it covers IT act with amendments and information about trai.

1. INFORMATION
TECHNOLOGY AND
LAW
BY:
AYUSH LOHIA (221)
CHARU DHAMIJA (250)
DEEP SANKAR ROY (232)
DHVANI MAHESHWARI (253)
GAURAV THADANI (246)
HIMANSHU JAWA (245)

2. Title and Content Layout with List
• IT Act 2000
• Need Of The IT Act,2000
• Objectives Of the Act
• Information Technology Amendment Act 2008
• Important Sections under IT Act, 2000
• Digital Signature
• TRAI ACT 1997 & TRAI AMENDMENT 2000
• Why TRAI was formed?
• Functions of TRAI

3. Introduction To IT Act:
• Information technology is one of the important law relating to India
cyber laws.
• It had passed in parliament in year 2000.
• India was the 12th nation to adopt it act.
• It aims to provide legal infrastructure/framework.
• This act is helpful to promote business with the help of internet.
An Act 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, to facilitate electronic filing
of documents with the Government agencies.

4. Need Of The IT Act,2000
NATIONAL REASONS
• Increasing use of ICTs - business
transactions and entering into
contracts
• No legal protection.
• Signatory to UNCITRAL.
INTERNATIONAL REASONS
• International trade through
electronic means.
• UNCITRAL had adopted a Model
Law on Electronic Commerce in
1996.
• The General Assembly of the
United Nations- 31st January,
1997
• World Trade Organization
(WTO)- Electronic medium for
transactions.

5. Objectives Of the Act:
To provide filing of
document online
relating to registration
in employment
exchange.
Any company can
store data in
electronic storage.
To give legal recognition
to digital signature for
accepting any agreement
via computer.
To give legal recognition
to any transaction which
is done by electronic
way or use of internet.
To make more
power to IPO,RBI,
and Indian
Evidence act
To stop computer
crimes and protect
privacy of internet
users

6. Information Technology Amendment Act 2008
• Substantial addition to India's Information Technology Act (ITA-2000).
• Created to address issues that the original bill failed to cover and to
accommodate further development of IT and related security
concerns since the original law was passed.
• Focusing on data privacy
• Focusing on Information Security
• Adopted electronic signatures as a legally valid mode of executing
signatures.
• Defining reasonable security practices to be followed by corporate
• Redefining the role of intermediaries
• Recognizing the role of Indian Computer Emergency Response Team

7. Important Sections under IT Act, 2000:
SECTION 43-PENALTY AND COMPENSATION FOR DAMAGE
TO COMPUTER, COMPUTER SYSTEM.
• If any person without permission of the owner or any other person
who is in charge of a computer or computer system:
• damages or causes to be damaged any computer,
• disrupts or causes disruption,
• denies or causes the denial of access to any person authorized to access,
• destroys, deletes or alters any information residing in a computer resource,
• destroys, deletes or alters any information residing in a computer resource.
• He/She shall be liable to pay damages by way of compensation to the person
so affected.
SECTION 43(A)-COMPENSATION FOR FAILURE TO PROTECT
DATA.
• Where a body corporate, possessing, dealing or handling any sensitive personal
data or information in a computer resource which it owns, controls or operates, in
negligent in implementing and maintaining reasonable security practices and
procedures and thereby causes wrongful loss or wrongful gain to any person,
such body corporate shall be liable to pay damages by way of compensation to
the person so affected.

8. SECTION 66(A)- PUNISHMENT FOR SENDING OFFENSIVE
MESSAGES THROUGH COMMUNICATION SERVICE.
• If Any person who sends, by means of a computer resource or a
communication device –
• any information that is grossly offensive or has meaning character, or
• any information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, or
• shall be punishable with imprisonment for a term which may extend to three
years and with fine.
SECTION 66(C)- PUNISHMENT FOR IDENTITY THEFT
• Whoever, fraudulently or dishonestly make use of the electronic signature,
password or any other unique identification feature of any other person, shall be
punished with imprisonment of either description for a term which may extend to
three years and shall also be liable to fine which may extend to rupees one lakh.

9. SECTION 66(E)- PUNISHMENT FOR VIOLATION OF PRIVACY.
• Whosoever, intentionally or knowingly captures, publishes or transmits the
image of a private area of any person without his or her consent, under
circumstances violating the privacy of that person, shall be punished with
imprisonment which may extend to three years or with fine not exceeding two
lakh rupees, or with both.
SECTION 66(F)- PUNISHMENT FOR CYBER TERRORISM.
• Person with the intention to threaten the unity, integrity, security or sovereignty
of India:
• denying or cause the denial of access to any person authorized to access computer resource; or
• attempting to penetrate or access a computer resource without authorization
• whoever commits or conspires to commit cyber terrorism shall be punishable
with imprisonment which may extend to imprisonment for life.

10. SECTION 67- PUNISHMENT FOR PUBLISHING OR
TRANSMITTING OBSCENE MATERIAL IN ELECTRONIC
FORM.
• shall be punished on first conviction with imprisonment of either description
for a term which may extend to three years and with fine which may extend to
five lakh rupees and in the event of a second or subsequent conviction with
imprisonment of either description for a term which may extend to five years
and also with fine which may extend to ten lakh rupees.

11. Digital Signature
• A digital code (generated and authenticated by public key encryption)
which is attached to an electronically transmitted document to verify
its contents and the sender's identity.
• Function of digital signature
 is to authenticate the document
 to identify the person
 to make the contents of the document binding on person putting digital
signature.
• Each individual generates his own key pair [Public key known to
everyone & Private key only to the owner].

12. TRAI ACT 1997 & TRAI AMENDMENT 2000
• TRAI was then constituted under the presidential ordinance issued in
1997, later it was ratified by the Parliament by enacting the TRAI Act
on 20th February,1997.
• The main aim of TRAI is to facilitate quick growth of the telecom
sector and to provide for a transparent policy environment. The
regulator is responsible for tariff, interconnections, direct-to-home
services etc.
• TRAI Act,1997 was amended by TRAI(Amendment) Act,2000. By the
Amendment Act, an Appellate Tribunal known as the Telecom
Disputes Settlement and Appellate Tribunal(TDSAT) has been set up.
• The primary objective of TDSAT’s establishment was to release TRAI
from adjudicatory and dispute settlement functions in order to
strengthen the regulatory framework.
Introduction:

13. Constitution of TRAI
• TRAI was established as a corporation under Section 3 of the Act.
• It is a body corporate with all its characteristics of perpetual
succession, common seal with powers to hold and dispose of property,
both moveable and immoveable, and to sue and be sued.
• It constitutes of a chairperson and less than two, full time and part-
time members.
• The Chairperson and the members of TRAI are appointed by the
Central Government and the duration of which they can hold their
office is three years or until they attain the age of 65 years, whichever
is earlier.

14. Why TRAI was formed?
• NTP 1994 – The Department of Telecommunications(DOT) was the
policy maker and competitor to private entrants.
• Private enterprises were discouraged to enter the telecom market.
• Rural telecommunications suffered the most.
• To regulate & provide guidelines to service providers.
• To ensure the interest of consumers of Telecom Services.

15. Functions
General
administrative
and regulatory
functions.
Fixing Tariffs and
rate for telecom
services
Recommend
terms and
conditions of
license to a
provider.
Settle disputes
between service
providers
Any other
functions
entrusted by the
Central Govt.
Monitor the
quality of
service.
Inspect the
equipment used
in network
Maintaining the
register open for
inspection to
public
Making
recommendations
on various issues

16. Telecom Disputes Settlement Appellate
Tribunal
• The Telecom Dispute Settlement Appellate Tribunal (Tribunal) is
established under section 14 of the Act. It is the sole dispute
resolution body in the communication sector. It can adjudicate upon
any dispute between:
I. Licensor (Central Government) and a licensee.
II. Two or more service providers.
III. Between a service provider and a group of consumers.
• However, the Tribunal does not have any jurisdiction to try any matter
which deals with anti-competitive trade practices or any consumer
complaint

17. National Telecom Policy – 2012
• To provide secure, reliable, affordable and high quality converged
telecommunication services anytime, anywhere for an accelerated
inclusive socio-economic development.
• The main thrust of the Policy is on the multiplier effect and
transformational impact of such services on the overall economy.
• It recognizes the role of such services in furthering the national
development agenda while enhancing equity and inclusiveness.
• NTP-2012 also recognizes the predominant role of the private sector in
this field and the consequent policy imperative of ensuring continued
viability of service providers in a competitive environment.

18. Strategies
 Broadband, Rural Telephony and Universal Service Obligation Fund (USOF)
 R&D, Manufacturing And Standardization of Telecommunication Equipment
 Licensing, Convergence and value added services
 Spectrum Management
 Telecom Infrastructure/ Row Issues, Green telecom, Clear skyline, Mitigation
efforts during disaster
 Quality of service and protection of consumer interest
 Security
 Skill Development
 Cloud Services
 Telecom Enterprise Data Services, IPV 6 Compliant networks and future
technologies
 Role of regulator, changes in legislation