing and Regulation of Certifying authorities for issuing
digital signature certificates (Sections 17-42)
(x) Functions of Controller (Section 18)
Contd..
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
(xxvi)
Appointment of Certifying Authorities and Controller of Certifying Authorities,
including recognition of foreign Certifying Authorities (Section 19)
Controller to act as repository of all digital signature certificates (Section 20)
Data Protection (Sections 43 & 66)
Various types of computer crimes defined and stringent penalties provided under
the Act (Section 43 and Sections 66, 67, 72)
Appointment of Adjudicating officer for holding inquiries under the Act (Sections
46 & 47)
Establishment of Cyber Appellate Tribunal under the Act (Sections 48-56)
Appeal from order of Adjudicating Officer to Cyber Appellate Tribunal and not to
any Civil Court (Section 57)
Appeal from order of Cyber Appellate Tribunal to High Court (Section 62)
Interception of information from computer to computer (Section 69)
Protection System (Section 70)
Act to apply for offences or contraventions committed outside India (Section 75)
Investigation of computer crimes to be investigated by officer at the DSP (Deputy
Superintendent of Police) level
Network service providers not to be liable in certain cases (Section 79)
Power of police officers and other officers to enter into any public place and
search and arrest without warrant (Section 80)
Offences by the Companies (Section 85)
Constitution of Cyber Regulations Advisory Committee who will advice the Central
Government and Controller (Section 88)
New Provisions added through Amendments
•
New Section to address technology neutrality from
its present “technology specific” form
(i.e. Digital Signature to Electronic Signature)
Section 3A
•
New Section to address promotion of e-Governance
& other IT application
Section 6A
– Delivery of Service
– Outsourcing – Public Private Partnership
•
New Section to address electronic contract
Section 10A
•
New Section to address data protection and privacy
Section 43
•
Body corporate to implement best security practices
Sections 43A &
72A
•
Multimember Appellate Tribunal
Sections 49-52
Contd.
•
New Section to address new forms of computer misuse
– Impersonation
– Identity theft and E-commerce frauds
like phishing
– Video voyeurism
– Offensive messages and Spam
– Pornography
Section 419A
Section 417A
Section 502A
Section 66A
Section 67A
•
Preservation and Retention of Data/Information
•
Revision of existing Section 69 to empower Central
Section 69
Government to designate agencies and issue direction
for interception and safeguards for monitoring and decryption
•
Blocking of Information for public access
Section 67C
Section 69A
Contd.
•
Monitoring of Traffic Data and Information for
Cyber Security
Section 69B
•
New section for designating agency for protection
of Critical Information Infrastructure
Section 70A
•
New Section for power to CERT-In to call and
analyse information relating to breach in cyber
space and cyber security
Section 70B
•
Revision of existing Section 79 for prescribing liabilities
of service providers in certain cases and to Empower
Central Government to prescribe guidelines to be observed
by the service providers for providing services. It also
regulate cyber cafes.
Section 79
•
New Section for Examiner of Digital Evidence
Section 79A
•
New Section for power to prescribe modes of Encryption
Section 84A
•
Punishment for most of offences were reduced from three
years to two years
Thank you
Incident Response Help Desk
Phone: 1800 11 4949
FAX:
1800 11 6969
e-mail: incident at cert-in.org.in
http://www.cert-in.org.in