Unit 4
• Information Technology Act,2000
Introduction
The Information Technology Act,
2000 provides legal recognition
to the transaction done via
electronic exchange of data and
other electronic means of
communication or electronic
commerce transactions.
This also involves the use of
alternatives to a paper-based
method of communication and
information storage to facilitate
the
electronic
filing
of
documents
with
the
Government agencies.
• 1. To grant legal recognitions for transactions carried out
by means of Electronic Data Interchange and other
means of communication, commonly referred to as ’Electronic Commerce’ in place of paper-based method
of communication.
Objectives of
the act
• 2. To give legal recognitions to Digital Signature, for
authentication of any information or matter that is
subjected to authentication under any law.
• 3. To facilitate Electronic Filing of documents with various
government departments.
• 4. To facilitate electronic storage of data.
• 5. To facilitate and give legal sanctions to Electronic Fund
Transfer between banks and financial institutions.
• 6. To give legal recognitions for maintaining books of
accounts in electronic form by the bankers.
• 7. To Amend the Indian Penal Code, the Indian Evidence
Act of 1872; the Banker’s Book Evidence Act of 1891,
and the Reserve Bank Of India Act of 1934.
SCOPE OF THE ACT
• Information Technology Act, 2000 extend to whole of India. It applies also to any
offence or contravention, thereunder committed outside India. However, the act
does not apply to the following categories of transactions:
• 1. A negotiable instrument other than cheque. It means, the IT Act is applicable to
Cheque.
• 2. A power of attorney.
• 3. A trust as defined in India Trusts Act.
• 4. A will.
• 5. Any contract for sale or conveyance of immovable properties.
• 6. Any such class of documents or transactions as may be notified by the Central
Government in the official Gazette.
DEFINITIONS
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Access—Section
Computer—Section
Computer System
Communication Device
Computer Network
Function—Section
Information—Section
Data—Section
Digital Signature
Electronic Signature
Asymmetric Crypto System
Secure System
Cyber Security
Cyber Café
Intermediary—Section
DIGITAL SIGNATURE
• Digital signature is like a handwritten signature. It should be difficult for the
sender to forge and difficult for the receiver to repudiate (reproduce).
Generation of Digital Signature uses a technology known as Key Pair
(Public Key and Private Key). Users who want to enter into electronic
agreement should have key pair. Public key is for distribution, whereas a
private key is for the user himself.
• For any legal valid electronic document there are two requirements. One is
integrity of document, that is, the document has not been changed and
authentication, i.e., document is signed.
• So, an electronic document to be a legally valid document is two aspects:
• 1. Hash Function is used for integrity of document
• 2. Digital signature used for authentication of documents
• Hash Function
• Electronic Signature
• Reliable Electronic Signature
• Secure Electronic Signature
DIGITAL SIGNATURE CERTIFICATION
• Procedure for Obtaining Digital Certificate
• Suspension of Digital Signature Certificates
• Revocation of Digital Signature Certificates
CYBER APPELLATE TRIBUNAL
• Appellate Tribunal
• Adjudicating Officer
• Powers of Cyber Appellate Tribunal
What Is Cyber Crime And Various Kinds Of Computer Related Offences
• What is a cyber crime?
• Cyber Crime is not defined officially in IT Act or in any other legislation. In fact, it cannot be too.
Offence or crime has been dealt with elaborately listing various acts and the punishments for each,
under the Indian Penal Code, 1860 and related legislations. Hence, the concept of cyber crime is just a
“combination of crime and computer”.
• Cybercrime in a narrow sense (computer crime): Any illegal behavior directed by means of electronic
operations that targets the security of computer systems and the data processed by them.
• Cybercrime in a broader sense (computer-related crime): Any illegal behavior committed by means
of, or in relation to, a computer system or network, including such crimes as illegal possession and
offering or distributing information by means of a computer system or network.
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Any contract for the sale or conveyance of immovable property or any interest in such property;
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Any such class of documents or transactions as may be notified by the Central Government
• KINDS
• Cyber offences are the unlawful acts which are carried in a very
sophisticated manner in which either the computer is the tool or target or
both. Cyber crime usually includes:
(a) Unauthorized access of the computers
(b) Data diddling
(c) Virus/worms attack
(d) Theft of computer system
(e) Hacking
(f) Denial of attacks
(g) Logic bombs
(h) Trojan attacks
(i) Internet time theft
(j) Web jacking
(k) Email bombing
(l) Salami attacks
(m) Physically damaging computer system.
PENALTIES AND ADJUDICATION
• An Adjudicating Officer has the power for holding an inquiry in relation to certain computer crimes and for awarding
compensation. Penalties can be imposed by adjudicating officer for damage of computer or computer network, for:
• 1. Copy or extract any data from database without permission.
• 2. Unauthorized access and downloading.
• 3. Introduction of virus.
• 4. Damage to computer system and computer network.
• 5. Disruption of computer, computer network.
• 6. Denial to authorized person to access computer.
• 7. Providing assistance to any person to facilitate unauthorized access to any computer.
• 8. Charging the service availed by a person to an account of another person by tampering and manipulation of other
computers, etc.
• Section 43 of this act provides for a penalty of compensation to the affected persons for damage to a computer system,
etc. as decided by a Adjudicating Officer.
OFFENCES
• 1. Tampering with computer source documents.
• 2. Damaging a computer or computer system.
• 3. Publishing of information which is obscene in electronic form.
• 4. Electronic forgery, that is, affixing of false digital signature, making false
electronic records.
• 5. Punishment for cyber terrorism.
• 6. Electronic forgery for the purpose of cheating.
• 7. Electronic forgery for the purpose of harming one’s reputation.
• 8. Using as genuine a forged electronic record.
• 9. Publication of digital signature certificate, for fraudulent purpose.
OFFENCES
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10. Offences by companies.
11. Breach of confidentiality and privacy.
12. Publishing false Digital Signature Certificate.
13. Misrepresentation or suppressing of material facts.
14. Destroys, deletes or alters any information residing in a computer
resource or diminishes its value or utility or affects it injuriously by
any means.
• 15. Steal, conceals, destroys or alters or causes any person to steal,
conceal, destroy or alter any computer source code used for a
computer resource with an intention to cause damage
Penalty for Offences