Information Technology Act 2000

“ Rather than giving Information and Rather than giving Information and technology Gives rise to cyber crime.” technology Gives rise to cyber crime.”

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IT Scenario

IT covers both hardware and software Transformed the world into a global village Provides Communication and Analytical power to trade Indian IT industry fastest growing industry Pioneer in software development Conducive laws and regulations. Building of STPI

Tremendous growth in Internet

Information Technology Act 2000

Regulates the transactions relating to the computer and the Internet.

Act to govern cyber space. Preamble “it aims at providing legal recognition for transactions

carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce”

Covers the issues relating to electronic transactions, digital signatures, and hacking and network service providers

Objectives: Legal recognition for transaction carried out by electronic

methods of communication To facilitate electronic filing of documents Legal sanctity accorded to all electronic records and other

activities carried out by electronic means. Acceptance of contract may be expressed by electronic means

of communication and the same shall have legal validity and enforceability

Important Definitions

"Adjudicating officer“ "Digital signature" "Affixing digital signature; "Appropriate Government“ "Certifying Authority" "Cyber Appellate Tribunal" "Electronic form" "Secure system“

"Electronic Gazette"

Impact on Banking Sector

Pressure from competition and regulatory environment .

Threat of Competition and Retaining Customer Base.

IT used for Communication, Connectivity and Business Process Re-engineering.

Improve efficiency of money, capital and foreign exchange markets.

Lead to convergence of computer and communication technology to enable TBA.

Flip side

Ambiguity of definitions. No provision for consumer redress in case of fraud committed

through e-commerce. Does not envisage difficulties arising out of Electronic fund

transfer. Issue of jurisdiction of Courts have not been addressed. Limited scope on issue of privacy, viruses, hacking etc. Categories like power of Attorney, Trust, Will and Contract For

Sale have been excluded Does not lays down parameters for implementation Biggest fallout due to incapability of implementation is

Cybercrime. India ranks fourth in commission on Cybercrimes.

Cyber crime

“Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime”

Reasons for increase are easy to access, complex, negligence and loss of evidence.

Cybercrime can be against individuals, individual properties, organisation and society.

Classification of cyber crime

Against Individuals: –i. Harassment via e-mails.ii. Cyber-stalking.iii. Dissemination of obscene material.iv. Defamation.v. Unauthorized control/access over computer system.vi. Indecent exposurevii. Email spoofing viii. Cheating & Fraud

Against Individual Property: - i. Computer vandalism.ii. Transmitting virus.iii. Netrespassiv. Unauthorized control/access over computer system.v. Intellectual Property crimesvi. Internet time thefts

Contd

Against Organization: -i. Unauthorized control/access over computer systemii. Possession of unauthorized information.iii. Cyber terrorism against the government organization.iv. Distribution of pirated software etc.

Against Society at large: -i.     Pornography (basically child pornography).ii.    Polluting the youth through indecent exposure.iii.   Traffickingiv. Financial crimesv. Sale of illegal articlesvi. Online gamblingvii.  Forgery

Famous Cyber Crime Cases in India

Three customer service agents of call centre contractor MphasiS BFL, working on the Citibank account, gained the confidence of four US customers and obtained their PIN numbers and other classified account information. They then used these to transfer money out of those customers' accounts and into the accounts of members of their gang. An Indian court has granted bail to

a schoolboy who allegedly recorded a sexual act between

himself and a 16-year-old girl on his mobile phone.

The clip was later sold on video CDs via auction site Baazee.com,

sparking the arrest of its manager for India.

Cyber crime Evolution

Statistics on Cybercrime...2007

NASSCOM and its Role in IT

Premier trade body and the chamber of commerce of the IT-BPO industries in India

More than 1200 members

Setup in 1988 to facilitate business & trade in software services

Non profit organisation

Innovative business practices, social initiatives, thrust for foraying into new emerging opportunity areas.

Objective of Nasscom

Formulating National IT policies with specific focus on IT software and services.

Maintaining a state of the art information database of IT software and services related activities.

Build brand equity for the Indian IT software and services industry.

Take effective steps in fighting software piracy.

Forum to explore vast potentials

Work actively with Overseas Governments, Embassies

NASSCOM Initiative – 4E Framework

ENGAGEMENTo Networking with Global & Domestic agencies involve in curbing

cybercrime.EDUCATIONo Educating professionals and team of domestic agencies. ENACTMENTo Creating Cybersecurity to protect & increase the flow of offshore

business.ENFORCEMENTo Making the law competent to be enforced and acted upon to

bring culprits to punishments.

Amendment of IT Act 2000

Section Change

66"Dishonesty" and "Fraudulent" intention made necessary, "Without permission of the owner of the computer" has also become a condition precedent to application of Section 66. The imprisonment term remains the same but fine has been increased.

66A Provides cover for Cyber stalking, Spam, threat mails, Phishing mails, SMS, etc.

66C Covers Identity theft which was not specifically covered earlier. Earlier such offences were to be covered under Section 66 as "Diminishing of the value of information"

66E This is a new section which covers Video Voyeurism which was not covered at all earlier.

66F Covers "Cyber Terrorism" and makes it punishable with imprisonment upto life term. This may cover hacking, denial of access attacks, Port Scanning, spreading viruses etc. if it can be linked to the object of terrorizing people. Conspiracy is also covered under the section. The offence would not be bailable or compoundable.

67A Covers obscenity which involves "Sexually explicit content". The punishment is 5 years as in the earlier act. Fine is higher.

Ammendments Contd..

67B This addresses child pornography and makes searching and browsing also as offences.

67C Requires specified data to be retained for specified periods by Intermediaries failure of which becomes punishable with three years imprisonment. The "Intermediaries" here would include cyber cafes, ISPs, MSPs, e-auction sites etc.

69 Powers being made available to any officer designated by either the Central or State Government to "Intercept" information whether in transit or storage. Imprisonment for 7 years and it is non bailable and non compoundable.

69A Provides powers to a designated officer of the Central Government to "Block websites". Imprisonment for 7 years and it is non bailable and non compoundable.

69B Provides powers to a designated officer of the Central Government to "collect traffic data" from any computer resource imprisonment for 3 years and it is  bailable and  compoundable.

Global Initiatives

Five countries from three continents banding together to fight cyber crime in a synergistic way by sharing intelligence, swapping tools and best practices, and strengthening and even synchronizing their respective laws

Our suggestions

A broad &inclusive focus is necessary to protect the IT services Strategies and Alert mechanism Against cyber attacks Creating a global culture of cyber security International cooperation at all levels should be developed

further. Establish funding mechanisms to facilitate practical research Encouraging states to upgrade, update, notify and educate about

cyber laws & cyber attacks. Participatory approach involving Governments, the private sector

and non-governmental organizations. Include comprehensive curricular on computer related in

Academics and impress upon ethical behaviour of professionals. New recruitment to ensure a sizeable team to combat cyber crime Law enforcement officials need to be trained for effective

enforcement.

Conclusion

Cyber crime is borderless and faceless. All countries in the sub continent must come together to form a

joint agency to combat cyber crime. Judicial system and entire mechanism needs an overhaul to

deliver justice at quick speed. Punishment must be stringent enough to kill the motive of the

criminals. Ethical Hacking must be utilised to understand the psyche and

techniques of the criminals.

Thank You