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MODULE 5
27.1 IT ACT: AIM AND OBJECTIVES
Q.Explain the aims and objectives of IT act 2000. ➢ The information technology act ,2000 is an important law related to Indian cyber law. ➢ The act strives to achieve the following objectives:
- To give legal recognition to transactions done by electronic way or by use of the internet.
- To grant legal recognition to digital signature for accepting any agreement via computer. 3. To provide facility of filling documents online.
- To authorize any undertaking to store their data in electronic storage.
- To prevent cyber crime by imposing high penalty for such crimes and protect privacy of internet users.
- To keep legal recognition for keeping books of account by bankers and undertaking in electronic form.
27.2 SCOPE OF THE ACT
➢ The act attempts to address the following issues: 1.legal recognition of electronic documents.
**_2. legal recognition of digital signatures.
- offences. 4.justice dispensation for cyber crimes. Q.Define the following terms wrt to IT act 2000(any terminologies can be asked)_**
27.3 MAJOR CONCEPTS
- "Access” : means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;
- "Addressee" :means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
- "Adjudicating officer" : means an adjudicating officer appointed.
- "Affixing digital signature" : adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature;
- "Appropriate Government" : means as respects any matter,— relating to any State law enacted under List III of the Seventh Schedule to the Constitution,
- "Asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;
- "Certifying Authority" means a person who has been granted a license to issue a Digital Signature Certificate under section 24;
- "Certification practice statement" means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing Digital Signature Certificates;
- "computer" means any electronic magnetic, optical or other high- speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network; 10."Computer network" means the interconnection of one or more computers through— ➢ the use of satellite, microwave, terrestrial line or other communication media; and ➢ terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained;
- "computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions; 12 ."data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer; 13." digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;
✓ that two electronic records can produce the same hash result using the algorithm.
- Any person by the use of a public key of the subscriber can verify the electronic record.
- The private key and the public key are unique to the subscriber and constitute a functioning key pair.
27.4.2 ELECTRONIC GOVERNANCE : Legal recognition of electronic records.
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is— (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.
27.4.3 Legal recognition of digital signatures
➢ Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.
27.4.4 Use of electronic records and digital signatures in Government and its
agencies.
- Where any law provides for— ✓ the filing of any form. application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner; ✓ the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner; ✓ the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate
Government.
- The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe— ✓ the manner and format in which such electronic records shall be filed, created or issued; ✓ the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).
27.4. 6 Retention of electronic records.
- Where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if— (a) the information contained therein remains accessible so as to be usable for a subsequent reference; (b) the electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received; (c) the details which will facilitate the identification of the origin, destination, date and time of despatch or receipt of such electronic record are available in the electronic record:
27.4.7 Publication of rule, regulation, etc., in Electronic Gazette.
➢ Where any law provides that any rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette: ➢ Provided that where any rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette, the date of publication shall be deemed to be the date of the Gazette which was first published in any form.
27.4.7 Power to make rules by Central Government in respect of digital signature.
➢ The Central Government may, for the purposes of this Act, by rules, prescribe— ➢ the type of digital signature;
within a reasonable time, then the originator may give notice to the addressee stating that no acknowledgment has been received by him and specifying a reasonable time by which the acknowledgment must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee, treat the electronic record as though it has never been sent. 27.5 .3 Time and place of despatch and receipt of electronic record.
- UNLESS as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator.
- UNLESS as otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall be determined as follows, namely :— ✓ if the addressee has designated a computer resource for the purpose of receiving electronic records,— ✓ receipt occurs at the time when the electronic, record enters the designated computer resource; ✓ if the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee;
- UNLESS as otherwise agreed to between the originator and the addressee, an electronic record is deemed to be dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business.
- if the originator or the addressee has more than one place of business, the principal place of business, shall be the place of business;
- 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.
Q.Explain the importance of securing electronic records and digital signature(27.6.1,27.6.2) Q.mention the security procedures followed with reference to securing electronic records and digital signature( 27.6.3)
27. 6 SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES 27.6.1 Secure electronic record. ➢ Where any security procedure has been applied to an electronic record at a specific point of time. then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. 27.6.2 Secure digital signature. ➢ If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was— ✓ unique to the subscriber affixing it; ✓ capable of identifying such subscriber; ✓ created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature. 27.6.3 Security procedure. ➢ The Central Government for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including— ✓ the nature of the transaction; ✓ the level of sophistication of the parties with reference to their technological capacity; ✓ the volume of similar transactions engaged in by other parties; ✓ the availability of alternatives offered to but rejected by any party; ✓ the cost of alternative procedures; and ✓ the procedures in general use for similar types of transactions or communications.
the public key;
- specifying the form and content of a Digital Signature Certificate and the key,
- specifying the form and manner in which accounts shall be maintained by the Certifying Authorities;
- specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them; 10.facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems; 11.specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers; 12.resolving any conflict of interests between the Certifying Authorities and the subscribers; 13.laying down the duties of the Certifying Authorities; 14.maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.
27.7.2 Recognition of foreign Certifying Authorities.
- the Controller may with the previous approval of the Central Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a Certifying Authority for the purposes of this Act.
- Where any Certifying Authority is recognised under sub-section (1), the Digital Signature Certificate issued by such Certifying Authority shall be valid for the purposes of this Act.
- The Controller may, if he is satisfied that any Certifying Authority has contravened any of the conditions and restrictions subject to which it was granted recognition under sub- section (1) he may, for reasons to be recorded in writing, by notification in the Official Gazette, revoke such recognition.
27.7.3 Controller to act as repository.
- The Controller shall be the repository of all Digital Signature Certificates issued under this Act.
- The Controller shall— ✓ make use of hardware, software and procedures that are secure intrusion and misuse; ✓ observe such other standards as may be prescribed by the Central Government, to ensure that the secrecy and security of the digital signatures are assured.
- The Controller shall maintain a computerised data base of all public keys in such a manner that such data base and the public keys are available to any member of the public.
27.7.4 Licence to issue Digital Signature Certificates.
- Any person may make an application, to the Controller, for a licence to issue Digital Signature Certificates.
- No licence shall be issued under sub-section (1), unless the applicant fulfills such requirements with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities, which are necessary to issue Digital Signature Certificates as may be prescribed by the Central Government
- A licence granted under this section shall— (a) be valid for such period as may be prescribed by the Central Government; (b) not be transferable or heritable; (c) be subject to such terms and conditions as may be specified by the regulations.
27.7.5 Application for licence
1. Every application for issue of a licence shall be in such form as may be prescribed by the
Central Government.
2. Every application for issue of a licence shall be accompanied by—
✓ a certification practice statement; ✓ a statement including the procedures with respect to identification of the applicant; ✓ payment of such fees, not exceeding twenty-five thousand rupees as may be prescribed by the Central Government; ✓ such other documents, as may be prescribed by the Central Government.
any officer to exercise any of the powers of the Controller under this Chapter.
27.7.11 Power to investigate contraventions.
- The Controller or any officer authorized by him in this behalf shall take up for investigation any contravention of the provisions of this Act, rules or regulations made thereunder.
- The Controller or any officer authorized by him in this behalf shall exercise the like powers which are conferred on Income-tax authorities under Chapter XIII of the Income-tax Act, 1961 and shall exercise such powers, subject to such limitations laid down under that Act.
27.7.12 Access to computers and data.
- Without prejudice to the provisions of sub-section (1) of section 69, the Controller or any person authorized by him shall, if he has reasonable cause to suspect that any contravention of the provisions of this Act, rules or regulations made there under has been committed, have access to any computer system, any apparatus, data or any other material connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system.
- For the purposes of sub-section (1), the Controller or any person authorised by him may, by order, direct any person incharge of, or otherwise concerned with the operation of, the computer system, data apparatus or material, to provide him with such reasonable technical and other assistance as he may consider necessary.
27.7.13 Certifying Authority to follow certain procedures.
Every Certifying Authority shall, — (a) make use of hardware, software and procedures that are secure from intrusion and misuse; (b) provide a reasonable level of reliability in its services which are reasonably suited to the performance of intended functions; (c) adhere to security procedures to ensure that the secrecy and privacy of the digital signatures are assured; and (d) observe such other standards as may be specified by regulations.
27.7.14 Certifying Authority to ensure compliance of the Act, etc.
✓ Every Certifying Authority shall ensure that every person employed or otherwise engaged by it complies, in the course of his employment or engagement, with the provisions of this
Act, rules, regulations and orders made thereunder.
27.7.15 Display of licence.
✓ Every Certifying Authority shall display its licence at a conspicuous place of the premises in which it carries on its business.
27.7.16 Surrender of licence.
- Every Certifying Authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the Controller.
- Where any Certifying Authority fails to surrender a licence under sub-section (1), the person in whose favour a licence is issued, shall be guilty of an offence and shall be punished with imprisonment which may extend up to six months or a fine which may extend up to ten thousand rupees or with both.
27.7. 17 Disclosure.
- Every Certifying Authority shall disclose in the manner specified by regulations— ✓ its Digital Signature Certificate which contains the public key corresponding to the private key used by that Certifying Authority to digitally sign another Digital Signature Certificate; ✓ any certification practice statement relevant thereto; ✓ notice of the revocation or suspension of its Certifying Authority certificate, if any; and ✓ any other fact that materially and adversely affects either the reliability of a Digital Signature Certificate, which that Authority has issued, or the Authority's ability to perform its services.
- Where in the opinion of the Certifying Authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a Digital Signature Certificate was granted, then, the Certifying Authority shall— (a) use reasonable efforts to notify any person who is likely to be affected by that occurrence; or (b) act in accordance with the procedure specified in its certification practice
27.8 DIGITAL SIGNATURE CERTIFICATE
27.8.1 Certifying Authority to issue Digital Signature Certificate.
- Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government
- Every such application shall be accompanied by such fee not exceeding twenty- five thousand rupees as may be prescribed by the Central Government, to be paid to the Certifying Authority:
- Every such application shall be accompanied by a certification practice statement or where there is no such statement, a statement containing such particulars, as may be specified by regulations.
- On receipt of an application under sub-section (1), the Certifying Authority may, after consideration of the certification practice statement or the other statement under sub- section (3)
- and after making such enquiries as it may deem fit, grant the Digital Signature Certificate or for reasons to be recorded in writing, reject the application: Provided that no Digital Signature Certificate shall be granted unless the Certifying Authority is satisfied that— ✓ the applicant holds the private key corresponding to the public key to be listed in the Digital Signature Certificate; ✓ the applicant holds a private key, which is capable of creating a digital signature; ✓ the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the applicant: 27.8.2 Representations upon issuance of Digital Signature Certificate. ➢ A Certifying Authority while issuing a Digital Signature Certificate shall certify that--
- it has complied with the provisions of this Act and the rules and regulations made thereunder,
- it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;
- the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate;
- the subscriber's public key and private key constitute a functioning key pair,
- the information contained in the Digital Signature Certificate is accurate; and
- it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations made in clauses (a) to (d). 27.8.3 Suspension of Digital Signature Certificate.
- Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,— (a) on receipt of a request to that effect from— I. the subscriber listed in toe Digital Signature Certificate; or II. any person duly authorised to act on behalf of that subscriber,
- if it is of opinion that the Digital Signature Certificate should be suspended in public interest
- A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter.
- On suspension of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber. 27.8.3 Revocation of Digital Signature Certificate.
- A Certifying Authority may revoke a Digital Signature Certificate issued by it— (a) where the subscriber or any other person authorised by him makes a request to that effect; (b) upon the death of the subscriber, or (c) upon the dissolution of the firm or winding up of the company where the
27.9.2 Acceptance of Digital Signature Certificate
- A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate— (a) to one or more persons; (b) in a repository, or otherwise demonstrates his approval of the Digital Signature Certificate in any manner.
- By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the Digital Signature Certificate that— (a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same; (b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true; (c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true. 27.9.3 Control of private key.
- Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure to a person not authorised to affix the digital signature of the subscriber.
- If the private key corresponding to the public key listed in the Digital Signature Certificate has been compromised, then, the subscriber shall communicate the same without any delay to the Certifying Authority in such manner as may be specified by .the regulations. Discuss the penalties and adjudication under section 43 IT act 2000 for a) Damage to computer, computer system b) Failure to protect data. c) Failure to furnish information return 27.10 PENALTIES AND ADJUD1CATION 27 .10.1 Penalty for damage to computer, computer system, etc.
➢ If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network, —
- accesses or secures access to such computer, computer system or computer network;
- downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
- introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;
- damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;
- disrupts or causes disruption of any computer, computer system or computer network;
- denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
- provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;
- charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network,
- he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected. ✓ "computer contaminant" means any set of computer instructions that are designed— to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network; orby any means to usurp the normal operation of the computer, computer system, or computer network; ✓ "computer data base" means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network; ✓ "computer virus" means any computer instruction, information, data or programme that
