Introduction To Information Technology Act


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Introduction To Information Technology Act

INFORMATION TECHNOLOGY ACT Introduction The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. Source: en.wikipedia.org Legal framework The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cyber crimes and prescribes penalties for them. The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. Source: en.wikipedia.org Cyber Appellate Tribunal • It also established a Cyber Appellate Tribunal to resolve disputes rising from this new law. • The Act also amended various sections of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant with new technologies. Source: en.wikipedia.org Amendments • A major amendment was made in 2008. It introduced Section 66A which penalized sending "offensive messages". • It also introduced Section 69, which gave authorities the power of "interception or monitoring or decryption of any information through any computer resource”. Source: en.wikipedia.org Additional Provisions • Additionally, it introduced provisions addressing - pornography, child porn, cyber terrorism and voyeurism. • The amendment was passed on 22 December 2008 without any debate in Lok Sabha. The next day it was passed by the Rajya Sabha. It was signed into law by President Pratibha Patil, on 5 February 2009. Source: en.wikipedia.org Importance of the Information Technology Act • The Indian government closely connects data to citizens' privacy and this is demonstrated when Shiv Shankar Singh states, "Each person must be able to exercise a substantial degree of control over that data and its use. • Data protection is legal safeguard to prevent misuse of information about individual person on a medium including computers." Source: en.wikipedia.org List of offences and the corresponding penalties Section Offence Penalty Imprisonment up to three years, 65 Tampering with computer source documents or/and with fine up to ₹200,000   Imprisonment up to three years, 66 Hacking with computer system or/and with fine up to ₹500,000 Receiving stolen computer or communication Imprisonment up to three years, 66B device or/and with fine up to ₹100,000 Imprisonment up to three years, 66C Using password of another person or/and with fine up to ₹100,000 Source: en.wikipedia.org List of offences and the corresponding penalties cont. Section Offence Penalty 66D Cheating using computer resource Imprisonment up to three years, or/and with fine up to ₹100,000 66E Publishing private images of others Imprisonment up to three years, or/and with fine up to ₹200,000 66F Acts of cyberterrorism Imprisonment up to life. Publishing information which is obscene in electronic Imprisonment up to five years, 67 form. or/and with fine up to ₹1,000,000 Source: en.wikipedia.org List of offences and the corresponding penalties cont. Section Offence Penalty 67A Publishing images containing sexual acts Imprisonment up to seven years, or/and with fine up to ₹1,000,000 67C Failure to maintain records Imprisonment up to three years, or/and with fine. 68 Failure/refusal to comply with orders Imprisonment up to 2 years, or/and with fine up to ₹100,000 Source: en.wikipedia.org Notable case • In February 2001, in one of the first cases, the Delhi police arrested two men running a web- hosting company. The company had shut down a website over non-payment of dues. The owner of the site had claimed that he had already paid and complained to the police. • The Delhi police had charged the men for hacking under Section 66 of the IT Act and breach of trust under Section 408 of the Indian Penal Code. The two men had to spend 6 days in Tihar jail waiting for bail. Source: en.wikipedia.org