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INTRODUCTION
Information Technology Act 2000, is to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code
Information Technology Act 2000, has 13 chapters, 94 sections and 4 schedules. – First 14 sections deals with some legal aspects concerning digital signature. – Further other sections deal with certifying authorities who are licensed to issue digital signature certificate. – Sections 43 to 47 provide for penalties and compensation. – Sections 48 to 64 deals with Tribunals a appeal to high court. – Section 65 to 79 of the act deals with offences. – Section 80 to 94 deals with miscellaneous of the Act.
PROVISIONS OF IT ACT
The act made a provision for recognition of electronic documents. To provide legal recognition for transactions-1) carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”.2) To facilitate electronic filing of documents with government agencies and e-payments.
Section 3(2000) :(1) Any subscriber may authenticate an electronic record by affixing his digital signature.(2) The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record.
(as per the revised amendments):(1) A subscriber may authenticate any electronic record by such electronic signature or authentication technique is considered reliable and may be specified in second schedule.(2) Central govt. may prescribe procedures for the purpose of ascertaining whether the e-signature of the person from whom it is purported to be authenticated.
Section 4: Legal Recognition of Electronic Records
An electronic record is equivalent to a written record. Only ifsuch information is-
(a)rendered or made available in an electronic form; and(b)accessible so as to be usable for a subsequent reference.
10A Validity of contracts formed through electronic means (Inserted by ITAA 2008)
Electronic communication is a valid means of communication for the formation of an agreement
Section 13(3):Time and place of despatch and receipt of electronic record
An electronic document is deemed to be sent and received by the parties from their respective places of business. For the purposes of this section –
(a)if the originator or the addressee has more than one place of business, the principal place of business shall be the place of business.
(b)if the originator or the addressee does not have a place of business, his usual place of residence shall be deemed to be the place of business.
©"Usual Place of Residence", in relation to a body corporate, means the place where it is registered.
Section 43(A): Compensation for failure to protect data: Act provides for damages for the wrongful disclosure of personal data which constitute it as a criminal offence.
It provides a civil remedy by requiring a “body corporate” to pay damages to affected person.
Sensitive personal data or information such as password , financial information , sexual orientation, medical records should not be freely available in public.
Section72 (A): Punishment for Disclosure of information in breach of lawful contract (2008)
Any person including an intermediary who, while providing services under the terms of a lawful contract, has secured access to any material containing personal information about another person, with the intent to cause wrongful loss or gain without the consent of the person concerned, shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees.
Section 69(A )ower to issue directions for blocking public access of any information through any e-resourceCentral govt. has the power to intercept and de-encrypt electronic data in the interest of national security and for prevention of commission of crime.
Section 79:The function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted.
Section 66: Computer related offencesAs per the act computer and other informational activities which intend to cause damage to others are considered as offences & punishment are prescribed for the same.
Sending any electronic mail or electronic message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such message is a punishable offence.
Punishment for dishonestly receiving stolen computer resource or communication device.
Punishment for identity theft.
Violation of privacy and publication and transmitting of obscene material in electronic form is a punishable offence.
OBJECTIVES
The objective is to give legal recognition to any transaction which is done electronically.
To give legal recognition to digital signature for accepting any agreement via computer.
To provide facility of filing forms online for admissions to college and schools or registration in employment exchange.
To stop cyber crime and protect privacy of users.
To establish a regulatory body to supervise the certifying authorities issuing digital signature certificates.
To make consequential amendments in the Indian Penal Code, 1860 and the Indian Evidence Act, 1872 to provide for necessary changes in the various
provisions which deal with offences relating to documents and paper based transactions.
To amend the Reserve Bank of India Act, 1934 so as to facilitate electronic fund transfers between the financial institutions.
To amend the Banker’s Books Evidence Act, 1891 so as to give legal sanctity for books of accounts maintained in the electronic form by the
DEFINITIONS
PRIVATE KEY: The private key means the key of a key pair, that is used to create “DIGITAL SIGNATURE”.
PUBLIC KEY: The public key means the key of a key pair, used to verify a digital signature and listed in the digital signature certificate.
DIGITAL SIGNATURE: is recognised as a valid method of authentication. The authentication is to be effected by the use of “asymmetric crypto system and hash function” , which envelop and transform the electronic record into another electronic record.
APPELATE BODY: The act provides for the establishment of one or more Cyber regulations appelate tribunal and lays down various provisions regarding its jurisdiction , composition and power.
CRAT: Each Cyber Appelate Tribunal is to consists of only one person(called presiding officer). He must be a person who is, or who has been or is qualified to be a High court judge, or a person who is or has been a member of Indian Legal Service and who has held a post in Grade 1 of the service for atleast 3 years. The officer will have tenure of 5 years or until he attains the age of 65 years, whichever is earlier.
CYBERTERRORISM: If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, which the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism.
HACKING: If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.
AMENDMENTS OF IT ACT,2000
Section 66(A)
Any person who sends, by means of a computer resource or a communication device, any information that is grossly offensive or has menacing character
Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device
Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to three years and with fine.