IT ACT 2000...

cyber crime Submitted by shashank on Tue, 03/08/2011 - 05:34 Internet The Act has defined cyber crimes for the first time and provided for penalties, punishment and compensation for hacking, unauthorised access to compu ter networks, altering data-base, introducing computer viruses, disruption of se rvices, copying of Intellectual Property Rights OPR) protected software, tamperi ng with electronic documents and committing electronic forgery. The new cyber la ws have a provision of penalties up to Rs. 1 crore for damaging computer systems and three-year jail term with a fine of Rs. 2 Iakh for hackers. But these penal ties don't mean much if the existing police investigating officers, forensic sci entists, and the judiciary is not familiar with the intricacies of the Internet. The Act covers a totally uncharted field with no past experience even in other countries. Accordingly, future modifications, based on experience, are not ruled out. When most of the police force in the country is not computer literate, how can they keep track of computer-related or Internet-related crimes? Is it reall y feasible for a police officer to track down some computer virus-writer in the neighbourhood or patrol the Internet for child pornography?

The already over-loaded and under-manned judiciary cannot cope with a n entirely new dimension of law breaking. However, the police, the judiciary and the forensic scientists will have to be trained for making them computer savvy for handling cyber crimes. For successful prosecution of the computer crime case s, it is essential that the judiciary is made aware of the associated technologi cal aspects to enable them to appreciate the evidence placed before them and to understand various hurdles in the path of the investigators. The salient feature s of the IT Act 2000 are as follows:

. Provides legal recognition to e-commerce, which means that contracts can be en forced. . Records can be kept in an electronic form. Written records also mean electroni c records for the purposes of law. . Provides legal recognition for digital signatures. Digital signatures to be au thenticated by Certifying Authorities. . Certifying Authorities to be overseen by a Controller of Certifying Authoritie s. . Cyber crimes defined for the first time. . Adjudicating authorities to decide if cyber crimes have been committed. . Cyber Law Appellate Tribunal to be set up to hear appeals against adjudicating authorities. . Amendment of Indian Penal Code (1860), Indian Evidence Act (1872), Bankers' Bo ok Evidence Act (1891) and the Reserve Bank of India Act (1934) to bring them in tune with the information technology regime.

The Act has paved the way for an exponential growth of ecommerce and other Internet enabled services, like e-trading, eshopping and e-banking, The vol

ume of trade through e-commerce in the country stood at Rs 450 crore in the fisc al year 1999-2000, out of which the retail business-to-consumer (82C) transactio ns contributed about Rs. 50 crore and the business-to- business (828) transactio ns accounted for the remaining Rs. 400 crore. The e-commerce business in the cou ntry is estimated to touch Rs. 2,500 crore during the financial year 2000-0 I an d Rs. 10,000 crore during the next financial year.

The provisions of the Act do not apply to a negotiable instrument, a power of attorney, a trust, a will, and any contract for the sale or conveyanc e of immovable property, or any interest in such property. It is significant tha t it applies to any offence or contravention committed outside India by any pers on (irrespective of his nationality), if it involves a computer, computer system , or computer network located in India. It excludes network service providers fr om its ambit for any third party information (that is, any information dealt wit h by them in their capacity as intermediaries) or data made available by them, i f they prove that the offence was committed without their knowledge, and they ha d taken all precautions to prevent such commission. However, more explicitly, va rious computer crimes that are not yet defined in the Act may be taken up to dea l with the rapid technological changes that would be taking place in future.

The Information Technology Act 2000 being India's first cyber law i s the central legislation, which has been passed by the Parliament of India. Int erestingly, it applies not only to the whole of India including the State of Jam mu & Kashmir but also applies to any contravention or violation committed thereu nder by any person anywhere in the world. State Governments have also been given the powers to enact appropriate rules in the field of Information Technology. I n fact, Section 90 of the IT Act categorically states that the State Government may, by notification in the official gazette, make rules to carry out the provis ions of the Information Technology Act. The rules to be made by the State Govern ments may include the electronic forms through which common man communicates wit h the Government Departments or the format in which electronic records shall be filed, created or issued and the manner of payment of any fee or charges for fil ing, creation or issue of any electronic record. The State governments have appr opriate powers to legislate rules there under, apart from having powers to legis late on various steps enumerated in the State List, which is detailed in the Con stitution of India. Of course, it is imperative to note that every rule made by the State Government under Section 90 of the IT Act shall immediately be laid be fore each House of the State legislature for approv