IT Act and Cyber Laws

In this article, you are going to learn about IT Act and Cyber Laws which is a very important topic in cyber security.

Introduction to IT Act and Cyber Laws

The IT Act, 2000 (Information Technology Act) is an Indian Parliament Act which was notified on 17th October, 2000. In India, this is the primary law which deals with cybercrime and electronic commerce. In other brief term, it says “the Act to provide legal recognition for transactions carried out by means of electronic communication, which is commonly referred to as electronic commerce. It involves the use of alternatives to paper-based methods of communication and storage of information, to nusta editing electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Bankers' Books Evidence Act, 1891, the Indian Evidence Act, 1872 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto”.

The IT Act in original contained 94 sections and is divided into 13 chapters and 4 schedules. This law applies to the whole of India. Persons of other nationalists will be indicted under this law if the crime is done using a computer or network which is located in India.

The IT Act gives a legal framework to governance by electronic means to recognize digital signature and electronic records. It describes the cyber crimes and the prescribed penalties/punishments for them. This Act led to the formation of a regulatory body for issuance of digital signature which is “Controller of Certifying Authorities”. The disputes arising from this law is done by the Cyber Appellate Tribunal.

Amendments

Later in the year 2008, the amendments were made which introduced Section 66A and Section 69. Section 66A deals with punishment for sending offensive messages through communication service. In Section 69, it is stated that the authorities have power to monitor, decrypt any information through any computer resource. The provisions addressing child porn, pornography, voyeurism and cyber terrorism were also introduced. On 22nd December 2008, the amendment was passed in Lok Sabha and the next day in Rajya Sabha. On 5th February 2009, it was signed into law by President Pratibha Patil.

Computer as A Weapon

A computer is a weapon and can be used to commit real world crimes which include Cyber Terrorism, Copyright, IPR Violation, EFT Frauds, Credit Card Frauds, Pornography, etc. Quoted by an intellectual - As we know today, technology is a boon and a curse equally. Anything you post is not safe, you are always being tracked and followed without traces. So, the question arises: Like, Valdimir Putin, multiple time elected as the P.M of Russia to ignore technologies in the fear of not using a cell phone? Or, being a sadist country like North Korea, where people are away from access to the common network social platform Facebook! Well, No. There has been fear among the common mass but, here I put these fears into free answers.

Defining Cyber Crime

To define cyber crime, you can say it’s a combination of computer and crime or in simple words ‘any offence or crime in which a computer system is used’. Even a petty offence like pick pocket or stealing can be brought to broader purview of cyber crime. A computer network, information, data and all necessary stuff that form part of cyber crime defines the IT Act.

Cyber law encompasses laws relating to:

Cyber Crimes
Electronic and Digital signatures
Intellectual Property
Data Privacy and Protection

Cases

According to NCRB, less than 5000 cases have been recorded by the police which includes 3187 arrests between 2007 to 2011. These cases come under the IT Act as well as the IPC (Indian Penal Code).

Conclusion

It is only in illusion to find a crime free society now, especially in a society which is dependent more on technology. Cyber crimes are bound to increase and lawmakers have to go the extra mile to keep them at bay. Technology can be used for good as well as for bad purpose and it can be said that it acts like a double edged sword. Hence, it should be ensured by the law makers that technology grows in a healthy way and is used for ethical and legal business growth.

This article on IT Act and Cyber Laws is contributed by Sujata Singh. If you like TheCode11, then do follow us on Facebook, Twitter and Instagram.