MODULE 4 : Cyber laws
The IT Act 2000 is India's primary law for electronic commerce and cybercrime, enacted to provide legal recognition to electronic records and digital signatures, and to prevent cybercrimes and electronic fraud.
🔽SCOPE OF IT Act, 2000:🔽
Legal Recognition of Electronic Transactions:
It makes electronic commerce and other electronic communication methods legally valid, providing an alternative to traditional paper-based methods.
Digital Signatures:
The Act recognizes digital signatures as the legal equivalent of physical signatures, allowing for the verification of electronic documents.
Electronic Filing with Government Agencies:
It facilitates the electronic submission of documents to government departments and agencies, streamlining processes and improving efficiency.
Cybercrime and Cybersecurity:
The Act criminalizes various cybercrimes, including hacking and the spreading of viruses, and provides a framework for monitoring and regulating online content and maintaining cybersecurity.
Data Protection and Privacy:
It establishes rules for the collection and use of personal information and grants individuals the right to seek compensation for damages or misuse of their data.
Key Objectives
Legal recognition of digital transactions:
To give legal validity to electronic records, digital signatures, and online transactions, treating them on par with physical documents and handwritten signatures.
Facilitation of e-commerce and e-governance:
To enable and encourage the electronic delivery of government services and facilitate digital transactions between businesses and individuals.
Prevention and punishment of cybercrimes:
To deter and penalize computer-related offenses such as data theft, hacking, identity theft, and cyberstalking, thereby creating a secure cyber environment.
Protection of internet users' privacy:
To safeguard individuals from various online threats, including identity theft, online fraud, and the exposure of sensitive personal data.
Regulation of electronic activities:
To establish rules and regulations for governing the use of electronic media, communication, and commerce.
Encouragement of IT and IT-enabled services:
To foster growth, innovation, and entrepreneurship within the Indian IT and IT-enabled services sectors.
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AUTHETICATION OF ELECTRONIC RECORDS
Under the IT Act 2000 (India), a subscriber can authenticate an electronic record by affixing their digital signature.
Authentication of an electronic record confirms its origin and ensures its integrity, typically achieved through a digital signature or other reliable electronic authentication technique.
Digital signatures use a pair of public and private keys and a hash function to create a unique, tamper-evident record, verifiable by anyone using the sender's public key. Other reliable methods, as defined by regulations, can also be used to authenticate records.
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Specific Powers of the Central Government:
1.Rule-Making Power:
The Central Government has the power to make rules under various sections, including Sections 69A, 79, and 87, to regulate information and the functioning of government agencies and intermediaries.
2.Appointment of Officers:
It can appoint a Controller, Deputy Controllers, and Assistant Controllers to oversee the Act's implementation and can prescribe their qualifications and terms of service.
3.Interception and Monitoring:
The Act empowers the Central Government to intercept, monitor, or decrypt information stored, received, or sent through a computer resource.
4.Traffic Data Collection:
It can also collect "traffic data" – information about who is communicating with whom, where they are located, and for how long – to improve cybersecurity.
5.Adjudication of Offences:
The Central Government can appoint Adjudicating Officers with quasi-judicial powers to hold inquiries into complaints and adjudicate offenses under the Act.
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Certifying Authority (CA)
Under the Indian IT Act, 2000, a Certifying Authority (CA) is a licensed entity that issues Digital Signature Certificates (DSCs) to authenticate users for electronic transactions.
These CAs are regulated by the Controller of Certifying Authorities (CCA), who is appointed by the Central Government under the Act.
The CCA ensures CAs comply with regulations, issues licenses to qualified applicants, and maintains the National Repository of Digital Certificates (NRDC) containing all issued certificates.
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Duties of subscribers
In India's IT Act, 2000, a subscriber is the individual or entity in whose name a Digital Signature Certificate (DSC) is issued.
The duties of a subscriber, as defined in Sections 40, 41, and 42 of the IT Act, 2000, are centered around their digital signature certificate:
DIGITAL SIGNATURE
In India's IT Act, 2000, a digital signature is an electronic method for authenticating an electronic record by a subscriber using a public and private key pair, providing security, integrity, and legal recognition to digital transactions.
PRIVATE KEY
In India's IT Act, 2000, a private key is a secret, unique cryptographic key used by a subscriber to create a digital signature, thereby authenticating electronic records and ensuring the integrity and authenticity of digital transactions.
PUBLIC KEY
In the context of the IT Act 2000, a public key is a component of Public Key Cryptography that is publicly available and used to encrypt messages intended for a recipient or to verify digital signature.
PENALTY AND ADJUDICATION
In India's Information Technology Act, 2000, penalty refers to a monetary fine imposed for violating the Act's provisions
adjudication is the process by which a government-appointed officer holds an inquiry to determine if a contravention has occurred and to decide on the penalty or compensation to be paid to the affected party.
The adjudicating officer considers factors like the unfair advantage gained or loss caused by the violation when determining the penalty
CRAT
The Cyber Regulations Appellate Tribunal (CRAT), now known as the Cyber Appellate Tribunal (CAT), was an Indian judicial body established under the Information Technology Act, 2000 to hear appeals against decisions of Adjudicating Officers and the Controller of Certifying Authorities.
The tribunal functioned as a specialized forum for resolving cyber-related disputes and had powers similar to a civil court, including examining witnesses and issuing orders.
Its establishment aimed to provide a fair process for individuals and businesses affected by cyber laws and electronic commerce activities.
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