Cyber law in india

1. KANHAIYA KUMAR (215)
RAHUL PANDEY (229)

2. "The modern thief can steal more with a
computer than with a gun. Tomorrow's
terrorist may be able to do more damage
with a keyboard than with a bomb".
–National Research Council, U S A
"Computers at Risk”.1991

3. Cyber Law is the law governing cyber space.
Cyber space is a very wide term and
includes 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.

4. Cyber law encompasses laws relating to:
1. Cyber Crimes
2. Electronic and Digital Signatures
3. Intellectual Property
4. Data Protection and Privacy

5. Intellectual property refers to creations 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.

6. 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.
• Semiconductor law which relates to the protection
of semiconductor integrated circuits design and
layouts.
• Patent law in relation to computer hardware and
software.

7.  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
privacy caused by collecting, storing and
transmitting data using new technologies.

8. Need for Cyber Law:
 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 volumes every
second.
 Cyberspace is open to participation by all.

9.  Cyberspace offers enormous potential for
anonymity to its members.
 Cyberspace offers never-seen-before economic
efficiency.
 Electronic information has become the main
object of cyber crime.
 Here the “original” information, so to say,
remains in the “possession” of the “owner” and
yet information gets stolen.

10.  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 provide legal
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.

11. The Information Technology
Amendment Act, 2008 (IT Act 2008) has
been passed by the parliament on 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.

12. ITA 2008, as the new version of
Information Technology Act 2000 is
often referred, has provided additional
focus on Information Security.
It has added several new sections on
offences including Cyber Terrorism and
Data Protection.

13. In the 2008 version of the Act, there are 124
sections (excluding 5 sections that have been
omitted from the earlier version) and 14
chapters.
Schedule I and II have been replaced.
Schedules III and IV are deleted.

14. Salient features of the Amendment Act:
 The term “digital signature” has been replaced
with “electronic signature” to make the Act
more technology neutral.
A new section 10A has been inserted to the
effect that contracts concluded electronically
shall not be deemed to be unenforceable solely
on the ground that electronic form or means
was used.

15. 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, identity theft,
cheating by impersonation using computer
resource, violation of privacy & cyber terrorism.

16.  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/ transmitting of
material containing sexually explicit act and
child pornography in electronic form.

17.  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 81 which
states that the provisions of the Act shall have
overriding effect.

18. THANK YOU