INFORMATION AND TECHNOLOGY ACT, 2000

Group 1

Overview
1. 2. 3. 4. 5.

6.
7. 8.

9.
10. 11.

IT Influence & Uses in Modern Era NASSCOM IT Act 2000 Key Term Definitions Amendments in the IT Act, 2008 E-Commerce, E-Governance, Cybercrime Impact of IT Act Comparative Analyses Debate Case Studies Suggestions and Recommendations

IT Influence & Uses in Modern Era

What exactly is information technology? IT has played an important role in transmitting the

required information at a very high speed.

The Home PC revolution and advent of internet

Areas

Pre IT period

Post IT period Data is transferred

Data Transmission Data is transmitted physically.

electronically.
Paper work Time taken Huge Amount of paperwork. Lot of time was consumed for getting the work done. Physical Labor Reduction in paperwork. Time consumed is almost very less.

There was a lot of involvement of There is a considerable physical labor. reduction in physical labor. People are able to connect with

Connectivity

People were not able to connect

with the people at other end of the others even at the other end of

world. Sharing of
Information

the world. It is very easy to share

It was not easy to share

information with people who were information with people who are at far off places. at far off places.

Widespread Uses of Internet

Purchase of book through amazon.com

Trading shares online through Sharekhan

NASSCOM
Aims and Objectives 1.

2.

3. 4. 5. 6.

Partner with Government of India and State Governments in formulating IT policies and legislation. Partner with global stakeholders for promoting the industry in global markets. Strive for a thought leadership position and deliver world-class research and strategic inputs for the industry and its stakeholders. Encourage members to uphold world class quality standards. Strive to uphold Intellectual Property Rights of its members. Strengthen the brand equity of India as a premier global sourcing destination. Expand the quantity and quality of the talent pool in India.

NASSCOMs Role in Indian IT Sector

NASSCOM proposes new Identification Method

Information Technology Act, 2000

Structure of the Act Main Chapters CHAPTER I CHAPTER III

: PRELIMINARY : ELECTRONIC GOVERNANCE

CHAPTER VI

: REGULATIONS OF CERTIFYING
: DIGITAL SIGNATURE CERTIFICATES : DUTIES OF SUBSCRIBERS

AUTHORITIES
CHAPTER VII CHAPTER VIII

CHAPTER IX
CHAPTER X

: PENALTIES AND ADJUCATION

: THE CYBER REGULATIONS APPELLATE : OFFENCES : PROVISIONS FOR NETWORK SERVICE : MISCELLANEOUS

TRIBUNAL
CHAPTER XI CHAPTER XII

PROVIDERS
CHAPTER XIII Amendment Schedules AMMENDMENT OF THE IPC 1860

AMMENDMENTS TO THE INDIAN EVIDENCE ACT 1872

Objectives of the Act

To facilitate and give legal sanctions to electronic fund transfers between banks and financial institutions. 2. Electronic signature which requires authentication of any information or matter which requires any authentication under any law must be given legal recognition. 3. Facilitating electronic data storage 4. Electronic document filings by Government Departments must be facilitated 5. To give legal recognition for keeping books of account by bankers in electronic forms. 6. It aims to provide a legal framework so that the legal sanctity is accorded to all electronic records and other activities carried out under IT Act First case to be prosecuted by electronic means.
1.

Key Terms under the IT Act, 2000

1.
2. 3. 4. 5. 6. 7.

Computer Network Computer System Asymmetric Crypto System Cyber Security Electronic Signature Intermediary

Key Areas of IT Act, 2000

The highlights of Information Technology Act,

2000 are:1. Legal recognition of electronic signatures and electronic documents. 2. Various types of cybercrimes defined and justice dispensation systems for cybercrimes. 3. Empowerment of Police Officers and other Officers to investigate any public place and arrest without warrant. 4. Amendments in Indian Penal Code, Indian Evidence Act, Banker's Books Evidence Act and Reserve Bank of India Act.

Amendments to IT Act, 2008

1.
2. 3. 4.

5.
6. 7.

Liability of body corporate towards Sensitive Personal Data Introduction of virus, manipulating accounts, denial of services etc made punishable Phishing and Spam Stolen Computer resource or communication device Misuse of Electronic signature Cheating Cyber terrorism

E-Commerce
Universal Internet access E-Commerce in India in 2000 Rs. 1,200 Crore E-Commerce in India in 2010 Rs. 31,598 Crore

Source: Ministry of Communication and IT

Cyber Crime
Cybercrime can be categorized in two ways: 1. Crimes with computer as a target 2. Crimes utilizing computer as a weapon

The subject of Cyber Crime may be broadly classified under the following three groups 1. Offences against individuals 2. Offences against organizations 3. Offences against society at large

Major Provisions and Penalties under IT Act, 2000

Sec 43: Damage to Computer Systems etc Sec 66: Hacking (With intent or knowledge) Compensation of Rupees One Crore Fine of two Lakh Rupees, and Imprisonment for 3 years Sec 68: Publication of Obscene material in e- Fine of 1 lakh Rupees, and imprisonment of 5 form years, and double conviction of second offence

Sec 70: Attempting or Securing access to Imprisonment upto 10 years computer Sec 72: For Breaking Confidentiality of the Fine upto 1 lakh, and imprisonment upto 2 years

information of computer
Sec 73: Publishing false electronic signature, Fine of 1 lakh, or imprisonment of 2 years or both false in certain particulars Sec 74: Publication of electronic signature Imprisonment for the term of 2 years and fine for 1

for fraudulent purpose

lakh Rupees

Visible Impact of IT Act

Cyber Crimes Statistics in India

Cyber Crimes (IT Act + IPC Sections) increased by 22.7% in 2007 as compared to 2006 (from 453 in 2006 to 556 in 2007) 2. Cyber Forgery 64.0% (217 out of total 339) and Cyber Fraud 21.5% (73 out of 339) were the main cases under IPC category for Cyber Crimes. 3. 63.05% of the offenders under IT Act were in the age group 18-30 years (97 out of 154) and 55.2% of the offenders under IPC Sections were in the age group 30-45 years (237 out of 429).
1.

IT in Banking Sector
1. 2. 3. 4.

5.

Increased operational efficiency, profitability & productivity Superior customer service Multi-channel, real-time transaction processing Efficient NPA(Non-Performing Asset) and risk management Minimal transaction costs

Comparative Analysis: India & Singapore

INDIA Information Technology Act, 2000 SINGAPORE Computer Misuse Act, 1998

Rules for Information Technology Act, Defamation Act, 1957 (Amended in 2000 1985) Electronic Transaction Act, 1998 Information Communications

development Authority of Singapore

Act, 1999 Spam Control Act, 2007

Statistical Comparison
Singapore

India

Top 3 computer crimes in both countries, 2008

COUNTRY 1ST CRIME CATEGORY INDIA Phishing(Fraud) 2nd CRIME CATEGORY Virus/ Malicious Code(Hacking) SINGAPORE Hacking Fraud Website Compromise & Malware Propagation(Hacking) Intellectual Property Theft 3RD CRIME CATEGORY

Case Studies
1.

UTI Bank Hooked Up In A Phishing Attack: January 15th 2007

Avnish Bajaj vs. State (N.C.T.) of Delhi, 2005

2.

DEBATE
Suggestions and Recommendations
1. Maintaining Government documents in

Electronic form 2. Stricter Anti-Spam Law 3. Regulatory control against Cyber Terrorism 4. Greater role of RBI

Bibliography
1. 2. 3. 4. 5. 6. 7.

8.

Law of Cyber Crimes and Information Technology Act S V Joga Rao Business Law for Management K R Bulchandani Anamika Saxena (LLM) for primary data http://www.ibef.org/industry/informationtechnology.a spx http://indiafacts.in/statistics/cyber-crimes-statisticsin-india/ http://www.kpmg.com.sg/publications/forensics_Fra udSurvey2008.pdf http://www.cyberlawconsulting.com/cybercases.html http://online.wsj.com/article/SB10001424052748704

THANK YOU
Group Members: ANANTH H. IYER ALMALIK RAJPARI AMRISH DOLAS ABHYUDAI YADAV BENCY FERNANDES DHARMENDRA SIPANI KAUSTUBH LELE NITIN UPADHYAY