Unit 5 IT Act Flashcards
Information Technology Act, 2000
was notified on October 17, 2000.
law that deals with cybercrime and electronic
commerce in India.
In 1996, the United Nations Commission on International
Trade Law (UNCITRAL) adopted the model law on electronic
commerce (e-commerce) to bring uniformity in the law in
different countries.
IT Act provisions
13 chapters, 94 sections
and 4 schedules
Sections deal with certifying authorities who are
licensed to issue digital signature certificate.
Sections 43 to 47 provide for penalties and compensation.
Sections 48 to 64 deals with Tribunals a appeal to high court.
Section 65 to 79 of the act deals with offences.
Section 80 to 94 deals with miscellaneous of the Act.
Objectives of the IT Act
Grant legal recognition to all transactions done via electronic
exchange of data or other electronic means of communication or ecommerce, in place of the earlier paper-based method of
communication.
Give legal recognition to digital signatures for the authentication of
any information or matters requiring legal authentication
Facilitate the electronic filing of documents with Government
agencies and also departments
Facilitate the electronic storage of data
Give legal sanction and also facilitate the electronic transfer of
funds between banks and financial institutions
Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934, for keeping the books of accounts in electronic form.
Features of IT Act, 2000
All electronic contracts made through secure electronic
channels are legally valid.
Legal recognition for digital signatures.
Security measures for electronic records and also digital
signatures are in place
A procedure for the appointment of adjudicating officers for
holding inquiries under the Act is finalized
Provision for establishing a Cyber Regulatory Appellant
Tribunal under the Act. Further, this tribunal will handle all
appeals made against the order of the Controller or Adjudicating Officer.
An appeal against the order of the Cyber Appellant Tribunal is
possible only in the High Court
Provision for the appointment of the Controller of Certifying
Authorities (CCA) to license and regulate the working of
Certifying Authorities. The Controller to act as a repository of
all digital signatures.
The Act applies to offences or contraventions committed
outside India
Senior police officers and other officers can enter any public
place and search and arrest without warrant
Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central Government and Controller.
Digital Signature
A digital signature is exactly what it sounds like a modern
alternative to signing documents with paper and pen.
It uses an advanced mathematical technique to check the authenticity and integrity of digital messages and documents.
It guarantees that the contents of a message are not altered in
transit and helps us overcome the problem of impersonation
and tampering in digital communications.
Digital signatures also provide additional information such as
the origin of the message, status, and consent by the signer.
Electronic Governance
It is the use of electronic means, to promote good governance.
It connotes the implementation of information technology in
the government processes and functions so as to cause simple,
moral, accountable and transparent governance.
It entails the access and delivery of government services, dissemination of information, communication in a quick and efficient manner.
Benefits of E- governance
Reduced corruption
High transparency
Increased convenience
Growth in GDP
Direct participation of constituents
Reduction in overall cost.
Expanded reach of government
Types of Interactions in E - Governance
G2G (Government to Government)
G2C (Government to Citizen)
G2B (Government to Business)
G2E (Government to Employees)
G2G (Government to Government)
- When the exchange of
information and services is within the periphery of the
government, is termed as G2G interaction. - This can be both
horizontal, i.e. among various government entities and vertical,
i.e. between national, state and local government entities and
within different levels of the entity.
G2C (Government to Citizen)
- The interaction amidst the
government and general public is G2C interaction. - Here an interface is set up between government and citizens, which enables citizens to get access to wide variety of public services.
- The citizens has the freedom to share their views and grievances
on government policies anytime, anywhere.
G2B (Government to Business)
- In this case, the e-governance
helps the business class to interact with the government
seamlessly. - It aims at eliminating red-tapism, saving time, cost and establish transparency in the business environment, while interacting with government.
G2E (Government to Employees)
- The government of any country is the biggest employer and so it also deals with employees on a regular basis, as other employers do.
- ICT helps in making the interaction between government and employees fast and efficient, along with raising their level of satisfaction by providing perquisites and add-on benefits.
Attribution of electronic records (Section 11)
An electronic records shall be attributed to the originator
A. If it was sent by the originator himself.
B. By a person who had the authority to act on behalf of the
originator in respect of that electronic record.
C. by an information system programmed by or on behalf of the
originator to operate automatically.
For Example attribution of electronic records
( With respect to IT At 2000, attribution of electronic records
means fixing identity of sender and receiver. Here originator is a
person who sends or generates any electronic record. The
receiver of electronic record is termed as Addressee. If ‘X’ sends an email to ‘Y’, then ‘X’ is a sender or originator
and ‘Y’ is receiver or Addressee.
In normal course of communication (postal communication or
paper communication), it’s very easy to identify originator and
addressee but in electronic communication it’s not the same.
The electronic record can be sent by the originator himself or
by the person who has been authorized by the originator or by
an information system that the originator has authenticated.)
Acknowledgement of receiving of electronic records (Section 12)
If the originator has not specified any specific mode of
acknowledgement (an act by the addressee that he/she has
received the electronic record), the acknowledgement can be
given by a return mail by the addressee or an automated
response by the addressee or an act by addressee that shows the
acknowledgement.
For Example Acknowledgement of receiving of electronic records (Section 12)
when a person receives an email by an estate agent, for real
estate properties, the person can send a thank u mail or can send
an automatic reply or can show interest in the offer given by the
agent by visiting him. All the three option show an
acknowledgement.
If the originator has specified a format and time period for
sending the acknowledgement, then the addressee must send
the acknowledgement in that format and within the given time
period otherwise the originator can send a notice to the
addressee stating that no acknowledgement was received.
Where the originator has not stipulated that the electronic
record shall be binding only on receipt of such
acknowledgment, and the acknowledgment has not been
received by the originator within the time specified or agreed
or, if no time has been specified or agreed to 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.
For Example Acknowledgement of receiving of electronic records (Section 12)
when a person receives an email by an estate agent, for real
estate properties, the person can send a thank u mail or can send
an automatic reply or can show interest in the offer given by the
agent by visiting him. All the three option show an
acknowledgement.
If the originator has specified a format and time period for
sending the acknowledgement, then the addressee must send
the acknowledgement in that format and within the given time
period otherwise the originator can send a notice to the
addressee stating that no acknowledgement was received.
Where the originator has not stipulated that the electronic
record shall be binding only on receipt of such
acknowledgment, and the acknowledgment has not been
received by the originator within the time specified or agreed
or, if no time has been specified or agreed to 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.
Time and Place of the dispatch of an electronic record (Sec 13)
- Save 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. - Save as otherwise agreed between the originator and the
addressee, the time of receipt of an electronic record shall be
determined as follows, namely :-
(a) 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, or
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.
(b) if the addressee has not designated a computer resource
along with specified timings, if any, receipt occurs when the
electronic record enters the computer resource of the addressee. - Save 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. - The provisions of sub-section (2) shall apply notwithstanding
that the place where the computer resource is located may be
different from the place where the electronic record is deemed to
have been received under sub-section (3). - For the purposes of this section –
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.
Example Time and Place of the dispatch of an electronic record (Sec 13)
(This section states that when a person sends an electronic
record from his computer then that particular time becomes the
time of dispatch.
For example
If Mr. X composes an email at 3.30 am and presses the “Send”
button at 4.30 am then time of dispatch will be 4.30 am. because
after pressing send button the sender cannot make any changes
to the record.)
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.
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
Security procedure.
Security procedure.
The Central Government shall 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.
Digital Signature Certificate
A Digital Signature Certificate is a secure digital key that is
issued by the certifying authorities for the purpose of
validating and certifying the identity of the person holding this
certificate. Digital Signatures make use of the public key
encryptions to create the signatures.
A digital signature certificate (DSC) contains information
about the user’s name, pin code, country, email address, date
of issuance of certificate and name of the certifying authority.
