PRESENTATION ON CYBER LAWS CONTENTS INTRODUCTION NEED FOR CYBER LAWS CYBER LAWS IN INDIA CYBER CRIMES OFFENCES AND LAWS IN CYBER SPACE CYBER LAWS AMENDMENTS CONCLUSION INTRODUCTION What is Cyber Law? 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. Cyber law encompasses laws relating to: 1. Cyber Crimes 2. Electronic and Digital Signatures 3. Intellectual Property 4. Data Protection and Privacy NEED FOR CYBER LAWS TACKLING CYBER CRIMES INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS PROTECTION ACT NEED FOR CYBER LAWS 1. Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law. 2. Cyberspace has complete disrespect for jurisdictional boundaries. A person in India could break into a bank’s electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank in Switzerland, all within minutes. All he would need is a laptop computer and a cell phone. 3. Cyberspace handles gigantic traffic volumes every second. Billions of emails are crisscrossing the globe even as we read this, millions of websites are being accessed every minute and billions of dollars are electronically transferred around the world by banks every day. 4. Cyberspace is absolutely open to participation by all. A ten year-old in Bhutan can have a live chat session with an eight year-old in Bali without any regard for the distance or the anonymity between them COMPARSION B/W 10 COUNTRIES CYBER LAWS IN INDIA IT ACT PASSED IN 2000 INTERNET IN INDIA IMPLEMENTATION OF CYBER LAW REASONS FOR DELAY IN IMPLEMENTATION OF CYBER LAWS IN INDIA IT ACT 2000 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. The IT Act also penalizes various cyber crimes and provides strict punishments (imprisonment terms upto 10 years and compensation up to Rs 1 crore). The IT Act was amended by the Negotiable Instruments (Amendments and Miscellaneous Provisions) Act, 2002. This introduced the concept of electronic cheques and truncated cheques. Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004 has provided the necessary legal framework for filing of documents with the Government as well as issue of licenses by the Government. COUNTRIES AFFECTED CYBER CRIMES CYBER CRIMES AGAINST PERSONS CYBER CRIMES AGAINST PROPERTY CYBER CRIMES AGAINST GOVERNMENT CYBER CRIMES ALLAHABAD: As many as 94 computer professionals and hackers were arrested in UP on charges of cyber fraud in 2014. In all, 1,223 people were arrested across the state under cyber crime act in 2014, which was more than 103.2% in comparison to 2013. A total of 602 people were arrested in 2013. The data of National Crime Record Bureau (NCRB) revealed that UP had 18.1% share of cases reported under cyber crime during 2014. Moreover, majority of 898 cases lodged across the state under Section 66 A of IT Act were computer related offences. A total of 1,042 cases were lodged under Sections 66 A to 66 E. CRIME THROUGH ORKUT Koushambi ,24- year old software professional working for TCS was brutally killed by Manish Thakur, in a hotel room at Andheri . COMPARISION PESTN IMPACTS INTERNET AND ITS EFFECT 20% - 30% of Internet pornography consumption is by children of ages 12 - 17. MySpace is being used by predators to meet and entice kids online. Specific marketing strategies are being used to attract children to porn sites. PREVENTION TIPS Keep your computer current with the latest patches and updates. Make sure your computer is configured securely. Choose strong passwords and keep them safe. Protect your computer with security software. Shield your personal information. Online offers that look too good to be true usually are. Review bank and credit card statements regularly. OFFENCES AND LAWS IN CYBER SPACE TAMPERING WITH COMPUTER DOCUMENTS HACKING WITH COMPUTER SYSTEM PUBLISHING OBSCENE MATERIAL ON INTERNET BREACHING OF CONFIDENTIALITY AND PRIVACY TAMPERING WITH COMPUTER DOCUMENTS section 65 of IT Act 2000. Tampering with computer source documents. Tampering with computer source documents. – Explanation – For the purposes of this section, “computer source code” means the listing of programmes, compute commands, design and layout and programme analysis of computer resource in any form. Section 65 of the Act makes the tampering with computer stores documents, punishable up to 3 years or with a fine of Rs.2 lakhs or with both HACKING WITH COMPUTER SYSTEM Bail under section-66 of IT Act , Hacking with Computer System Amendment offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable. It is brought to notice that the offence under Sections 65 and66 of the Information Techn ology Act is bailable in view of Section 77B of the Information Technology Act. PUBLISHING OBSCENE MATERIAL ON INTERNET Sections 67 and 67A: No nudity, please The large amounts of ‘obscene’ material that circulate on the Internet have long attracted comment in India. Not surprisingly, then, in the same way as obscenity is prohibited offline in the country, so it is online as well. The most important tools to curtail it are sections 67 and 67A of the IT Act, prohibiting obscene and sexually explicit material respectively. Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees. BREACHING OF CONFIDENTIALITY AND PRIVACY any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. CYBER LAWS AMENDMENTS INDIAN PENAL CODE,1860 INDIAN EVIDENCE ACT,1872 BANKER’S BOOK EVIDENCE ACT,1891 GENERAL CLAUSES ACT,1897 CONCLUSION CYBER LAWS_ ESSENTIAL FEATURE IN TODAYS WORLD OF INTERNET ACHIEVING GLOBAL PEACE AND HARMONY BIBLIOGRAPHY LAWS RELATING TO COMPUTER,INTERNET AND ECOMMERCE. BY:NANDAN KAMATH LEGAL ASPECTS OF BUSINESS BY:AKHILESHWAR PATHAK COMPANY LAW BY:KC GARG,VIJAY GUPTA,POONAM GUPTA AND R.C CHAWLA www.google.com www.altavista.com THANK YOU QUERIES WELCOMED