KANHAIYA KUMAR (215)RAHUL PANDEY (229)

"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

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.

Cyber law encompasses laws relating to:1. Cyber Crimes2. Electronic and Digital Signatures3. Intellectual Property4. Data Protection and Privacy

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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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