Law Project PPT Group 1

8/3/2019 Law Project PPT Group 1

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Group 1

INFORMATION ANDTECHNOLOGY ACT, 2000


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Overview1. IT Influence & Uses in Modern Era2. NASSCOM

3. IT Act 2000

4. Key Term Definitions

5. Amendments in the IT Act, 2008

6. E-Commerce, E-Governance, Cybercrime

7. Impact of IT Act

8. Comparative Analyses9. Debate

10. Case Studies

11. Suggestions and Recommendations


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ITInfluence & Uses in Modern Era

What exactly is information technology?

IT has played an important role in transmitting the

required information at a very high speed.

The Home PC revolution and advent of internet


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Areas PreIT period Post ITperiodData Transmission Data is transmitted physically. Data is transferred

electronically.Paper work Huge Amount of paperwork. Reduction in paperwork.Time taken Lot of time was consumed for

getting the work done.Time consumed is almost very

less.Physical Labor There was a lot of involvement of

physical labor.There is a considerable

reduction in physical labor.Connectivity People were not able to connect

with the people at other end of the

world.

People are able to connect with

others even at the other end of

the world.Sharing of

InformationIt was not easy to share

information with people who were

at far off places.

It is very easy to share

information with people who are

at far off places.


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Widespread Uses of Internet

Purchase of book through amazon.com

Trading shares online through Sharekhan


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NASSCOM

Aims and Objectives

1. Partner with Government of India and StateGovernments in formulating IT policies and legislation.Partner with global stakeholders for promoting theindustry in global markets.

2. Strive for a thought leadership position and deliver

world-class research and strategic inputs for theindustry and its stakeholders.

3. Encourage members to uphold world class qualitystandards.

4. Strive to uphold Intellectual Property Rights of itsmembers.

5. Strengthen the brand equity of India as a premierglobal sourcing destination.

6. Expand the quantity and quality of the talent pool in

India.


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NASSCOMs Role in Indian IT Sector


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NASSCOM proposes new Identification

Method


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Information Technology Act, 2000 Structure of the Act

Main Chapters

CHAPTER I : PRELIMINARY

CHAPTER III : ELECTRONIC GOVERNANCE

CHAPTER VI : REGULATIONS OF CERTIFYINGAUTHORITIES

CHAPTER VII : DIGITAL SIGNATURE CERTIFICATES

CHAPTER VIII : DUTIES OF SUBSCRIBERS

CHAPTER IX : PENALTIES AND ADJUCATION

CHAPTER X : THE CYBER REGULATIONS APPELLATETRIBUNAL

CHAPTER XI : OFFENCES

CHAPTER XII : PROVISIONS FOR NETWORK SERVICEPROVIDERS

CHAPTER XIII : MISCELLANEOUS

Amendment Schedules

AMMENDMENT OF THE IPC 1860 AMMENDMENTS TO THE INDIAN EVIDENCE ACT 1872


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Objectives of the Act

1. To facilitate and give legal sanctions to electronicfund transfers between banks and financialinstitutions.

2. Electronic signature which requires authentication ofany information or matter which requires any

authentication under any law must be given legalrecognition.3. Facilitating electronic data storage4. Electronic document filings by Government

Departments must be facilitated

5. To give legal recognition for keeping books ofaccount by bankers in electronic forms.

6. It aims to provide a legal framework so that the legalsanctity is accorded to all electronic records andother activities carried out by electronic means.First case to be prosecuted under IT Act


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Key Terms under the IT Act, 2000

1. Computer

2. Network

3. Computer System4. Asymmetric Crypto System

5. Cyber Security

6. Electronic Signature

7. Intermediary


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Key Areas of IT Act, 2000

The highlights of Information Technology Act,2000 are:-

1. Legal recognition of electronic signatures andelectronic documents.

2. Various types of cybercrimes defined and justicedispensation systems for cybercrimes.

3. Empowerment of Police Officers and other

Officers to investigate any public place andarrest without warrant.

4. Amendments in Indian Penal Code, IndianEvidence Act, Banker's Books Evidence Act and

Reserve Bank of India Act.


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Amendments to IT Act, 2008

1. Liability of body corporate towards SensitivePersonal Data

2. Introduction of virus, manipulating accounts,denial of services etc made punishable

3. Phishing and Spam

4. Stolen Computer resource or communication

device5. Misuse of Electronic signature

6. Cheating

7. Cyber terrorism


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E-Commerce

Universal Internet access

E-Commerce in India in2000

Rs. 1,200 Crore E-Commerce in India in

2010

Rs. 31,598 Crore

Source: Ministry of Communication and IT


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Cyber Crime

Cybercrime can be categorized in two ways:

1. Crimes with computer as a target

2. Crimes utilizing computer as a weapon

The subject of Cyber Crime may be broadlyclassified under the following three groups

1. Offences against individuals2. Offences against organizations

3. Offences against society at large


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Major Provisions and Penalties under IT

Act, 2000

Sec 43: Damage to Computer Systems etc Compensation of Rupees One CroreSec 66: Hacking (With intent or knowledge) Fine of two Lakh Rupees, and Imprisonment for 3

yearsSec 68: Publication of Obscene material in e-

formFine of 1 lakh Rupees, and imprisonment of 5

years, and double conviction of second offenceSec 70: Attempting or Securing access to

computerImprisonment upto 10 years

Sec 72: For Breaking Confidentiality of the

information of computerFine upto 1 lakh, and imprisonment upto 2 years

Sec 73: Publishing false electronic signature,

false in certain particularsFine of 1 lakh, or imprisonment of 2 years or both

Sec 74: Publication of electronic signature

for fraudulent purposeImprisonment for the term of 2 years and fine for 1

lakh Rupees


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Visible Impact of IT Act


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Cyber Crimes Statistics in India

1. Cyber Crimes (IT Act + IPC Sections) increasedby 22.7% in 2007 as compared to 2006 (from453 in 2006 to 556 in 2007)

2. Cyber Forgery 64.0% (217 out of total 339) andCyber Fraud 21.5% (73 out of 339) were themain cases under IPC category for CyberCrimes.

3. 63.05% of the offenders under IT Act were inthe age group 18-30 years (97 out of 154) and55.2% of the offenders under IPC Sectionswere in the age group 30-45

years (237 out of 429).


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IT in Banking Sector

1. Increased operational efficiency, profitability &

productivity2. Superior customer service

3. Multi-channel, real-time transaction processing

4. Efficient NPA(Non-Performing Asset) and riskmanagement

5. Minimal transaction costs


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Comparative Analysis: India & Singapore

INDIA SINGAPOREInformation Technology Act, 2000Rules for Information Technology Act,

2000

Computer Misuse Act, 1998Defamation Act, 1957 (Amended in

1985)Electronic Transaction Act, 1998Information Communications

development Authority of Singapore

Act, 1999

Spam Control Act, 2007


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Statistical Comparison

Singapore India


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Top 3 computer crimes in both countries,

2008

COUNTRY 1ST CRIMECATEGORY

2nd CRIME

CATEGORY3RD CRIME CATEGORY

INDIA Phishing(Fraud) Virus/Malicious

Code(Hacking)

Website Compromise &

Malware

Propagation(Hacking)SINGAPORE Hacking Fraud Intellectual Property Theft


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Case Studies

1. UTI Bank Hooked Up In A Phishing Attack:January 15th 2007

2. Avnish Bajaj vs. State (N.C.T.) of Delhi, 2005


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DEBATE

Suggestions and Recommendations

1. Maintaining Government documents inElectronic form

2. Stricter Anti-Spam Law3. Regulatory control against Cyber Terrorism

4. Greater role of RBI


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Bibliography

1. Law of Cyber Crimes and Information TechnologyAct S V Joga Rao

2. Business Law for Management K R Bulchandani

3. Anamika Saxena (LLM) for primary data

4. http://www.ibef.org/industry/informationtechnology.aspx

5. http://indiafacts.in/statistics/cyber-crimes-statistics-in-india/

6. http://www.kpmg.com.sg/publications/forensics_FraudSurvey2008.pdf

7. http://www.cyberlawconsulting.com/cyber-cases.html

8. http://online.wsj.com/article/SB10001424052748704


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THANK YOUGroup Members:

ANANTH H. IYERALMALIK RAJPARI

AMRISH DOLAS

ABHYUDAI YADAV

BENCY FERNANDES

DHARMENDRA SIPANI

KAUSTUBH LELE

NITIN UPADHYAY

Documents

Law Project PPT Group 1