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Information Technology Act 2000

and Amendments therein

E K Bharat Bhushan

Joint Secretary and Financial AdvisorDepartment of Information Technology

Digital Revolution Internet Infra in INDIA

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4.8 Mil. High Speed Internet

65 Mil. Internet Users

248 Mil. Mobile Phones

8 Mil. Mobile Phones being added per month

Internet

BSNL

Bharti

TATA Communications

Reliance

ERNET

Mail Servers

1Mil. Domains(0.5 Mil. “.in”)

DNS

130+ IDCs 134 Major ISPs

134 Major ISPs

`

VOIP, IPTV

NIC

INDIA Internet Infrastructure:2008.5

Govt.

Academia

Enterprise

Home

Tele Density 24 per 1000 person

IT / ITES BPO

Targetted Broadband connection = 10 Mil. (2010)

THREE OUTSTANDING FEATURESWHICH MAKE DIGITAL REVOLUTION UNIQUE ARE THE RESULTANT

1. Cyberspace

2. Knowledge Economy

3. Speed with which it has transformed

industrial economy into a knowledge

Economy

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LEGAL PROBLEMS OF THE NEW TECHNOLOGY

• APPLICATION OF JURISPRUDENTIAL CONCEPTIONS TO CYBERSPACE.

• FRAGILE EVIDENCE

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VANISHING BORDERS IN CYBERSPACE

• Sovereignty and exercise of Jurisdiction which are attributes of statehood are linked to territorial nexus

• In Cyberspace territorial boundaries are meaningless

• Internet address has no relation to the physical location of the computer or its user

• Law implies the application of coercive force but this is not feasible over individuals not within the territory

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ANONYMITY AND PSEUDO-ANONYMITY

• Cyberspace permits anonymity and

pseudo anonymity

• Users can mask their real flesh and blood

identities and assume digital avtars

• anonymous remailers facilitate sending

messages without revealing their identity

or origin 6

CHALLENGE OF CYBERSPACE

Cyberspace calls into question many

traditional legal conceptions like

• Ownership

• Freedom of expression

• Liability

• Property etc

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INFLUENCE OF US CONSTITUTIONAL AND LEGAL DOCTRINES ON GROWTH OF CYBERLAW

Internet is a product of US Technology, so issues relating to Internet are heavily flavoured by US Constitutional and Legal doctrines

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TWO SCHOOLS OF THOUGHT ON GOVERNANCE OF CYBERSPACE

Regulation skeptics Governments should not regulate CyberspaceReasons•Laws involved on geographical basis have no application to cyberspace which is borderless•Cyberspace transactions occur simultaneously in all jurisdictions assumption of jurisdiction by multiple states will lead to jurisdictional mayhem•Architecture of Cyberspace precludes previous notice of applicable laws 9

RELATIONSHIP BETWEEN LAW AND SOCIAL CHANGE

“The controversy between those who believe that law should essentially follow and not lead and it should do so clearly formulated social sentiment and those who believe that law should be determined agent in the creation of new social norms is one of the recurring themes in the history of legal thought”

PROFESSOR WOLFGANG FRIEDMANN – Law in the Changing Society

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Salient features of the ActThe salient features of the Information Technology Act, 2000 are

as follows:—

(i) Extends to the whole of India (Section 1) (ii) Authentication of electronic records (Section 3) (iii) Legal Framework for affixing Digital signature by use of

asymmetric crypto system and hash function (Section 3) (iv) Legal recognition of electronic records (Section 4) (v) Legal recognition of digital signatures (Section 5) (vi) Retention of electronic record (Section 7) (vii) Publication of Official Gazette in electronic form (Section 8) (viii) Security procedure for electronic records and digital

signature (Sections 14, 15, 16) (ix) Licensing and Regulation of Certifying authorities for issuing

digital signature certificates (Sections 17-42) (x) Functions of Controller (Section 18)

Contd..(xi) Appointment of Certifying Authorities and Controller of Certifying Authorities,

including recognition of foreign Certifying Authorities (Section 19) (xii) Controller to act as repository of all digital signature certificates (Section 20) (xiii) Data Protection (Sections 43 & 66) (xiv) Various types of computer crimes defined and stringent penalties provided under

the Act (Section 43 and Sections 66, 67, 72) (xv) Appointment of Adjudicating officer for holding inquiries under the Act (Sections 46

& 47) (xvi) Establishment of Cyber Appellate Tribunal under the Act (Sections 48-56) (xvii) Appeal from order of Adjudicating Officer to Cyber Appellate Tribunal and not to

any Civil Court (Section 57) (xviii) Appeal from order of Cyber Appellate Tribunal to High Court (Section 62) (xix) Interception of information from computer to computer (Section 69) (xx) Protection System (Section 70) (xxi) Act to apply for offences or contraventions committed outside India (Section 75) (xxii) Investigation of computer crimes to be investigated by officer at the DSP (Deputy

Superintendent of Police) level(xxiii) Network service providers not to be liable in certain cases (Section 79) (xxiv) Power of police officers and other officers to enter into any public place and

search and arrest without warrant (Section 80) (xxv) Offences by the Companies (Section 85) (xxvi) Constitution of Cyber Regulations Advisory Committee who will advice the Central

Government and Controller (Section 88)

New Provisions added through Amendments

• New Section to address technology neutrality from Section 3Aits present “technology specific” form (i.e. Digital Signature to Electronic Signature)

• New Section to address promotion of e-Governance Section 6A& other IT application

– Delivery of Service– Outsourcing – Public Private Partnership

• New Section to address electronic contract Section 10A

• New Section to address data protection and privacy Section 43

• Body corporate to implement best security practices Sections 43A &72A

• Multimember Appellate Tribunal Sections 49-52

Contd.• New Section to address new forms of computer misuse

– Impersonation Section 419A– Identity theft and E-commerce frauds Section 417A

like phishing – Video voyeurism Section 502A– Offensive messages and Spam Section

66A– Pornography Section 67A

• Preservation and Retention of Data/Information Section 67C

• Revision of existing Section 69 to empower Central Section 69Government to designate agencies and issue direction for interception and safeguards for monitoring and decryption

• Blocking of Information for public access Section 69A

Contd.• Monitoring of Traffic Data and Information for Section 69B

Cyber Security

• New section for designating agency for protection Section 70Aof Critical Information Infrastructure

• New Section for power to CERT-In to call and Section 70Banalyse information relating to breach in cyber space and cyber security

• Revision of existing Section 79 for prescribing liabilities Section 79of service providers in certain cases and to Empower Central Government to prescribe guidelines to be observed by the service providers for providing services. It also regulate cyber cafes.

• New Section for Examiner of Digital Evidence Section 79A

• New Section for power to prescribe modes of Encryption Section 84A

• Punishment for most of offences were reduced from three years to two years

Thank you

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