Institute of Law: Jiwaji University, Gwalior, (M.P.)
Institute of Law: Jiwaji University, Gwalior, (M.P.)
Institute of Law: Jiwaji University, Gwalior, (M.P.)
)
INSTITUTE OF LAW
SUBJECT:INFORMATION TECHNOLOGY
LAW
TOPIC :ASSIGNMENT 1(PREAMBLE AND
DEFINITIONS)
sem,rollno.15174792,class
rollno.45
Preamble of IT Act, 2000
An Act to provide Legal Recognition for E-
Commerce
EDI transactions and Electronic communications
Use of alternatives to paper based methods of
communication and storage of information.
To facilitate electronic filing of documents with the
Government agencies.
And further to amend
Indian penal code
The Indian Evidence Act, 1872
The Bankers Books Evidence Act, 1891 & RBI
Act 1934.
E-commerce
Simply put:
E-commerce refers to doing business and transactions
over electronic networks prominently the internet.
•Obviates the need for physical presence
•Two parties may never know, see or talk to each other
but still do business.
•Has introduced the concept of electronic delivery of
products and services.
•Unmanned round-the-clock enterprises – Available
always.
E-Com- Potential
Problems
1.Security on Net-Confidentiality,
2.Integrity and Availability.
3.Cyber crimes-Hackers, Viruses
4.Technological Complexities
5.Lack of Information trail
6.Complex cross border Legal Issues
7.Desparate Regulatory Environment
and Taxation Policies.
IT Scenario
2
Information Technology Act 2000
"Adjudicating officer“
"Digital signature"
"Affixing digital signature;
"Appropriate Government“
"Certifying Authority"
"Cyber Appellate Tribunal"
"Electronic form"
"Secure system“
"Electronic Gazette"
Impact on Banking Sector
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
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 exposure
vii. Email spoofing
viii. Cheating & Fraud
Against Organization: -
i. Unauthorized control/access over computer system
ii. Possession of unauthorized information.
iii. Cyber terrorism against the government organization.
iv. Distribution of pirated software etc.
agencies.
ENACTMENT
o Creating Cybersecurity to protect & increase the flow of
offshore business.
ENFORCEMENT
o Making the law competent to be enforced and acted upon to
bring culprits to punishments.
Amendment of IT Act 2000
Sectio
n 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..