Cyber Laws

Jayanthi Reddy

Information Technology Act, 2000

The IT Act was enacted based on the UNCITRAL (United Nations Commission On International Trade Law Model Law).

With the Model Law it has also considered the Committee recommendations on the Electronic Funds Transfer Schemes.

The IT Act is made applicable to the whole of India including the State of Jammu and Kashmir and it is made applicable to the cyber crimes committed in and outside India.

Objects of the IT Act

Legal recognition to transactions carried out by means of electronic data interchange.

Promote electronic commerce (e-commerce), which is an alternative to the paper based method of communication and storage of information.

To facilitate e-filing of documents with the government departments and agencies.

To bring suitable amendments to the existing laws in pursuit of the objectives of the IT Act

Exclusions of Certain Transactions

The IT Act shall Not be applicable to the Negotiable Instruments

except for the Cheques. Not be applicable to the Power of Attorney. Not be applicable to Trusts. Not be applicable to a Will. Not be applicable to the transfer of immovable

property or any interest in such property.

Online Contracts To be determined by the traditional laws like Indian

Contract Act, 1872. The rules relating to offer and acceptance similar to that

of the IC Act. ( Based on the decision of Bhawandas vs. Girdharilal) included the e-mail contracts

Determination of the liability of the parties is also similar to that of Indian Contract Act.

Time and place of contract is also determined by the(Section 4 of the IC Act and Section 13 of the IT Act together deals with the formation of the e-contracts)

Kinds of Online Contracts

Click Wrap or Web Wrap Contracts is commonly used for the e-commerce transactions.

The transaction takes place when the party agrees to buy the product or service by clicking the “ I agree” or “ I Accept” button on the virtual key board.

The party has the opportunity to review the terms and conditions before accepting the offer.

It is affirmatively assenting and the contract is enforceable in the court of law.

Shrink Wrap Contracts

Usually used for the purpose of business transactions, that are based on the licensee user products e.g.. Software Products.

The product has to be returned within 7 to 30 days of buying ( Cooling off).

The contracts entered into by e-mails are also valid contracts, enforceable in the court of law, if the it is satisfactorily proved, as per the rules in the Indian Evidence Act.

For all the various kinds of the online contracts, the consumer laws are applicable.

Authentication and Acceptance of Electronic Records

It is a record which is communicated and maintained by means of electronic equipment.

The purpose of such records is to keep the evidence in the business activity.

Electronic records are recognized as equivalent to a written document.

Even e evidence is accepted as valid evidence. The Indian Courts have moved ahead by

collecting evidence through video conferencing.

Digital Signature

It is given a legal recognition to facilitate the growth of e-commerce.

It is created with the help of the science of cryptography and with hash Function (Encryption and decryption)

The digital signatures will have Private Key and a Public Key for the purpose of authentication.

The authentication of the digital signature is by asymmetric crypto system.

The digital signatures are equal to affixing a signature and accepted in the court.

The Acts Amended for the purpose of facilitating the IT Act, 2000

The Indian Penal Code, 1860. (Definition of Document and related sections) The Indian Evidence Act, 1972. (E-records to be admissible as Evidence) The Reserve bank of India Act, 1934. (Electronic Fund Transfers) The Negotiable Instruments Act, 1881. (Electronic, truncation and clearance of cheques) The Banker’s Book Evidence Act, 1891. (Ledgers books, day books, cash books account books

etc acceptable if preserved in the electro magnetic storage devices. It needs certification)

Cyber Offences

Cyber Crimes

Againstthe

Individual

Against the Individuals’

Property

Against the

Organization

Against the

Society

Against the Individual

Harassment via e-mails Cyber stalking Obscene material Defamation Unauthorized access of the computer Email spoofing Cheating and Fraud

Against Individual Property

Transmitting Virus Net Trespass Unauthorized Control Intellectual property Crimes Time Thefts Data Privacy of employees and customers

Against Organization

Unauthorized Access and Control Possession of the unauthorized information Cyber Terrorism Distribution of pirated software. Data Theft

Against Society at large

Pornography Trafficking Financial Crimes ( Internet Frauds) Sale of illegal articles Online gambling Forgery etc

Offences Specified under the IT Act, 2000

Damaging computers/ Data and networking Non- Compliance with the reporting system Unauthorized access Tampering Hacking Transmission of obscene material Misrepresentation False information in the Digital Signature Breach of Confidentiality Misuse of Digital Signature.Recently IT Amendment Act 2008 has been passed, making cyberspace to be more secure.