2. CYBER LAW
CYBER LAW IS THE LAW GOVERNING CYBER SPACE.
CYBER SPACE IS VERY WIDE TERM AND INCLUDES COMPUTERS,
NETWORKS, SOFTWARE, DATA STORAGE DEVICES (SUCH AS
HARD DISKS, USB DISKS ETC.), THE INTERNET, WEBSITES, EMAIL
AND EVEN ELECTRONIC DEVICES SUCH AS CELL PHONE, ATM
MACHINES ETC.
3.
4. CYBER LAW OF INDIA IS DEFINED UNDER IT
ACT 2000.
SIMPLY SPEAKING CYBER LAW IS GENERIC
TERM WHICH REFERS TO ALL LEGAL AND
REGULATORY ASPECTS OF INTERNET AND
WORLD WIDE WEB.
THE GROWTH OF ELECTRONIC COMMERCE
HAS PROPELLED THE NEED FOR VIBRANT
AND EFFECTIVE REGULATORY MECHANISMS
WHICH WOULD STRENGTHEN THE LEGAL
INFRASTRUCTURE AND WOULD BE CRUCIAL
FOR THE SUCCESS OF ELECTRONIC
COMMERCE.
5. CYBER LAW OF INDIA
ENCOMPASSES LAWS RELATING
TO:-
CYBER CRIME
ELECTRONIC AND DIGITAL SIGNATURE
INTELLECTUAL PROPERTY
DATA PROTECTION AND PRIVACY
6. CYBER CRIME
CYBER CRIME IS THE LATEST AND
PERHAPS THE MOST COMPLICATED
PROBLEM IN THE CYBER WORLD.
CYBER CRIMES ARE UNLAWFUL ACTS
WHERE COMPUTERS ARE USED EITHER
AS A TOOL, OR A TARGET, OR BOTH.
THE ENORMOUS GROWTH IN
ELECTRONIC COMMERCE AND ONLINE
SHARE TRADING HAS LED TO A
PHENOMENAL SPURT IN INCIDENTS OF
7.
8. CYBER CRIME IS ANY ILLEGAL ACT COMMITTED
USING A COMPUTER NETWORK (ESPECIALLY THE
INTERNET).
CRIMINAL ACTIVITIES THAT TAKE PLACE IN
CYBER SPACE (THE INTERNET).
COMPUTER USED TO COMMIT A CRIME :-
PORNOGRAPHY, THREATENING EMAIL, ASSUMING
SOMEONE'S IDENTIFY, SEXUAL HARASSMENT,
DEFAMATION, SPAM, PHISHING.
9. CYBER CRIME CAN BE BASICALLY
DIVIDED INTO THREE MAJOR
CATEGORIES:-
CYBER CRIME AGAINST PERSON
CYBER CRIME AGAINST PROPERTY
CYBERCRIME AGAINST GOVERNMENT
10. CYBER CRIME AGAINST PERSON
CYBER CRIME AGAINST PERSON INCLUDES VARIOUS CRIME LIKE
TRANSMISSION OF CHILD, PORNOGRAPHY, HARASSMENT OF ANY
ONE WITH THE USE OF COMPUTER SUCH AS E-MAIL.
THE TRAFFICKING, DISTRIBUTION, POSTING AND DISSEMINATION
OF OBSENCE MATERIAL INCLUDING PORNOGRAPHY AND
INCIDENTS EXPOSURES, IS ONE OF THE MOST IMPORTANT CYBER
CRIMES KNOWN TODAY IN GENRE.
11. CYBER CRIME AGAINST PROPERTY
THESE CRIMES INCLUDE:
COMPUTER VANDALISM (DESTRUCTION OF OTHER'S PROPERTY
TRANSMISSION OF HARMFUL PROGRAMMES
SIPHONING OF FUNDS FROM FINANCIAL INSTITUTION
STEALING SECRET INFORMATION AND DATA
12. CYBER CRIME AGAINST
GOVERNMENT
CYBER TERRORISM IS ONE DISTINCT KIND
OF CRIME IN THIS CATEGORY.
THE MEDIUM OF CYBER SPACE IS USED BY
INDIVIDUALS OR GROUPS TO THREATEN THE
INTERNATIONAL GOVERNMENTS AS ALSO TO
TERRORIZE THE CITIZENS OF A COUNTRY.
THIS CRIME MANIFESTS ITSELF INTO
TERRORISM WHEN AN INDIVIDUAL "CRACKS"
INTO A GOVERNMENT OR MILITARY
MAINTAINED WEBSITE.
13. ELECTRONIC AND DIGITAL SIGNATURE
ELECTRONIC SIGNATURE ARE USED TO
AUTHENTICATE ELECTRONIC RECORDS.
DIGITAL SIGNATURE ARE ONE TYPE OF
ELECTRONIC SIGNATURE.
DIGITAL SIGNATURE SATISFY THREE
MAJOR LEGAL REQUIREMENTS:-
• SIGNER AUNTHENTICATION
• MESSAGE AUTHENTICATION
• MESSAGE INTEGRITY
14. INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY REFERS
TO CREATION OF THE HUMAN MIND
E.G. A STORY, A SONG, A PAINTING, A
DESIGN ETC.
THE FACETS OF INTELLECTUAL
PROPERTY THAT RELATE TO CYBER
SPACE ARE COVERED BY CYBER LAW.
15. I.T. ACT 2000
INFORMATION TECHNOLOGY ACT
CONSISTED OF 94 SECTION SEGREGATED
INTO 13 CHAPTERS.
FOUR SCHEDULE FORM PART OF THE
ACT.
CAME INTO EXISTENCE ON OCTOBER 17,
2000.
INDIA IS THE 12TH NATION IN THE WORLD
TO ENACT THE CYBER LAW.
16.
17. THE PRIMARY SOURCE OF CYBER LAW IN INDIA
IS THE INFORMATION TECHNOLOGY ACT 2000.
THE MAIN 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 2000 ATTEMPTS TO CHANGE
OUTDATED LAWS AND PROVIDES WAYS TO DEAL
WITH CYBER CRIME. SUCH AN ACT IS REQUIRED
AS PEOPLE CAN PERFORM PURCHASE
TRANSACTION OVER THE NET THROUGH CREDIT
CARDS WITHOUT FEAR OF GETTING MISUSED.
18. IT AMENDMENT ACT 2008
INFORMATION TECHNOLOGY ACT 2008, AS A NEW
VERSION OF INFORMATION TECHNOLOGY ACT 2000
IS OFTEN REFERRED, HAS PROVIDED THE
ADDITIONAL FOCUS ON INFORMATION SECURITY. IT
HAS ADDED SEVERAL NEW SECTIONS ON OFFENSE
INCLUDING CYBER TERRORISM AND DATA
PROTECTION.
THE IT ACT 2008 HAS BEEN PASSED BY THE
PARLIAMENT ON 23RD DECEMBER 2008 AND CAME
INTO FORCE FROM OCTOBER 27, 2009 ONWARDS.
19. NEED & IMPORTANCE OF CYBER LAW
TACKLING CYBER CRIME
SUCCESSFUL AND SMOOTH FUNCTIONING OF E-
COMMERCE AND VIRTUAL COMMUNICATION
NO JURISDICTIONAL BOUNDARIES
INCREASING USE OF MOBILE BANKING AND
INTERNET BANKING
CLOUD COMPUTING IS PROVING TO BE A MAJOR
THREAT
ECONOMIC EFFECIENCY