25-08-2017, 09:32 PM
CYBER LAWS (TT ACT, 2000)
The United Nations Commission on International Trade Law UNCITRAL adopted the model law on Electronic Commerce in 1996. The General Assembly of United Nations by its resolution No. 51/162 dated 30th January, 1997 recommended that all states should give favorably considerations to the said model law when they enact or revise their laws. In discharge of International responsibility Govt. of India enacted a new law in the year 2000 known as IT Act, 2000 is the Indian Cyber Law.
Essence of the Act
1 Legal recognition of Electronic Document.
2 Legal recognition of Digital signatures.
3 Offences & contraventions.
4 Justice Dispensation System for Cyber Crimes.
Objectives of the ACT:-
a. To grant legal recognition to transactions carried out by means of electronic data interchange.
b. To give legal recognition to digital signatures.
c. To give legal recognition for keeping book of accounts by bankers in electronic form.
d. To facilitate electronic storage of data.
e. To facilitate electronic filing of documents with govt. departments.
f. To support the admission of computer evidence in courts & arbitration proceedings.
g. To establish cyber Regulations Appellate Tribunal for hearing appeals against the decisions of the adjudicating officers.
Information Technology Act, 2000
Digital Signature: - the term digital signature is defined in section 2 (p) as under:-
Digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provision of section 3 of the act. A digital signature provides convenient method for the receiver of the message to verify & satisfy himself that the message did in fact came from the person who affixed the digital signature to the message. Digital signature contains 1024 sites. So it has a very long life to any person who wants to use digital signature should have an Internet Explorer or Netscape communicator installed in his computer. Thus use of digital signature usually involves two processes one performed by the signee & the other by the receiver of digital signature.
Subscriber:
The term subscriber is defined in the Act Sec 2 as a person in whose name the digital signature certificate is issued.
License to issue Digital Signature Certificate
Electronic Governance
a. Legal recognition of electronic record section 4 of the Act gives legal recognition to electronic records & provides that where any law requires that any information or matter should be in the typewritten or printed form, then such requirement shall be deemed to be satisfied if such information or matter is rendered or made available in an electronic form and accessible so as to be usable for a subsequent reference.
b. Legal recognition of digital signatures section 5 provides that where any law requires that information or document or other matter should be authenticated by signature such requirement shall be deemed to have been satisfied , it is authenticated by means of digital signatures affixed in such a manner as may be prescribed by the rules framed by central govt.
License to issue digital signature certificate
*Section 21 provides that any person may make an application to the controller for a license to issue digital signature certificates.
*Section 22 provides that every application for issue a license shall be in such form as may be prescribed by the central govt.
*A license may be renewed by such form and fees not exceeding Rs. 5000/- which may be prescribed by the central govt.
*Section 24 provides that a controller on receipt of an application V/s 21 after considering the document grant the license or reject the application. No application shall be rejected unless the application has been given a reasonable opportunity of presenting his case.
*Section 25 provides that a controller may revoke the license if he is satisfied after enquiry, as he may think that a certifying authority has done against the provisions of the Act, obtained certificate by presenting fraudulent papers or contravening the Act.
*Section 26 provides that the controller shall publish a notice of suspension or revocation of license as the case may be in the data base maintained by him.
Digital Signature Certificate: Digital signature certificate are electronic files that are used to identify people & resources over the internet. It secures communication between the parties. A digital signature certificate securely binds the identity of a subscriber section 35 of the Act empowers certifying authority to issue digital signature certificate. The govt. has the power to prescribe different fees for different class of applicants. The maximum fees cannot be exceeding Rs. 25000/- no application for DSC shall be rejected before giving reasonable opportunity of showing cause.
*U/s 37, a DSC can be suspended which will not for a period of 15 days unless the subscriber has been given an opportunity being heard.
* U/s 38 a DSC can be revoked upon the death of subscriber, dissolution of a firm or winding up of a
Penalty for damage to computer, computer system, etc….. Section 43 provides penalty for damage caused to any computer network etc. by introduction of any computer virus, unauthorized access & other type of mischief as follows:-
1. Access or secures access to such computer, computer system or computer network.
2. Download copies or extracts any data computer data base or information from such computer
3. Disrupts or causes disruption of any computer, computer system or computer network.
He shall be liable to pay damages by way of compensation not exceeding Rs. One Crore to the person affected.
Penalty for failure to furnish information, return etc.
a. If anyone fails to furnish any document, report or return to the controller of the certifying authority, he shall be liable to a penalty not exceeding 1.5 lacs for each such failure.
b. If he fails to maintain book of account or records, he shall be liable to a penalty not exceeding Rs. 10,000/- for every day during which the failure continues.
Power to Adjudicate:
For the purpose of adjudication, the central govt. is empowered u/s 46 to appoint any officer, not below to rank of director to the Govt. of India to be an adjudicating officer.
APPELLATE TRIBUNAL: -
Section 48-64 deals with the establishment of Appellate authority. Section 48 provides for the establishment by Central Govt. of one or more Appellate Tribunal. Any person aggrieved by an order made by the controller or an adjudicating officer may file an appeal before a Cyber Regulations Appellate Tribunal within a period of 45 days of the order. Civil courts cannot entertain any suit which an adjudicating authority or tribunal is empowered to handle. The civil courts have no power to grant injunction in respect of these matters. Any aggrieved by an order of Appellate Tribunal may file as appeal to the High Court within 60 days from the date of communication of the order or decision of the Cyber Appellate Tribunal.
Offence
i. Tampering with computer source document fine up to Rs. 2.0 lacs imprisonment up to 3 years or with both.
ii. Hacking with computer system – fine up to Rs. 2.0 lacs, imprisonment up to -3 years or with both.
iii. Publishing of information which is obscene in Electronic Form:
First conviction fine 1.0 lacs, imprisonment up to 5 years.
Second conviction fine 2.0 lacs, imprisonment up to 10 years.