Unit 5 Cyber Law

7/30/2019 Unit 5 Cyber Law

1/21

Cyber Law

Unit V


2/21

Cyber Law

Law of Interest and the World Wide Web

Cyber law refers to all the legal and regulatory

aspects of Internet and the World Wide Web.

Anything related to or concerned with legal

issues concerning any activity of citizens and

others in Cyber Space comes within the ambit

of Cyber Law


3/21

Need for Cyber Law

Arrival of Internet signaled beginning of the

rise of new and complex legal issues

Existing laws could not include all different

activities in cyber space

No existing law gave legal validity to the

activities in cyber space

Internet requires an enabling and supportive

legal infra structure in tune with the times


4/21

Information Technology Act 2000

To provide legal recognition for transactions

carried out by means of electronic data

interchange and other means of electronic

communication, commonly referred to as

"electronic commerce", which involve the use

of alternatives to paper-based methods of

communication and storage of information, tofacilitate electronic filing of documents with

the Government agencies


5/21

Objectives

To provide Legal recognition of electronic

records.

To provide Legal recognition of digital

signatures. To facilitate use of electronic records and

Digital signatures in Government and its

agencies. To facilitate retention of electronic records

Publication of rule, regulation, etc., in

Electronic Gazette.


6/21

Definition

Access means gaining entry into, instructing

or communicating with the logical,

arithmetical, or memory function resources of

a computer, computer system or computer

network

Addressee means a person who is intended

by the originator to receive the electronicrecord but does not include any intermediary


7/21

Definition

Adjudicating officer means an adjudicating

officer

Affixing digital signature means adoption of

any methodology or procedure by a person for

the purpose of authenticating an electronic

record by means of digital signature

Appropriate Government means as respects

any matter the State Government or the

Central Government as the case may be


8/21

Definition

Asymmetric crypto system means a system

of a secure key pair consisting of a private key

for creating a digital signature and a public key

to verify the digital signature

Private key" means the key of a key pair used

to create a digital signature.

Public key" means the key of a key pair used

to verify a digital signature and listed in the

Digital Signature Certificate


9/21

Definition

Controller means the Controller of

Certifying Authorities appointed

Cyber Appellate Tribunal means the Cyber

Regulations Appellate Tribunal

Data means a representation of

information, knowledge, facts, concepts or

instructions which are being prepared,

processed or stored internally in the memory

of the computer


10/21

Definition

Digital signature means authentication of anyelectronic record by a subscriber by means of an

electronic method or procedure

Digital Signature Certificate means a DigitalSignature Certificate issued

Electronic form with reference to information

means any information generated, sent, receivedor stored in media, magnetic, optical, computer

memory, micro film, computer generated micro

fiche or similar device


11/21

Definition

Certifying Authority means a person who

has been granted a licence to issue a Digital

Signature Certificate

Computer network means the

interconnection of one or more computers


12/21

Digital Signature

Electronic record may be authenticated by means of

affixing digital signature

Digital signature is created in two distinct steps

First electronic record is converted into a message

digest by using mathematical function (hash

function)

Secondly identity of the person affixing digital

signature is authenticated through the use of aprivate key which attaches itself to the message

It can be verified by anybody who has the public key

corresponding to such private key


13/21

Electronic Governance

Electronic Governance (E-Governance) is broadly

defined as an application of Information

technology to the functioning of the Government.

E-Governance involves access to government

information and services

E-Governance relies heavily on the effective use of

Internet and other emerging technologies to receive

and deliver information and services easily, quickly,

efficiently and inexpensively


14/21

Electronic Governance

This helps speed up Government processes

and procedures resulting in streamlined

Government - Industry interface across all

Government departments


15/21

Electronic Records

This Act gives legal recognition for electronic

records and digital signatures

If law provides that information or any other

matter shall be in writing or in a typewritten

or printed form, then render or make available

in electronic form and accessible so as to be

usable for a subsequent reference


16/21

Use of Electronic Records in

Government and its Agencies

Where any law provides for-

The filing of any form, application or any other

document with any office, authority, body or agency

owned or controlled by the appropriate Governmentin a particular manner.

The issue or grant of any license, permit, sanction or

approval by whatever name called in a particular

manner.

The receipt or payment of money in a particular

manner.


17/21

Certifying Authorities

The Central Government may, by notification

appoint a Controller and other officers to

regulate certifying Authorities

Duties of Certifying Authorities

Follow certain procedures in respect of Digital

Signature

Ensure that every person employed by himcomplies with provisions of this Act

Display its license at a noticeable place


18/21

Controller

Powers

Regulate the functions of Certifying Authorities

Perform activities as specified in the Act

Grant recognition to foreign Certifying Authoritieswith previous approval of Central Government

Grant or rejection of License to Certifying

Authorities to issue Digital Signature Certificates Repository of all Digital Signature Certificates

Renew Licenses

Investigate whether the provisions of the Act is

followed


19/21

Penalties and Adjudication

Act provides for appointment ofAdjudicating

Officerfor holding inquiry in relation to

computer crimes and award compensation

Penalty for damage to computer, computer system

or network

Penalty for failure to Furnish information, return, etc

Residuary Penalty (contravention of any rules orregulations made under this Act)

Quantum of Penalty to match with nature of

default


20/21

Offences Tampering with computer source documents

Hacking with computer system

Publishing of information which is obscene in

electronic form

Penalty for Misrepresentation

Penalty for Publishing False Digital Certificate

Penalty for Fraudulent Publication Act applies for offences committed outside India

if it involves a computer, computer system or

computer network in India


21/21

Information Technology Act

Power vests with the Central Government and withthe State Government in certain cases to make

Rules

Cyber Regulations and Advisory Committee Constituted by Central Govt.

Consist of chairperson and members (official and non-

official with special knowledge of the subject matter)

Advices Central Government on any rules or any purpose

connected with the Act

Advices Controller in framing regulations under this Act

Documents

Unit 5 Cyber Law