cyberlaw-anoverview-100318220400-phpapp02 (1)
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8/8/2019 cyberlaw-anoverview-100318220400-phpapp02 (1)
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CYBERLAW - AN OVERVIEW
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CYBERLAW - AN OVERVIEW
"The modern thief can steal more with a
computer than with a gun. Tomorrow's
terrorist may be able to do more damagewith a keyboard than with a bomb".
National Research Council, U S A"Computers at Risk.1991
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CYBERLAW - AN OVERVIEW
Cyber Law is the law governing cyber
space.
Cyberspace is a very wide term andincludes computers, networks, software,
data storage devices (such as hard disks,
USB disks etc), the Internet, websites,emails and even electronic devices such
as cell phones, ATM machines etc.
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CYBERLAW - AN OVERVIEW
Cyber law encompasses laws relating
to:
1. Cyber Crimes
2. Electronic and Digital Signatures
3. Intellectual Property4. Data Protection and Privacy
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CYBERLAW - AN OVERVIEW
Cyber crime is the latest and perhaps themost complicated problem in the cyberworld.
Cyber crime may be said to be thosespecies, of which, genus is theconventional crime, and where either thecomputer is an object or subject of the
conduct constituting crime. Cyber crimes are unlawful acts wherecomputer is used either as a tool; or atarget; or both.
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CYBERLAW - AN OVERVIEW
Cybercrimes can be basically divided into
three major categories:
1. Cybercrimes against persons.
2. Cybercrimes against property.
3. Cybercrimes against government.
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CYBERLAW - AN OVERVIEW
Cybercrimes committed against persons
include various crimes like transmission of
child-pornography, harassment of any onewith the use of a computer such as e-mail.
The trafficking, distribution, posting, and
dissemination of obscene material includingpornography and indecent exposure, is one
of the most important Cybercrimes known
today.
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CYBERLAW - AN OVERVIEW
The second category of Cyber-crimes is
Cybercrimes against all forms of property.
These crimes include: Computer vandalism (destruction of others'
property);
Transmission of harmful programmes; Siphoning of funds from financial institutions;
Stealing secret information & data.
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CYBERLAW - AN OVERVIEW
The third category of Cyber-crimes relate toCybercrimes against Government.
Cyberterrorismis one distinct kind of crime in
this category. The medium of Cyberspace is used by
individuals and groups to threaten theinternational governments as also to terrorise
the citizens of a country. This crime manifests itself into terrorism when
an individual "cracks" into a government ormilitary maintained website.
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CYBERLAW - AN OVERVIEW
Electronic Signatures are used toauthenticate electronic records.
Digital Signatures are one type of electronic
signatures. Digital Signatures satisfy threemajor legal requirements:
Signer authentication;
Message authentication; and
Message integrity.
The technology and efficiency of digitalsignatures makes them more trustworthy than
hand written signatures.
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CYBERLAW - AN OVERVIEW
Intellectual property refers to creations
of the human mind e.g. a story, a song, a
painting, a design etc.
The facets ofintellectual property that
relate to cyber space are covered byCyberlaw.
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CYBERLAW - AN OVERVIEW
These include:
Copyright law: relating to computer software,source code, websites, cell phone content etc.
Software and source code licences. Trademark law with relation to domain names,
meta tags, mirroring, framing, linking etc.
Semiconductorlaw which relates to theprotection of semiconductor integrated circuitsdesign and layouts.
Patent law in relation to computer hardware
and software.
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CYBERLAW - AN OVERVIEW
Data Protection and Privacy Laws aim to
achieve a fair balance between the privacy
rights of the individual and the interests of data
controllers such as banks, hospitals, email
service providers etc.
These laws seek to address the challenges to
privacycaused by collecting, storing andtransmitting data using new technologies.
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CYBERLAW - AN OVERVIEW
Need forCyberLaw:
Cyberspace is an intangible dimension that is
impossible to govern and regulate using
conventional law.
Cyberspace has complete disrespect for
jurisdictional boundaries.
Cyberspace handles gigantic traffic volumesevery second.
Cyberspace is open to participation by all.
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CYBERLAW - AN OVERVIEW
Cyberspace offers enormous potential for
anonymity to its members.
Cyberspace offers never-seen-beforeeconomicefficiency.
Electronic information has become the main
object ofcybercrime.
Here the original information, so to say,
remains in the possession of the owner
and yet information gets stolen.
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CYBERLAW - AN OVERVIEW
The primary source of cyber law in India is the
Information Technology Act , 2000 (IT Act)
which came into force on 17 October 2000.
The primary purpose of the Act is to providelegal recognition to electronic commerce and to
facilitate filing of electronic records with the
Government. Information Technology Act 2000 consisted of
94 sections segregated into 13 chapters.
Four schedules form part of the Act.
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CYBERLAW - AN OVERVIEW
The Information Technology
Amendment Act, 2008 (IT Act 2008)
has been passed by the parliamenton 23rd December 2008.
It received the assent of President of
India on 5th February, 2009. The IT Act 2008 has been notified on
October 27, 2009.
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CYBERLAW - AN OVERVIEW
ITA 2008, as the new version of
Information Technology Act 2000 is
often referred, has provided additionalfocus on Information Security.
It has added several new sections on
offences including Cyber Terrorismand Data Protection.
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CYBERLAW - AN OVERVIEW
In the 2008 version of the Act, there are
124 sections (excluding 5 sections that
have been omitted from the earlierversion) and 14 chapters.
Schedule I and II have been replaced.
Schedules III and IV are deleted.
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CYBERLAW - AN OVERVIEW
Salient features of the Amendment Act:
The term digital signature has been
replaced with electronic signature to makethe Act more technology neutral.
A new section 10A has been inserted to the
effect that contracts concluded electronicallyshall not be deemed to be unenforceable
solely on the ground that electronic form or
means was used.
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CYBERLAW - AN OVERVIEW
A new section 43A has been inserted to
protect sensitive personal data or information
dealt, possessed, or handled by a body
corporate.
New sections 66A to 66F prescribe
punishment for offenses such as obscene
electronic message transmissions, identitytheft, cheating by impersonation using
computer resource, violation of privacy &
cyber terrorism.
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CYBERLAW - AN OVERVIEW
Section 67 of the old Act is amended to
reduce term of imprisonment for publishing or
transmitting obscene material in electronic form
to 3 years from 5 years and increase the fine
thereof from Rs.100,000 to Rs. 500,000.
Sections 67 A and B insert penal provisions in
respect of offenses of publishing/ transmittingof material containing sexually explicit act
and child pornography in electronic form.
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CYBERLAW - AN OVERVIEW
In view of the increasing threat of terrorism,amended section 69 giving power to the state todirect interception or monitoring of
decryption of any information through anycomputer resource.
Sections 69 A and B, grant power to the state todirect blocking for public access of anyinformation through any computer resourceand to authorize to monitor and collecttraffic data or information through any
computer resource for cyber security.
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CYBERLAW - AN OVERVIEW
Section 79 of the old Act which exempted
intermediaries has been modified to the effect
that an intermediary shall not be liable for any
3rd party information data or communication
link made available or hosted by him, subject
to certain conditions.
A proviso has been added to Section 81which states that the provisions of the Act shall
have overriding effect.
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