Law for Dhawal

8/8/2019 Law for Dhawal

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Anika Vipani 6

Avinash Singh 8

Clifford Bansode 9

Dhaval Mehta 10

Hussain Safri 16

Jhanvi Desai 17Jitendra Shah 18

Kamakshi Kore 19

Karan Sukhani 20


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Enacted in June 2000

Technology the new age

Objectives:

To facilitate electronic filing of documents with theGovernment agencies

To amend the Indian Penal Code, the Indian Evidence Act,

1872, the Banker's Book Evidence Act, 1891 and the Reserve

Bank of India Act, 1934


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Digital Signature

Asymmetric Crypto System

Certifying Authority

Controller

Hash Function


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Algorithms

Special Purpose Hash functions

Hashing With Checksum Functions

Audio Identification


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The Oxford Reference Online defines cyber crime ascrime committed over the Internet.

Universally cyber crime is understood as an unlawfulact wherein the computer is either a tool or a target orboth.


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CYBERCRIMESCYBER

CRIMES

FINANCIALFINANCIAL

PORNO -GRAPHYPORNO -GRAPHY

SALE OF

ILLEGALARTICLES

SALE OF

ILLEGALARTICLES

ONLINEGAMBLINGONLINEGAMBLING

PROPERTYPROPERTYE MAILSPOOFING

E MAILSPOOFING

FORGERYFORGERY

CYBERDEFAMATION

CYBERDEFAMATION

CYBERSTALKING

CYBERSTALKING


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Three people held guilty in online credit card scam.

UTI Bank hooked in a Phishing Act.

Juhu Police arrest 5 Nigerians.

Orkut A new danger.

E-bays India chief arrested in porno case.


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Juvenile Computer Hacker Sentenced to Six Months in DetentionFacility. Case marks first time a juvenile hacker sentenced to serve

time.

Juvenile Arrested for Releasing Variant of Blaster ComputerWorm That Attacked Microsoft.

In Manila, Philippines, a case involving an employee accused ofhacking and stealing company secrets was filed with the

Department Of Justice Task Force in July 2008.


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"Any criminal activity that uses a computer either as aninstrumentality, target or a means for perpetuating further crimescomes within the ambit of cyber crime," says Supreme Court

advocate and cyber law expert Pavan Duggal.

Saileshkumar Zarkar, technical advisor and network securityconsultant to the Mumbai Police Cyber crime Cell, advocates the5P mantra for online security: Precaution, Prevention, Protection,

Preservation and Perseverance.

Mumbai-based lawyer and cyber law specialist Prathamesh Popat,says, "The IT Act, 2000 is not comprehensive enough and doesn't

even define the term 'cyber crime'".


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The National Association of Software and ServicesCompanies (NASSCOM), serves as an interface to theIndian software industry and Indian BPO industry.

Set up to facilitate Indian business and trade insoftware and services.

Membership includes domestic software / ITEScompanies as well as multinationals operating in India.


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Endeavors to leverage IT and narrow the digital divide

in India.

Partnership with Govt. of India, global stakeholders.

Encourage members to uphold world class qualitystandards.

Strive to uphold Intellectual Property Rights of itsmembers.


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Strengthen the brand equity of India as a premier

global sourcing destination.

Expand the quantity and quality of the talent pool in

India.

Devise strategies to achieve shared aspirations for theindustry and the country.

Initiatives to deter and discourage piracy.


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Penalty for damage to computer, computer system etc.

Penalty for failure to furnish information return, etc.

The offender would be liable to pay compensation not

exceeding Rs. 1 Crore .

If any person contravenes any rules or regulations for which

no specific penalty is prescribed, he will be liable to pay

compensation not exceeding Rs. 25,000.


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Tampering with computer documents will be penalized toimprisonment up to 3 years or fine up to 2 lakhs.

Dissemination of obscene information is punishable toimprisonment of 2 years and a fine of Rs. 25000 for firstconviction.

For subsequent conviction the imprisonment is for 3 yearsand fine of Rs.50,000.


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The Union Cabinet gave its approval on Oct 19,2006 to

the amendment proposed in the Information TechnologyAct,2000.

Publishing sexually explicit materials in electronic form,

Video voyeurism.

Breach of confidentiality and leakage of data by

intermediary.


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E-commerce frauds like impersonation commonly

known as Phishing.

Identity theft.

Defamatory message through communication services.


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REVOLUTION

BY IT INVARIOUSSECTORS

RETAIL

BANKING

STOCKMARKETS


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Loopholes Improvements needed

No clear provision for handling ofdomain name issues.

The act needs amendment for

handling domain name issues andrelated concerns.

Cyber theft, cyber stalking, cyberharassment and cyber defamation are

presently not covered under the act.

These crimes need to have specificprovisions in the act to enable the

police to take quick action.

Jurisdiction problems are likely to ariseas the act applies to both Indians and

foreign citizens.

There should be clear briefs on how theact will apply to any offence, and how

action will be taken against any personwho has committed the crime outside .


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The fundamental approach of the Act is towards validating andlegalising electronic and on-line transactions.

Business transaction costs will be curtailed and transactionvolumes will grow manifold. Computer and Cyber Crimes willhopefully be curbed and offenders will be strictly penalized.

Private and Non Governmental organizations must play an activerole in communicating cyber laws to the masses.

Co-ordination amongst the organizations, police and judiciarywill definitely create some impact and minimize the crime rate.

The IT Act 2000 attempts to change outdated laws and providesways to deal with cyber crimes. We need such laws so that peoplecan perform purchase transactions over the Net through credit

cards without fear of misuse.


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While legislation will always be lacking behind as time andtechnology progress, the Parliament must ensure that it keepsamending the law and enacting new laws to keep pace with ever-

changing standards.

India is amongst few of the countries in the world which haveany legal framework for e-commerce and e-governance. Indian

industry projections indicate that business transactions over the netwould cross Rs. 2500 crore (Rs.25 Billion) by 2002.

The correct and honest implementation of this Act woulddefinitely be a boon to the Indian InfoTech Sector.

This Act is not the end but only a beginning to a plethora oflegislation that still needs to be formed. It leaves various issuesuntouched, some of them relating to intellectual property rights,

data protection and taxation.


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Documents

Law for Dhawal