6
BOOKS- 1). Cyber law by justice Yatindra singh (universal pub.) 2). cyber law, strategy & policy by Waxman 3). Cyber law; cases & material on the international digital intellectual property and electronic commerce by Brian Fitzerlad & Anne Fitzerlad 4). Cybercrime: Criminal Threats from Cyberspace (Crime, Media, and Popular Culture) by Susan W. Brenner 5). Cyber Law Cyber Crime Internet and E-Commerce by Prof. Vimlendu Tayal 6).Indian Legislation on Cyber Crime by S. R. Sharma 7).Cyber Crimes and Legal Measures - 2013 by Manish Kumar Chaubey 8).Law and Emerging Technology Cyber Laws - 2011 9).A Treatise On Information Technology (Cyber Laws & E-Commerce) With Special Emphasis On The State Of Jammu And... by I.T.) & Arif Sikander Mir, Advocate Er. Suniya Gupta (B.E. (2011) 10).International Encyclopaedia of Laws: Cyber Law (In 3 Vols.) - by Prof. J. Dumortier 11).Trade Marks & the Emerging Concepts of Cyber Property Rights - 2002 by LLM, Advocate, High Court of Kerala V.K. Unni 12).Dimensions Of Cyber Crime - by S.R. Sharma (1900) 13). Computers, Internet and New Technology Laws (A comprehensive reference work with special focus on developments in India) Author(s): Karnika Seth 14).Tallinn Manual on the International Law Applicable to Cyber Warfare by Professor Michael N. Schmitt 15).Cyber Forensics: A Field Manual for Collecting, Examining, and Preserving Evidence of Computer Crimes, Second... by Albert Marcella Jr. and Doug Menendez (Dec 19, 2007) 16). Teen Cyberbullying Investigated: Where Do Your Rights End and Consequences Begin? by Thomas A. Jacobs J.D. (Jan 15, 2010) 17). Computer Forensics and Cyber Crime: An Introduction (2nd Edition) by Marjie T. Britz (Oct 17, 2008)

Cyber Law in India

Embed Size (px)

DESCRIPTION

Index of statutes that deals with cyber issues in india

Citation preview

BOOKS-1). Cyber law by justice Yatindra singh (universal pub.)

2). cyber law, strategy & policy by Waxman

3). Cyber law; cases & material on the international digitalintellectual property and electronic commerce by Brian Fitzerlad &Anne Fitzerlad

4). Cybercrime: Criminal Threats from Cyberspace (Crime, Media, andPopular Culture) by Susan W. Brenner

5). Cyber Law Cyber Crime Internet and E-Commerce by Prof. Vimlendu Tayal

6).Indian Legislation on Cyber Crime by S. R. Sharma

7).Cyber Crimes and Legal Measures - 2013 by Manish Kumar Chaubey

8).Law and Emerging Technology Cyber Laws - 2011

9).A Treatise On Information Technology (Cyber Laws & E-Commerce) WithSpecial Emphasis On The State Of Jammu And... by I.T.) & Arif SikanderMir, Advocate Er. Suniya Gupta (B.E. (2011)

10).International Encyclopaedia of Laws: Cyber Law (In 3 Vols.) - byProf. J. Dumortier

11).Trade Marks & the Emerging Concepts of Cyber Property Rights -2002 by LLM, Advocate, High Court of Kerala V.K. Unni

12).Dimensions Of Cyber Crime - by S.R. Sharma (1900)

13). Computers, Internet and New Technology Laws (A comprehensivereference work with special focus on developments in India)Author(s): Karnika Seth

14).Tallinn Manual on the International Law Applicable to CyberWarfare by Professor Michael N. Schmitt

15).Cyber Forensics: A Field Manual for Collecting, Examining, andPreserving Evidence of Computer Crimes, Second... by Albert MarcellaJr. and Doug Menendez (Dec 19, 2007)

16).Teen Cyberbullying Investigated: Where Do Your Rights End andConsequences Begin? by Thomas A. Jacobs J.D. (Jan 15, 2010)

17).Computer Forensics and Cyber Crime: An Introduction (2nd Edition) byMarjie T. Britz (Oct 17, 2008)

18).Inside Cyber Warfare: Mapping the Cyber Underworld by Jeffrey Carr

19).Transnational Criminal Organizations, Cybercrime, and MoneyLaundering: A Handbook for Law Enforcement Officers... by James R.Richards (Oct 20, 1998)

20).Cyber Crime Fighters: Tales from the Trenches by Felicia Donovan andKristyn Bernier

21).Cyber Rights: Defending Free speech in the Digital Age by Mike Godwin

22).Cybercrime: Criminal Threats from Cyberspace (Crime, Media, andPopular Culture) by Susan W. Brenner

23).Cyberlaw: The Law of the Internet and Information Technology by Brian Craig

24).Cybercrime: Digital Cops in a Networked Environment (Ex Machina: Law,Technology, and Society) by J. M. Balkin, Katz Eddan, JamesGrimmelmann and Nimrod Kozlovski (Mar 1, 2007)

25).Stealing the Network: How to Own an Identity by Ryan Russell, RileyEller, Jay Beale and Chris Hurley (May 1, 2005)

26).Cyber Crime and the Victimization of Women: Laws, Rights andRegulations by Debarati Halder and K. Jaishankar (Jul 31, 2011

27).Cyber Criminology: Exploring Internet Crimes and Criminal Behaviorby K. Jaishankar (Feb 22, 2011)

28).Cyber Crime by Catherine D. Marcum (Oct 18, 2013)

29).Cyber Crime (Opposing Viewpoints) by Louise Gerdes (Nov 7, 2008)

30).Cyber Bullying: A Reference Handbook (Contemporary World Issues) bySamuel C. McQuade III and James P. Colt (Jun 30, 2014)

31).Cyber Rights: Defending Free speech in the Digital Age by Mike Godwin(Jun 20, 2003)

32).Information Security and Cyber Laws by Saurabh Sharma (Nov 1, 2010)

33).Laws On Cyber Crimes: Alongwith IT Act and Relevant Rules by P.K. Singh (2007)

34).Understanding of Cyber Law by Mr. shahid jamal Tubrazy (Jul 23, 2013

Development of Cyber Law in IndiaThe chronological development of Indian cyber laws isdiscussed below:2000:The primary source of cyber law in India is the Information Technology Act, 2000 (hereinafter referred to Information Technology Act) which came into force on 17th October 2000. The primary purpose of the Information Technology Act is toprovide legal recognition to electronic commerce and tofacilitate filing of electronic records with the Government. TheInformation Technology Act also penalizes various cyber crimesand provides strict punishments (imprisonment terms upto 10years and compensation up to crores of rupees).The Indian Penal Code (as amended by the InformationTechnology Act) penalizes several cyber crimes. These includeforgery of electronic records, cyber frauds, destroyingelectronic evidence etc.Digital Evidence is to be collected and proven in court as perthe provisions of the Indian Evidence Act (as amended by theInformation Technology Act).In case of bank records, the provisions of the Bankers BookEvidence Act (as amended by the Information Technology Act)are relevant.Investigation and adjudication of cyber crimes is done inaccordance with the provisions of the Code of CriminalProcedure, Civil Procedure Code and the InformationTechnology Act.The Reserve Bank of India Act was also amended by theInformation Technology Act.On 17th October 2000, the Information Technology (CertifyingAuthorities) Rules, 2000 also came into force. These rulesprescribe the eligibility, appointment and working of CertifyingAuthorities. These rules also lay down the technical standards,procedures and security methods to be used by a CertifyingAuthority.The Cyber Regulations Appellate Tribunal (Procedure) Rules,2000 also came into force on 17th October 2000. These rulesprescribe the appointment and working of the CyberRegulations Appellate Tribunal whose primary role is to hearappeals against orders of the Adjudicating Officers.2001:Information Technology (Certifying Authority) Regulations,2001 came into force on 9th July 2001. They provide furthertechnical standards and procedures to be used by a CertifyingAuthority. Two important guidelines relating to CertifyingAuthorities were issued. The first are the Guidelines forsubmission of application for license to operate as a CertifyingAuthority under the Information Technology Act. Theseguidelines were issued on 9th July 2001.2002:An Executive Order dated 12th September 2002 containedinstructions relating provisions of the Act with regard toprotected systems and application for the issue of a DigitalSignature Certificate. Next were the Guidelines for submissionof certificates and certification revocation lists to the Controller ofCertifying Authorities for publishing in National Repository ofDigital Certificates. These were issued on 16th December 2002.Minor errors in the Act were rectified by the InformationTechnology (Removal of Difficulties) Order, 2002 which waspassed on 19th September 2002.Cyber Law in India OverviewThe Information Technology Act was amended by theNegotiable Instruments (Amendments and MiscellaneousProvisions) Act, 2002. This introduced the concept ofelectronic cheques and truncated cheques.2003:On 17th March 2003, the Information Technology(Qualification and Experience of Adjudicating Officers andManner of Holding Enquiry) Rules, 2003 were passed.These rules prescribe the qualifications required forAdjudicating Officers. Their chief responsibility under the IT Actis to adjudicate cases such as unauthorized access,unauthorized copying of data, spread of viruses, denial ofservice attacks, disruption of computers, computermanipulation etc. These rules also prescribe the manner andmode of inquiry and adjudication by these officers.The appointment of adjudicating officers to decide the fate ofmulti-crore cyber crime cases in India was the result of thePublic Interest Litigation (PIL) filed by students of AsianSchool of Cyber Laws (ASCL). The Government had notappointed Adjudicating Officers or the Cyber RegulationsAppellate Tribunal for almost 2 years after the passage of the ITAct. This prompted ASCL students to file a Public InterestLitigation (PIL) in the Bombay High Court asking for a speedyappointment of Adjudicating officers.The Bombay High Court, in its order dated 9th October 2002,directed the Central Government to announce theappointment of adjudicating officers in the public media tomake people aware of the appointments. The division benchof the Mumbai High Court consisting of Honble Justice A.P.Shah and Honble Justice Ranjana Desai also ordered that theCyber Regulations Appellate Tribunal be constituted within areasonable time frame.Following this, the Central Government passed an order dated23rd March 2003 appointing the Secretary of Department ofInformation Technology of each of the States or of UnionTerritories of India as the adjudicating officers.The Cyber Regulations Appellate Tribunal (Salary,Allowances and other terms and conditions of service ofPresiding Officer) Rules, 2003 prescribe the salary, allowancesand other terms for the Presiding Officer of the CyberRegulations Appellate Tribunal.Information Technology (Other powers of Civil Court vestedin Cyber Appellate Tribunal) Rules 2003 provided someadditional powers to the Cyber Regulations Appellate Tribunal.Also relevant are the Information Technology (OtherStandards) Rules, 2003. An important order relating toblocking of websites was passed on 27th February, 2003.Under this, Computer Emergency Response Team (CERT-IND)can instruct Department of Telecommunications (DOT) toblock a website.The Information Technology (Certifying Authorities) Rules,2000 were amended.2004:Information Technology (Use of Electronic Records andDigital Signatures) Rules, 2004 have provided the necessarylegal framework for filing of documents with the Governmentas well as issue of licenses by the Government. It also providesfor payment and receipt of fees in relation to Governmentbodies.The Information Technology (Security Procedure) Rules, 2004came into force on 29th October 2004. They prescribeprovisions relating to secure digital signatures and secureelectronic records. The Information Technology (CertifyingAuthorities) Rules, 2000 were amended.2006:The Information Technology (Certifying Authorities) Rules,2000 were amended.2009:The Information Technology (Amendment) Act, 2008, whichcame into force on 27th October, 2009 has made sweepingchanges to the Information Technology Act. The InformationTechnology (Certifying Authorities) Rules, 2000 were amended.The following rules have also come into force on 27th October,2009:(1) Information Technology (Procedure and Safeguards forInterception, Monitoring and Decryption of Information) Rules,2009.(2) Information Technology (Procedure and Safeguard forMonitoring and Collecting Traffic Data or Information) Rules,2009.(3) Information Technology (Procedure and Safeguards forBlocking for Access of Information by Public) Rules, 2009.(4) The Cyber Appellate Tribunal (Salary, Allowances and OtherTerms and Conditions of Service of Chairperson and Members)Rules, 2009(5) Cyber Appellate Tribunal (Procedure for Investigation ofMisbehaviour or Incapacity of Chairperson and Members) Rules,2009.2011:The following rules came into effect in 2011:(1) The Information Technology (Electronic Service Delivery)Rules, 2011(2) The Information Technology (Intermediaries guidelines) Rules,2011(3) The Information Technology (Reasonable securitypractices and procedures and sensitive personal data orinformation) Rules, 2011, which detail the data privacy law forIndia.