AN INTRODUCTION TO

IT LAWS

PRESENTATION PLAN

INTRODUCTION TO SESSION ;

The cyber crimes and laws.

The IT Act, 2000 and IT Amendment Act, 2008.

Protecting Copyright in the digital millennium.

Introduction to Intellectual Property Rights.

E - contract

CYBER CRIME

Cyber Crime is a combination of crime and computer.

EVOLUTION OF CYBER SECURITY LAWS

Data Protection Act, 1988 : Applicable in all countries in Council of Europe. India is not however integrated amoung them.

The Information Technology Act 2000 : India enacted similar Act for regulating the Cyber crime and data protection.

CYBER THREAT

• Data theft : Illegal copying of data. [Theft : Dishonestly taking property without consent. (Sec. 378 of IPC)].

• Breach of Trust : Dishonestly misappropriates or converts entrusted property. (Sec. 405 of IPC)

CRIME AGAINST GOVERNMENT

CRIME AGAINST PROPERTY

CRIME AGAINST PERSON

• Cyber pornography • Sale of illegal articles like narcotics, weapons, wildlife• Online gambling• Cyber terrorism • Money laundering in cyber space• Phishing

• Intellectual Property crimes- software piracy, copyright infringement, trademarks violations, theft of computer source code.

• Data spoofing• Forgery• Defamation• Cyber stalking• Skimming

INFORMATION TECHNOLOGY ACT 2000

• The Act essentially deals with the following issues;• Legal Recognition of Electronic Documents.• Legal Recognition of Digital Signatures.• Offenses and Contraventions.• Justice Dispensation Systems for cyber crimes.

• The Act amended on 5 Feb 2009 Some of the notable features are;• Focusing on data privacy and Information Security.• Defining cyber cafe.• Authentication of digital signature technology.• Defining reasonable security practices to be followed by corporate.• Redefining the role of intermediaries.• Recognizing the role of Indian Computer Emergency Response Team.• Inclusion of cyber crimes like child pornography and cyber terrorism.

IT ACT AN OVERVIEW

• Chapter III discusses procedures and the legal recognition of electronic

records and signature and recognition to the validity of contracts formed

through electronic means.

• Section 43 deals with penalties and compensation for damage to

computer, computer system, data theft and breach of trust etc.

• By this sec. data theft became just like physical theft or larceny of goods

and commodities.

By Section 43A corporates are under an obligation to ensure adoption of

Reasonable Security Practices.

• Site certification.

• Security initiatives.

• Awareness Training.

• Conformance to Standards, certification.

• Policies and adherence to policies.

• Policies like password policy, Access Control, email Policy etc.

• Periodic monitoring and review.

CRIMINAL LIABILITY CIVIL LIABILITY

• Tampering with source documents(Sec.65)• Computer related offences (Sec 66)• Sending offensive messages through communication service, causing annoyance etc (Sec 66A)• Dishonestly receiving stolen computer resource or communication device (Sec 66B )• Electronic signature or other identity theft like using others’ password or electronic signature etc.(Sec 66C)• Cheating by personation using computer resource or a communication device .(Sec 66D)• Privacy violation (Sec 66E)• Cyber terrorism (Sec 66F)• Publishing or transmitting obscene material in electronic form. (Sec.67)

• Penalties and compensation for damage to computer, computer system etc. (Sec 43).

Acts amended by the IT Act ;

• The Indian Penal Code, 1860

• The Indian Evidence Act 1872

• Reserve Bank of India Act, 1934

• Companies Act, 2013

• Indian Copyright Act, 1957

INTELLECTUAL PROPERTY RIGHTS (IPR)

• Intellectual Property (IP) is defined as any "original creative work manifested

in a tangible form that can be legally protected".

• Sec. 2(ffc) of the Copyright Act, defines a computer program. And it

included in the definition of literary work.

• Computer software is “computer program” within the meaning of the

Copyright Act.

• Creator is the First owner of copyright.

• Copyright subsists in a computer program for 60 years.

• According to section 14 of the Copyright Act, "copyright" means the

exclusive right to do (or authorize the doing of) any of the following:• To fix information in any tangible form

• To reproduce copyrighted work

• To sell, rent, lease or otherwise distribute copies

• Perform and display copyrighted work

• To prepare derivatives of a copyrighted work.

• According to section 30 of the Copyright Act, the following can grant

interest in a copyright by way of licenses:• The owner of the copyright in any existing work.

• . The prospective owner of the copyright in any future work.

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LICENCE The permission granted by competent authority to exercise a certain privilege.

Type of Software licenses :

• Time-based licenses where the license expires after a particular time

period.

• User-based licenses where the license fee depends upon the number of

computers on which the software will be installed

• Feature-based licenses where the license fee depends upon the features

that are required by the user.

INFRINGMENT AND REMEDIES

The copyright in a computer program is deemed to be infringed when

any person act in contravention of the conditions of a license or use it

without a license.

Offences:

Sec. 65 : Any person who knowingly makes, or possess any work which

protected by copy right for the purpose of making infringing copies is

punishable with imprisonment which may extends to 2 yrs. and with fine.

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CIVIL REMEDIES

• Suit for damages.

• Suit for injunction.

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E- CONTRACTING

• Essential of contract (Sec.10 of Indian contract Act, 1872)

Offer & Acceptance - competent parties – consideration- lawful object – consent

• Forming an e- contract through website;• Click wrap - By clicking on 'I agree'

• Browse wrap - Implied agreement by surfing website

• Shrink wrap - Terms and conditions inside the box. If user does not

agree with its terms within in a particular time, product can return.

• Sec. 10 A of IT Act confers the validity of E- contract.

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Thank

you