2. Significance of Information Technology
For communication purpose.
Storage of Information.
Consistency and accuracy.
Efficient and time saving.
Reliable and easy to access.
It promotes E-Commerce.
It reduces paper work.
Access to variety of learning resources
3. What is Cyber Law?
Cyber Law is the law governing cyber space.
Cyber law covers all case law and Statutes, statutory regulations, legal
principles pertaining to Internet.
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.
Cyberspace means the virtual world created by mankind using computers
and networking through which they interact and exchange information.
4. Features of Cyberspace
Cyberspace is an intangible dimension that is
impossible to govern and regulate using conventional
law.
Cyberspace has complete disrespect for jurisdictional
boundaries.
Cyberspace is absolutely open to participation by all.
Cyberspace offers never-seen-before economic
efficiency.
5. Cyber Jurisprudence:
Jurisprudence is the study of philosophy and Law.
Cyber jurisprudence is the legal study that
concentrates on the logical structure, the meanings
and uses of its concepts, and the formal terms and
modes of operation of cyber law.
cyber jurisprudence describes the principles of legal
issues, which exclusively regulates the cyberspace
and internet.
6. Cyber law encompasses laws relating to:
Cyber Crimes
Electronic and Digital Signatures
Intellectual Property
Data Protection and Privacy
Certifying Authorities
Cyber Appellate Tribunal
Legal recognition of E- Records and Digital Signature.
7. Need for Cyber Law
"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".
8. Need for Cyber Law
To prevent misuse of Technology.
To govern the law relating to Internet, Cyberspace.
To prevent the Cyber Crimes.
To provide legal recognition to E-records and Digital
Signature.
To promote E-Commerce and E-Governance.
9. Meaning of Computer
Computer is derived from a Latin word “computare” which means to “to
calculate”,“ to count”, “to sum up” or “to think together”. So, more precisely
the word computer means a "device that performs computation".
A Computer is an electronic machine that can solve different problems,
process data, store & retrieve data and perform calculations faster and
efficiently than humans”.
A Computer is programmed device with a set of instructions to perform
specific tasks and generate results at a very high speed.
10. Evolution of Computers
First time computer was used in II world war.
This is called as first generation of computers
developed in 1940s.
1950 saw the introduction of transistors which is
commonly called as Integrated Circuits.
1970- It made possible the transformation of
Integrated circuits into the VLSI ( Very Large
Scale Integration) technology.
Now, fifth generation computers have the
capacity to function like human beings.
11. Evolution of Internet
Internet is one component which has recently become the
key ingredient of quick and rapid lifestyle.
Be it for communication or explorations, connecting with
people or for official purposes, ‘internet’ has become the
central- hub for all.
The Internet started as an experiment in the late 1960s by
the Advanced Research Projects Agency.
12. Evolution of Internet
ARPANET
Advance Research Project Agency Network. ( ARPANET )
World’s first operational network - 1967.
ARPANET was developed under U.S. Department Of Defence (DOD ),
it was developed to survive nuclear attack.
It was the 1st network to implement the protocol suit TCP/IP.
ARPANET consisted of 4 main computers located at :
1. University of California, Los Angeles.
2. University of California, Santa Barbara.
3. The Stanford Research Institute.
4. University of Utah.
Each of these computers served as a host on the network, commonly
today known as server.
13. Evolution of Internet
NSF- National Science Foundation.
1980 – Started to make high capacity network for
Academic & Engineering Research.
NSF connected its huge network of five supercomputer
centres, called NSFnet to ARPANET in 1986.
1990 – Interworking of ARPANET, NSFnet & other
Private Network resulted into INTERNET.
14. Internet Functioning
Administration of Internet is not in the hands of any
Individual, University or NGO.
It is like a net where all computers are connected to each
other.
It is this series of linked networks each linking computers
and computers networks that is commonly known today as
“Internet”.
15. IT Act, 2000
Enacted on 17th May
2000- India is 12th
nation in the world to
adopt cyber laws
IT Act is based on
Model law on e-
commerce adopted by
UNCITRAL
16. UNICITRAL- What is it ?
Following the United Nations Commission on International Trade
Law (UNCITRAL) Model Law on E-Commerce, the Government
of India enacted the Information Technology Act in June 2000.
The Act facilitates E-commerce and E-Governance in the country.
The Act also establishes a regulatory framework and lays down
punishment regimes for different cyber crimes and offences.
17. UNICITRAL- What is it ?
Adopted on 30 January 1997
It recommends inter alia that all States give
favourable consideration to the Model law when they
enact or revise their laws in view of the need for
uniformity of the law applicable to alternatives to
paper-cased methods of communication and storage
of information.
18. UNICITRAL- What is it ?
Recognizing the necessity to give effect to the Resolution,
and
with an objective of promoting efficient delivery of
government services by means of reliable electronic records,
the Government of India enacted the Information
Technology Act in June 2000.
19. The UNCITRAL model Law: background
In many countries the existing legislation governing
communication and storage of information were inadequate
or outdated.
many countries lacked in legislations for dealing with E-
commerce.
Inadequate legislation at the national level created obstacles
to international trade.
20. Basic Principles of the Model Law
1. Analyze purposes and functions of paper-based requirements
(“writing”, “record”, “signature”, “original”)
2. Consider criteria necessary to replicate those functions and give
electronic data the same level of recognition as information on
paper.
3. Equal treatment of paper-based and electronic transactions
4. Equal treatment of different techniques (EDI, e-mail, Internet,
telegram, telex, fax).
21. Objectives of the IT Act
To provide legal recognition for transactions:-
1. Carried out by means of electronic data interchange, and other
means of electronic communication, commonly referred to as
"electronic commerce“
2. To facilitate electronic filing of documents with Government
agencies and E-Payments
3. To amend the Indian Penal Code, Indian Evidence Act,1872, the
Banker’s Books Evidence Act 1891, Reserve Bank of India Act
,1934
22. Extent of application
Extends to whole of India and also applies to any offence or contravention
there under committed outside India by any person {section 1 (2)} read with
Section 75- Act applies to offence or contravention committed outside India
by any person irrespective of his nationality, if such act involves a computer,
computer system or network located in India.
This Act shall not apply to the following documents:
1. A Negotiable instrument (other than a cheque)
2. A Will
3. Power of Attorney
4. A trust deed
5. Sale deed etc.
23. Overview of IT Act, 2000
The Information Technology Act was enacted on 9th
June, 2000.
It contains 90 sections divided in 13 chapters.
Relevant chapters
Chapter I – Preliminary
Chapter II – Digital Signature
Chapter III – E- Governance
Chapter VI – Regulation of Certifying Authorities
Chapter XI - Offences
26. Introduction to cyber crimes
Cyber crimes include crimes which are committed through use of
computers or where a computer or computer network is the target
of a crime.
Imp legislations on cyber crime in U.S.A., INDIA and UK.
The Comprehensive Crime Control Act, 1984- USA.
Computer Misuse Act, 1990- UK
Information Technology Act, 2000- India
27. Introduction to cyber crimes
Every computer on the Internet has IP address, when crime
is committed Investigators track the IP address to know
from which location, system or device crime was
committed.
Cyber criminals flourish in criminal activity on the Internet
because of availability of hiding IP Software.
Nigerian scams are rampant nowadays which involves
phishing techniques.
28. Causes of Cyber Crimes
To cause monetary/financial loss.
Out of jealousy, enmity.
For mental harassment, blackmailing
Due to Negligence on the part of victims of cyber
crimes.
Due to Easy access to Internet.
Loss of evidence.
Due to Lack of awareness among people.
29. Traditional crimes Cyber crimes
I. Crime is a social and
economic phenomenon
and is as old as the human
society.
II. Provided under IPC.
III. Form of punishment?
IV. Motive behind
Conventional crimes?
V. Easy to decide jurisdiction.
VI. Investigation?
I. Where computer is used as
a target or a tool.
II. Provided under IT Act,
2000.
III. Form of punishment?
IV. Motive behind Cyber
crimes?
V. Difficult to decide
jurisdiction.
VI. Investigation?
30. Cyber contraventions Cyber crimes/offences
I. Mentioned under S. 43 of
IT Act.
II. Less serious in nature.
III. Usually compensation is
paid as a fine.
IV. Known as civil wrongs
V. Cyber contravention may
lead to civil prosecution .
VI. Investigation by
Adjudicating officer
I. Mentioned under S. 65
onwards of IT Act.
II. More serious in nature.
III. Compensation as well as
imprisonment.
IV. Known as offences.
V. Cyber offences may result
in criminal prosecution
VI. Investigation by Inspector
31. Civil Wrongs under IT Act
Chapter IX of IT Act, Section 43
Whoever without permission of owner of the computer
Secures access (mere U/A access)
Not necessarily through a network
Downloads, copies, extracts any data
Introduces or causes to be introduced any viruses or contaminant
Damages or causes to be damaged any computer resource
Destroy, alter, delete, add, modify or rearrange
Change the format of a file
Disrupts or causes disruption of any computer resource
Preventing normal continuance of computer
32. Denies or causes denial of access by any means
Denial of service attacks
Assists any person to do any thing above
Rogue Websites, Search Engines, Insiders providing
vulnerabilities
Charges the services availed by a person to the account of another
person by tampering or manipulating any computer resource
Credit card frauds, Internet time thefts
Liable to pay damages not exceeding Rs. One crore to the affected
party
Investigation by
ADJUDICATING OFFICER
Powers of a civil court
Civil Wrongs under IT Act
(Contd.)
33. Section 46 IT Act
Section 46 of the IT Act states that an adjudicating officer shall
be adjudging whether a person has committed a contravention of
any of the provisions of the said Act, by holding an inquiry.
Principles of Audi alterum partum and natural justice are enshrined
in the said section which stipulates that a reasonable opportunity of
making a representation shall be granted to the concerned person
who is alleged to have violated the provisions of the IT Act. The
said Act stipulates that the inquiry will be carried out in the manner
as prescribed by the Central Government
All proceedings before him are deemed to be judicial proceedings,
every Adjudicating Officer has all powers conferred on civil courts
Appeal to cyber Appellate Tribunal- from decision of Controller,
Adjudicating Officer {section 57 IT Act}
34. Section 47, IT Act
Section 47 of the Act lays down that while adjudging the
quantum of compensation under this Act, the
adjudicating officer shall have due regard to the
following factors, namely-
(a) the amount of gain of unfair advantage, wherever
quantifiable, made as a result of the default;
(b) the amount of loss caused to any person as a result
of the default;
(c) the repetitive nature of the default
35. TYPES OF CYBER CRIMES
Cyber terrorism
Cyber pornography
Defamation
Cyber stalking (section 509 IPC)
Sale of illegal articles-narcotics,
weapons, wildlife
Online gambling
Intellectual Property crimes- software
piracy, copyright infringement,
trademarks violations, theft of
computer source code
Email spoofing
Forgery
Phishing
Credit card frauds
Crime against property
Crime against Government
Crime against persons
36. Section 65: Source Code
Most important asset of software companies
“Computer Source Code" means the listing of
programmes, computer commands, design
and layout
Ingredients
Knowledge or intention
Concealment, destruction, alteration
computer source code required to be kept or
maintained by law
Punishment
imprisonment up to three years and / or
fine up to Rs. 2 lakh
37. Section 66: Hacking
• Ingredients
– Intention or Knowledge to cause wrongful loss
or damage to the public or any person
– Destruction, deletion, alteration, diminishing
value or utility or injuriously affecting
information residing in a computer resource
• Punishment
– imprisonment up to three years, and / or
– fine up to Rs. 2 lakh
• Cognizable, Non Bailable,
Section 66 covers data theft aswell as data alteration
38. Section 66- A: Offensive messages
Any person who sends, by means of a computer
resource or a communication device,-
any information that is grossly offensive or has
menacing character; or
any information which he knows to be false, but for
the purpose of causing annoyance, inconvenience,
danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred, or ill will, persistently
makes by making use of such computer resource or
a communication device;
Punishment – 3 yrs
39. Sec. 66- B Punishment for dishonestly receiving stolen computer
resource or communication device] (Inserted Vide ITA 2008):
Whoever receives or retains any stolen
computer resource or communication
device
having reason to believe the same to be
stolen computer resource or
communication device,
Punishment:
three years or with fine which may extend
to rupees one lakh or with both.
40. [Section 66C] Identity theft (Inserted Vide ITA 2008):
Whoever, fraudulently or dishonestly make use of
the electronic signature, password or any other
unique identification feature of any other person,
Punishment : three years and shall also be liable
to fine which may extend to rupees one lakh.
41. [Section 66D] cheating by Personation by using
computer resource] (Inserted Vide ITA 2008):
Whoever, by means of any communication
device or computer resource cheats by
personation, 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 one lakh rupees.
42. [Section 66E] [Punishment for violation of
privacy] (Inserted Vide ITA 2008):
captures, publishes or transmits the image of a private area of any
person without his or her consent.
“transmit” means to electronically send a visual image with the
intent that it be viewed by a person or persons;
“capture”, with respect to an image, means to videotape,
photograph, film or record by any means;
“publishes” means reproduction in the printed or electronic form
and making it available for public;
Punishment: Three years or with fine not exceeding two lakh
rupees, or with both.
43. [Section 66F] [Punishment for cyber
terrorism]:
with intent to threaten the unity, integrity, security or
sovereignty of India or to strike terror in the people or
any section of the people by –
I. denying or cause the denial of access to any person authorized to access
computer resource; or
II. attempting to penetrate or access a computer resource without authorisation
or exceeding authorized access; or
III. introducing or causing to introduce any Computer Contaminant and by means
of such conduct causes or is likely to cause death or injuries to persons or
damage to or destruction of property
is said to commit offence under this Section.
Punishment: Life imprisonment.
44. Sec. 67. Pornography
Ingredients
Publishing or transmitting or causing to be published
in the electronic form,
Obscene material
to read, see or hear the matter contained or embodied in it,
Punishment
On first conviction
imprisonment of either description up to three years and
fine up to Rs. 5 lakh
On subsequent conviction
imprisonment of either description up to five years and
fine up to Rs. 10 lakh
Section covers
Internet Service Providers,
Search engines,
Pornographic websites
Cognizable, Non-Bailable, JMFC/ Court of Sessions
45. [Section 67 A] [Punishment for publishing or transmitting of
material containing sexually explicit act, etc. in electronic form]
(Inserted vide ITA 2008):
Ingredients
Publishing or transmitting or causing to be published
in the electronic form,
sexually explicit act or conduct
Punishment
On first conviction
imprisonment of either description up to five years and
fine up to Rs. 10 lakh
On subsequent conviction
imprisonment of either description up to seven years and
fine up to Rs. 10 lakh
Section covers
Internet Service Providers,
Search engines,
Pornographic websites
Cognizable, Non-Bailable, JMFC/ Court of Sessions
46. [Section 67 B] Child Pornography
Whoever,-
(a) publishes or transmits or causes to be published or transmitted material in
any electronic
form which depicts children engaged in sexually explicit act or conduct or
(b) creates text or digital images, collects, seeks, browses, downloads,
advertises,
promotes, exchanges or distributes material in any electronic form depicting
children in
obscene or indecent or sexually explicit manner or
(c) cultivates, entices or induces children to online relationship with one or
more children for
and on sexually explicit act or in a manner that may offend a reasonable adult
on the computer resource or
(d) facilitates abusing children online or
(e) records in any electronic form own abuse or that of others pertaining to
sexually explicit act with children,
47. [Section 67 C] [Preservation and Retention of
information by intermediaries]:
(1) Intermediary shall preserve and retain such
information as may be specified for such duration and
in such manner and format as the Central Government
may prescribe.
(2) Any intermediary who intentionally or knowingly
contravenes the provisions of sub section (1) shall be
punished with an imprisonment for a term which may
extend to three years and shall also be liable to fine.
48. Sections 71 & 72
Section – 71:
Offence Name - Misrepresentation to the Controller or the Certifying Authority
Description - Making any misrepresentation to, or suppression of any material fact
from, the Controller or the Certifying Authority for obtaining any licence or Digital
Signature Certificate, as the case may be.
Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to
1 lakh Rupees, or with both
section – 72:
Offence Name - Penalty for breach of confidentiality and privacy
Description - Any person who, in pursuance of any of the powers conferred under
IT Act, has secured access to any electronic record, book, register, correspondence,
information or document without the consent of the person concerned discloses such
electronic record, book., register, correspondence, information, document to any
other person.
Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1
lakh Rupees, or with both.
49. Sections 73 & 74
Section – 73:
Offence Name - Publishing Digital Signature Certificate false in certain
particulars
Description - Publishing a Digital Signature Certificate or otherwise making it
available to any other person with the knowledge that the Certifying Authority listed
in the certificate has not issued it or the subscriber listed in the certificate has not
accepted it or the certificate has been revoked or suspended, unless such publication
is for the purpose of verifying a digital signature created prior to such suspension or
revocation.
Penalty - Imprisonment for a term which may extend to 2 years, or with fine which
may extend to 1 lakh Rupees.
Section – 74:
Offence Name - Publication for fraudulent purpose
Description - Creation, publication or otherwise making available a Digital
Signature
Certificate for any fraudulent or unlawful purpose
Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1
lakh Rupees, or with both. .
50. State of Tamil Nadu Vs Suhas Katti
Conviction within 7 months
The case related to posting of obscene, defamatory and annoying message about a
divorcee woman in the yahoo message group. E-Mails were also forwarded to the
victim for information by the accused through a false e-mail account opened by
him in the name of the victim. The posting of the message resulted in annoying
phone calls to the lady in the belief that she was soliciting.
The accused was a known family friend of the victim and was reportedly interested
in marrying her. She however married another person. This marriage later ended
in divorce and the accused started contacting her once again. On her reluctance to
marry him, the accused took up the harassment through the Internet.
The accused is found guilty and convicted for offences under section 469, 509 IPC
and 67 of IT Act 2000 . This is considered as the first case convicted under section
67 of Information Technology Act 2000 in India.
51. The verdict extract…
“ The accused is found guilty of offences under section 469,
509 IPC and 67 of IT Act 2000 and the accused is convicted
and is sentenced for the offence to undergo RI for 2 years
under 469 IPC and to pay fine of Rs.500/-and for the
offence u/s 509 IPC sentenced to undergo 1 year Simple
imprisonment and to pay fine of Rs.500/- and for the
offence u/s 67 of IT Act 2000 to undergo RI for 2 years and
to pay fine of Rs.4000/- All sentences to run concurrently.”
52. What is Cyber Stalking ?
Stalk means to follow.
Cyber stalking is the use of the Internet or other
electronic means to stalk or harass an individual.
It may include false accusations, monitoring, identity
theft, threats, solicitation for sex, or gathering
information that may be used to threaten or harass.
victims and offenders of cyberstalking:
Anyone can be a victim of cyberstalking, However,
females are more likely to become victimized than
males.
53. Where does cyber stalking occurs?
Email
News Groups/ Message Boards
Internet Sites
Chat Rooms
Third Party Instant Messages
Service User Profiles
55. Legal provisions on Cyber Stalking:
Criminal Law Amendment Act 2013:
Ss. 354- A to 354-D have been added.
Sec. 354D. IPC, 1860.
Any man who—
I. follows a woman and contacts, or attempts to contact
such woman to foster personal interaction repeatedly
despite a clear indication of disinterest by such woman; or
II. monitors the use by a woman of the internet, email or any
other form of electronic communication, commits the
offence of stalking:
56. Cyber stalking Case
Ritu Kohli (first lady to register the cyber
stalking case) is a victim of cyber-
stalking. A friend of her husband gave her
phone number and name on a chat site for
immoral purposes. A computer expert,
Kohli was able to trace the culprit. Now,
the latter is being tried for "outraging the
modesty of a woman", under Section 354-
D and 509 of IPC.
57. Cyber Defamation
Defamation means to harm the reputation of any
person.
No special provision under IT Act, 2ooo.
When a person is defamed in the cyberspace, it is
known as cyber defamation or online defamation.
In cyber defamation, internet or computer is used as a
method of harming the reputation of the other person
or lowering the reputation of a person in front of
others.
58. Cyber Defamation
In India, the liability of defamation is two folds:
1. Primary writers-Person who has written the defamatory content
and published it on the cyberspace.
2. Service providers- The ISP or bulletin board service providers
who authorised for the publication of such defamatory content.
59. Cyber Defamation -Legal Provisions
Section 499, Indian Penal Code
This section says that whoever, by words either spoken
or intended to be read, or by signs or by visible
representations, makes or publishes any imputation
concerning any person intending to harm, or knowing or
having reason to believe that such imputation will harm,
the reputation of such person, is said, except in the cases
hereinafter excepted, to defame that person.
Section 500,Indian Penal Code
This section provides for punishment. Any person held
liable under section 499 will be punishable with
imprisonment of two years or fine or both.
Section 469,Indian Penal Code
This section deals with the forgery, in this if anyone
creates false document or fake account by which it harms
60. Cyber Extortion
Cyber-extortion occurs when a website, e-mail
server, or computer system is subjected to or
threatened with repeated denial of service or other
attacks by malicious hackers.
These hackers demand money in return for
promising to stop the attacks and to offer
"protection".
cyber-crime extortionists are increasingly attacking
corporate websites and networks, crippling their
ability to operate and demanding payments to
restore their service.
61. Cyber Extortion- Legal Provisions
383. Extortion:
Whoever intentionally puts any person in fear of any
injury to that person, or to any other, and thereby
dishonestly induces the person so put in fear to deliver
to any person any property or valuable security, or
anything signed or sealed which may be converted into
a valuable security, commits “extortion”.
384. Punishment for extortion:
three years, or with fine, or with both.
62. Cyber squatting
Cyber squatting is registering, selling or using a domain name with
the intent of profiting from the goodwill of someone else’s
trademark.
Simply put, cyber squatters register trade-marks, trade names,
business names and so on, belonging to third parties with the
common motive of trading on the reputation and goodwill of such
third parties.
63. Phishing
Phishing is the fraudulent attempt to obtain sensitive
information such as usernames, passwords, and credit
card details , often for malicious reasons, by disguising
as a trustworthy entity in an electronic
communication.
Phishing is typically carried out by email
spoofing or instant messaging and it often directs
users to enter personal information at a fake website,
the look and feel of which are identical to the legitimate
site.
65. Denial Of Service attack
A Denial-of-Service (DoS) attack is an attack meant to shut
down a machine or network, making it inaccessible to its
intended users.
DoS attacks accomplish this by flooding the target with
traffic, or sending it information that triggers a crash.
In both instances, the DoS attack deprives legitimate users
(i.e. employees, members, or account holders) of the service
or resource they expected.
66. Denial Of Service attack
DoS attacks often target web servers of high-profile
organizations such as banking, commerce, and
media companies, or government and trade
organizations.
Though DoS attacks do not typically result in the
theft or loss of significant information or other assets,
they can cost the victim a great deal of time and
money to handle.
71. Digital forgery
463. Forgery, IPC:- Whoever makes any false
documents or false electronic record or part of a
document or electronic record, with intent to cause
damage or injury], to the public or to any person, or
to support any claim or title, or to cause any person
to part with property, or to enter into any express or
implied contract, or with intent to commit fraud or
that fraud may be committed, commits forgery.
464 . Making a false document:
465: Punishment:
72. Digital forgery
Computers, printers and scanners are
used to forge counterfeit currency notes,
postage and revenue stamps, mark sheets
etc.
These are made using computers, and
high quality scanners and printers.
73. Online Gambling
Gambling in India is heavily restricted except for selective
categories including lotteries and horse racing.
Gambling is a State subject, and only states in India are entitled
to formulate laws for gambling activities within their respective
states.
The Public Gambling Act of 1867 is a central law that prohibits
running or being in charge of a public gaming house.
Ex. Cricket betting, Casino gambling
74. Sending threatening messages by
email
Sec 503 IPC
Sending defamatory messages
by email
Sec 499, 500 IPC
Forgery of electronic records Sec 463, 470, 471
IPC
Bogus websites, cyber frauds Sec 420 IPC
Email spoofing Sec 416, 417, 463
IPC
Online sale of Drugs NDPS Act
Web - Jacking Sec. 383 IPC
Online sale of Arms Arms Act
Computer Related Crimes under IPC
and Special Laws