Information technology connotes to that

technology which is connected with information.

Use of technology for usage, storage,

retrieval & dissemination of information

 Information has given rise to several legal,

social & ethical problems

Information relates to all those matters

recorded electronically
Information relates to any correspondence,

government documents, legal instruments, private exchanges of new and views or any other matter is a machine recorded data

 Variety of legal problems

Not novel problems.

Storing of the traditional documents in

machine coded system

 In the forms of visible, tangible letters,

figures, marks etc

Problems can be resolved by applying the

existing laws, provisions

Many cases the new set of laws required to

decide the unique cases

 Machine: instrument used in technology

Medium: symbols, any means used for recording & transmitting

information

Message : information stored or transmitted, through the

available media

 Computers can be tampered with and made

to give out results that were never intended Passing of information cross borders Symbols & media used as an additional tool of writing Information passed by click may emanate to the conflicting situations with the law of the country

 Special legislations were enacted by various

countries
Indian government adopted Information

Technology Act, 2000

Anything not defined in this Act, shall be

decided by the competing authority by use of the principles of common law

 These principles belong to the uncodified law

of the country.

Example: internet message defamatory in nature., person can be sued for criminal prosecution. Here the right is to sue for damages for defamation and also eligible to get the judicial decisions dealing with various kinds of civil wrongs

 It works in accordance with the already existing laws.

CPC., CRPC., law of torts, IPC., Indian evidence Act., Bankers Book evidence Act., Reserve Bank of India Act etc Amended rules were in place before this ACT., w.r.t., customs, excise & companies Legal issues arising out of the use of information technology will continue to be dealt with by common law rules

 Provide legal recognition for transactions

carried out by electronic media (e-commerce)

Facilitates e- filing Amends the various other existing Acts

 Preliminary matters
Digital signature Electronic governance Electronic records Secure electronic records and secure DS Certifying authorities Digital signature certificates Duties of subscriber Penalties and adjudication

Cyber regulations appellate tribunal

Offences Immunity of net work service providers in certain cases miscellaneous

 Addressee: person who is intended by the

originator to receive the electronic record, but does not include any intermediary Intermediary : any person who on behalf of another person, receives, stores or transmits that message or provides any service with respect to that message

 Asymmetric crypto system: 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 Computer : electronic, magnetic, optical or other high speed data processing device or system which performs logical , arithmetic, and memory functions, by manipulating of electronic, magnetic or optical impulses and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network

 Computer network: interconnection of one or

more computers through: ----- the 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

 Computer resource: computer, computer system,

computer network, data, computer database or software Computer system: device or collection of devices, including input & output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programs, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions

 Digital

signature: authentication of any electronic record by a subscriber by means of an electronic method or procedure

Electronic form : information generated,

sent, received or stored in media, magnetic, optical , computer memory, microfilm, computer generated data or similar device

 Electronic record : data, recorded or data

generated, image or sound stored, received or send in a n electronic form or microfilm or computer generated micro fiche Key pair : in an asymmetric crypto system, a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key

 Originator: person who sends, generates,

stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person, but does not include an intermediary
Prescribed : prescribed by rules made under

this Act

 Private key : key of a key pair, used to create a

digital signature
Public key : key of a key pair, used to verify a

digital signature and listed in the digital signature certificate

 Verify : in relation to the digital signature, or

electronic record or its grammatical variations and cognate expressions, means to determine whether ---- initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber --Initial electronic record is retained intact, or has been altered since such electronic record was so affixed with the digital signature

 DS is the authentication of the electronic record by a

subscriber, by electronic means This subscription is the recognized as a valid method of authentication Authentication be by way of using the asymmetric crypto system Verification of electronic record is done by the use of public key of the subscriber. Private key and public key are unique to the subscriber and constitute a functioning key pair

Legal recognition of the electronic records: Information is to be in writing or Typewritten form Printed form The matter be rendered available in an electronic form Accessible so as to be usable for a subsequent reference Be the computer generated information

 Filing of any form, application or any other

document with the government office or agency Grant of any licence, permit etc Receipt or payment of money in a particular manner

 Law provides for the retention of information

of a certain period. Such conditions are as to the accessibility, format etc as laid down by the Act

 Is authorised by the Act, to be published in

the official gazette or the electronic gazette and the date of its first publication in either of the two gazette shall be deemed to be the date of publication Any person insisted here shall not be eligible to insist government any norms

 Electronic record keeps the maker behind the

curtains, so was the need of the attribution Originator shall expedite the matter as to the sending of the information If it was send by person authorised to act on behalf of the originator of that electronic record If sent by information system programmed by or on behalf of originator to operate automatically

 Date of offer and the date of acceptance is

crucial in determining whether and which contract has come into existence
Time of receipt : subject to agreement

 Acknowledgement of the receipt of the

electronic record is by way of : (1) any communication by the addressee (2) Any conduct of the addressee which is sufficient to indicate to the originator that the electronic record has been received

 Securing is at any point of time as per the

prescribed time limit by the Act for the verification of the records by the government or any other public authority Digital signature is deemed to be a secure digital signature if by the application of an agreed security procedure, it can be verified that DS, at the time it was verified

 Verified DS shall be unique to the subscriber

affixing it Be capable of identifying the subscriber Created in a manner or using a means under the exclusive control of subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered, the DS would be invalidated

 This authority issues a certificate to the

subscriber Certifying authority shall identify persons applying for DSC, reliably verify their legal capacity and confirm the attribution of a public signature Foreign certificates may be recognised by controller. Controller acts as the repository of all DSC

 Repositories : are on-line data bases of

certificates and other information available for retrieval and use in verifying DS

Act contemplates a dual scheme in regard to wrongful acts concerned computers etc. Penalties are however adjudicated not before courts, but before adjudication officers Penalty here is to pay the damages by way of compensation not exceeding one crore rupees, to a person harmed by a tort

 Accessing or securing access to the computer

network Down loading any data or information from the computer network Introducing any contaminated data, virus into the computer network Damaging the computer, network, data, computer data base or any other program

 Disrupting the computer, network

Denying access to any person authorised to

access the computer , network by any means Providing assistance to any person to facilitate access to the computer network in contravention of the provisions of the Act Charging service availed of, by a person to account of another person by tampering with or manipulating any computer networ

 Be appointed by the central government

May impose penalties or award

compensation in accordance with the provisions of the Act Scrutinize and quantify the penalty/compensation

 Quantify based on the amount of gain of

unfair advantage (whether quantifiable) made as a result of the default Amount of loss caused to any person as a result of default Repetitive nature of the default

 Tribunal lays provisions regarding jurisdiction,

composition, powers and procedure Provisions for compounding of offences and recovery of penalties Any person aggrieved by the award of adjudicating officer can appeal to the tribunal within 45 days

 Tampering with computer source documents

Hacking with computer systems Publishing of obscene information in

electronic form Securing access to any computer, computer system or computer network declared by the appropriate government to be a protected system

 Misrepresentation about a material fact to

suppression of a material fact from certifying authority or controller Breach of confidentiality and privacy by person who has, in exercise of a power conferred by the Act, secured access to electronic record, book, register

 Publishing a DSC, which is false in certain

particulars Knowing, creating, publishing etc., a DSC for any fraudulent or unlawful purpose

 Hacking : whoever, with intent to cause, or

knowing that he is likely to cause, wrongful loss or damage to the public or any person, destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking Hacking attacks are punishable with imprisonment upto 3 yrs or with fine which may extend upto 2 lakh or with both

 Only a police officer of the rank of deputy

superintendent of police is competent to investigate an offence in IT Act Extra Territorial operations : It is provided that the Act applies to any offence or contravention committed outside India by any person, irrespective of his nationality, if the act or conduct involves a computer, computer system or computer network located in India