CYBERLAW - AN OVERVIEW

BY

TALWANT SINGH
ADDL. DISTT. & SESSIONS JUDGE: DELHI

talwant@yahoo.com

CYBERLAW - AN OVERVIEW
"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

CYBERLAW - AN OVERVIEW
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.

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

CYBERLAW - AN OVERVIEW
Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Cyber crime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime. Cyber crimes are unlawful acts where computer is used either as a tool; or a target; or both.

CYBERLAW - AN OVERVIEW
Cybercrimes can be basically divided into three major categories:

1. Cybercrimes against persons.

2. Cybercrimes against property. 3. Cybercrimes against government.

CYBERLAW - AN OVERVIEW
Cybercrimes committed against persons include various crimes like transmission of child-pornography, harassment of any one with the use of a computer such as e-mail. The trafficking, distribution, posting, and dissemination of obscene material including pornography and indecent exposure, is one of the most important Cybercrimes known today.

CYBERLAW - AN OVERVIEW
The second category of Cyber-crimes is Cybercrimes against all forms of property. These crimes include: Computer vandalism (destruction of others' property); Transmission of harmful programmes; Siphoning of funds from financial institutions; Stealing secret information & data.

CYBERLAW - AN OVERVIEW
The third category of Cyber-crimes relate to Cybercrimes against Government. Cyberterrorism is one distinct kind of crime in this category. The medium of Cyberspace is used by individuals and groups to threaten the international governments as also to terrorise the citizens of a country. This crime manifests itself into terrorism when an individual "cracks" into a government or military maintained website.

CYBERLAW - AN OVERVIEW
Electronic Signatures are used to authenticate electronic records. Digital Signatures are one type of electronic signatures. Digital Signatures satisfy three major legal requirements: Signer authentication; Message authentication; and Message integrity. The technology and efficiency of digital signatures makes them more trustworthy than hand written signatures.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW

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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
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.

CYBERLAW - AN OVERVIEW
In view of the increasing threat of terrorism, amended section 69 giving power to the state to direct interception or monitoring of decryption of any information through any computer resource. Sections 69 A and B, grant power to the state to direct blocking for public access of any information through any computer resource and to authorize to monitor and collect traffic data or information through any computer resource for cyber security.

CYBERLAW - AN OVERVIEW
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.

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THANKS
TALWANT SINGH
ADDL. DISTT. & SESSIONS JUDGE: DELHI

talwant@yahoo.com