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Information Technology Act, 2000

Prof. (Dr) N. L. Mitra Partner Fox Mandal Solicitors & Advocates

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Slide 1 MSOffice1
, 1/29/2005

Object of the Act

Electronic Governance made possible Facilitates Electronic Commerce

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Scope of the Act

The Act covers: e-Commerce Creation and use of digital signature Facilitation of electronic records

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Introduction
First statute on IT Influenced by the Model Law on Electronic Commerce (UNCITRAL) Passed on May 15, 2000 Came into force on October 17, 2000

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e-Governance
e-transactions of governance in the Civil Society. Criminalization of internet rule violation and administration of criminal justice.

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e-Governance (CIVIL)
Facilitates of electronic filing of documents with the Government agencies Electronic record keeping and data protection Signature in e-documents and authentication E-Gazette E-taxation Matters connected therewith or incidental thereto
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Civil Wrong and Remedial Forum

Damage to Computer Failure to furnish information and return Adjudicative Officer Cyber Appellate Tribunal

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e-Governance (Criminalization)
Internet offences: * Tampering documents * Hacking system * Publishing obscene material * Breach of confidentiality and privacy * Publication of false digital signature certificate * Publication of fourge digital signature
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Criminal Tempering of Computers with Documents

Knowingly or intentionally does or causes to be done: * Conceals * Destroy * Alter Computer source code

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Hacking
Intentionally or knowingly causing or likely to cause: *Wrongful loss *Damage *Destroys *Deletes or alters Any information residing in computer source
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Obscene in Electronic Form

Publishing Transmission Causes to be published Material lascivious or appeals to prurient interest Controllers power to intercept transmission
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e-Governance (Criminalization)
IT Act brought amendment in the following Acts: The Indian Penal Code The Indian Evidence Act, 1872 The Bankers Books Evidence Act, 1891 The Reserve Bank of India Act, 1934

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e-Commerce
Use of alternatives to paper-based methods of communication and storage of information Electronic contract Authentication of contract Documentation and proof Performance of contract Settlement of accounts Dispute resolution
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Applicability of the Act

Whole of India excepting those mentioned in the Act Any Offence or Contravention committed outside India by any person.

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Non-application of the Act

Negotiable Instrument (other than a cheque) Power of attorney Trust Will Contract for the sale or conveyance of immovable property or any interest in such property Class of documents or transactions notified in Official Gazette.
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Electronic Gazette
Section 2(1)(s) Official gazette Electronic form

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Digital signature
Section 2(1)(p) Authentication Electronic method

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Affixing digital signature

Section 2(1)(d) Adoption of any methodology or procedure Purpose of authenticating by digital signature

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Digital signature Certificate

Section 2(1)(q) Digital signature certificate Section 35(4)

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Key pair
Section 2(1)(x) Private key Mathematically related public key Public key should verify digital signature created by the private key

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Asymmetric crypto system

Section 2(1)(f) Secure key pair Private key to create digital signature Public key to verify digital signature

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Definition of Access
Section 2(1)(a) Gaining entry into Instructing or communicating Logical Arithmetical Memory function

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Addressee
Section 2(1)(b) Who receives the electronic record Not intermediary

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Adjudicating Officer
2(1)(c) Appointed under section 46(1)

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Appropriate Government
Section 2(1)(e) Any matter List II of Seventh schedule List III of Seventh Schedule

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Certifying Authority
Section 2(1)(g) Person with license To issue Digital Signature Certificate Under Section 24

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Certification Practice system

Section 2(1)(h) Statement of Certifying Authority Indicates practice of Certifying Authority in issuing Digital Signature

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Computer System
Section 2(1)(l) Device or collection of devices Includes input and output support devices Excludes calculators not programmable, capable of being used in conjunction with external files

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Computer System
Containing computer programmes, electronic instructions, input data and output data Performs logic, arithmetic, data storage and retrieval, communication control and other functions

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Computer
Section 2(1)(i) Electronic magnetic, optical or other highspeed data processing device or system Performs logical, arithmetic, and memory functions Manipulation of electronic, magnetic or optical impulses
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Computer
Inclusion of input, output, processing, storage, computer software, or communication facilitates Connected or related to computer, computer system or computer network

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Computer Network
Section 2(1)(j) Interconnection of one or more computers through Use of satellite, microwave, terrestrial line or other communication media Terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained

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Computer Resource
Section 2(1)(k) Computer Computer system Computer network Data Computer database or software

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Data
Section 2(1)(o) Representation of Information Knowledge Facts Concepts or instructions Being prepared or have been prepared To be processed or has been processed Computer system or computer network In any form or stored internally in memory

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Information
Computer programme Software and databases or Microfilm or Computer generated micro fiche

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Controller
Section 2(1)(m) Controller of Certifying Authorities Appointed under section 17(1)

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Cyber Appellate Tribunal

Section 2(1)(n) Cyber Regulations Appellate Tribunal Established under Section 48(1)

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Intermediary
Section 2(1)(w) Any person who On behalf of another person Receives, stores or transmits that message Provides service with respect to that message
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Electronic form
Section 2(1)(q) Any information Generated Sent Received or stored in media Magnetic

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Electronic Form
Optical Computer memory Micro film Computer generated micro fiche or similar device

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Electronic record
Section 2(1)(t) Data Record or data generated Image or sound stored Received or sent Electronic form or microfilm or computer generated micro fiche
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Function
Section 2(1)(u) Logic Control Arithmetical process Deletion Storage and retrieval Communication or telecommunication
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For any query contact N.L. Mitra Partner, Fox Mandal nl.mitra@foxmandal.com +91-80-25595911

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