Information Technology Act, 2000 Flashcards
About?
The act was enacted to give legal sanction to electronic commerce and electronic transactions, to enable e-governance, and also to prevent cybercrime.
Under this law, for any crime involving a computer or a network located in India, foreign nationals can also be charged.
legal recognition to digital signatures.
the Government of India banned various Chinese apps under the Information Technology Act.
2008 Amendments?
-Section 66A gave authorities the power to arrest anyone accused of posting content on social media that could be deemed ‘offensive’.
The Supreme Court, however, in 2015, struck down this section of the IT Act saying it was unconstitutional as it violated Article 19(1)(a) of the Constitution. This was in the famous Shreya Singhal v Union of India case (2015).
Section 69A empowers the authorities to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient to do so in the interest of the sovereignty or integrity of India, defense of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence.
Information Technology Intermediary Guidelines (Amendment) Rules, 2018?
framed under Section 79 of the Information Technology Act. This section covers intermediary liability.
According to the 2018 Rules, social media intermediaries should publish rules and privacy policy to curb users from engaging in online material which is paedophilic, pornographic, hateful, racially and ethnically objectionable, invasive of privacy, etc.
The 2018 Rules further provide that whenever an order is issued by the government agencies seeking information or assistance concerning cybersecurity, then the intermediaries must provide them the same within 72 hours
Who is online intermediary?
Online Intermediaries:
An intermediary is a service that facilitates people to use the Internet, such as Internet Services Providers (ISPs), search engines and social media platforms.
There are two categories of intermediaries:
Conduits: Technical providers of internet access or transmission services.
Hosts: Providers of content services (online platforms, storage services).
Section 69A(3)
envisages a jail sentence for up to seven years for intermediaries who fail to comply.
