Class 21 and 22

Introduction to Cyber Laws,
IT Act
Cyber Crime, Investigation and Surveillance

Why Should we know about Cyber-Crime?
• In this Tech-savvy world of 21st Century every one is engaged
with internet, through whatsapp, twitter, facebook, net-banking & lots
of other platforms are there.
• And some criminal minded persons commit crimes here, which is
included under cyber-crime.
• So we should be aware about crimes happening around in the cyber-
space.
Friday, 18 March 2016 5

Cyber Crime
• Cyber crime refers to any crime that involves a computer/mobile and a
network. The computer may have been used in the commission of a
crime, or it may be the target.

United Nations’ Definition of Cybercrime
• a. Cybercrime in a narrow sense (computer crime): Any illegal behavior
directed by means of electronic operations that targets the security of
computer systems and the data processed by them.
• b. Cybercrime in a broader sense (computer-related crime): Any illegal
behavior committed by means of, or in relation to, a computer system
or network, including such crimes as illegal possession [and] offering or
distributing information by means of a computer system or network.

Various categories of Cyber-Crime.
• Against Persons
• Against Property
• Against Government

Against Person:
• Cybercrimes committed against persons include various crimes like
transmission of child-pornography, harassment of any one with the use
of a computer such as e-mail, and cyber-stalking.
• The distribution, posting, and dissemination of obscene material
including pornography, indecent exposure, and child pornography,
constitutes one of the most important Cybercrimes known today. The
potential harm of such a crime to humanity can hardly be overstated..

Against Property:
• The second category of Cybercrimes is that of Cybercrimes
against all forms of property. These crimes include unauthorized
computer trespassing through cyberspace, computer vandalism,
transmission of harmful programs, and unauthorized possession of
computerized information.

Against Government:
• The third category of Cybercrimes relate to Cybercrimes against
Government. Cyber Terrorism is one distinct kind of crime in this
category. The growth of Internet has shown that the medium of
Cyberspace is being used by individuals and groups to the
international governments as also to threaten the citizens of a
country. This crime manifests itself into terrorism when an
individual "cracks“ into a government or military maintained
website.

What is Cyber law…?
• Cyber law is a term used to describe the legal issues related to use of
communications technology, particularly “cyber space”, i.e. the Internet.
• In essence, cyber law is an attempt to apply laws designed for the
physical world, to human activity on the Internet.
• In India, The IT Act, 2000 as amended by The IT (Amendment) Act,
2008 is known as the Cyber law.

Cyber law
• Cyber law or Internet law is a term that encapsulates the legal issues
related to use of the Internet. It is less a distinct field of law than
intellectual property or contract law, as it is a domain covering many
areas of law and regulation. Some leading topics include internet
access and usage, privacy, freedom of expression, and jurisdiction.

Cyber law encompasses laws relating to
• Cyber crimes
• Electronic and digital signatures
• Intellectual property
• Data protection and privacy

Important terms related to cyber law
• "Access" with its grammatical variations and cognate expressions
means gaining entry into, instructing or communicating with the logical,
arithmetical, or memory function resources of a computer, computer
system or computer network. (Sec.2(1)(a) of IT Act, 2000)
• "Addressee" means a person who is intended by the originator to
receive the electronic record but does not include any intermediary.
(Sec.2(1)(b) of IT Act, 2000)

• "Affixing Electronic Signature" with its grammatical variations and
cognate expressions means adoption of any methodology or procedure
by a person for the purpose of authenticating an electronic record by
means of Electronic Signature. (Sec.2(1)(d) of IT Act, 2000)
• "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. (Sec.2(1)(f) of IT Act, 2000)

• "Certifying Authority" means a person who has been granted a license
to issue a Electronic Signature Certificate under section 24.
(Sec.2(1)(g) of IT Act, 2000)
• "Communication Device" means Cell Phones, Personal Digital
Assistance (Sic), or combination of both or any other device used to
communicate, send or transmit any text, video, audio, or image.
(Sec.2(1)(ha) of IT Act, 2000)

• "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 (Sec.2(1)(i) of IT Act, 2000)

• "Computer Network" means the interconnection of one or more
Computers or Computer systems or Communication device through-
– the use of satellite, microwave, terrestrial line, wire, wireless or other
communication media; and
– terminals or a complex consisting of two or more interconnected computers or
communication device whether or not the interconnection is continuously
maintained. (Sec.2(1)(j) of IT Act, 2000)

• "Computer Resource" means computer, communication device,
computer system, computer network, data, computer database or
software. (Sec.2(1)(k) of IT Act, 2000)
• "Cyber cafe" means any facility from where access to the Internet is
offered by any person in the ordinary course of business to the
members of the public. (Sec.2(1)(na) of IT Act, 2000)

• "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.
(Sec.2(1)(l) of IT Act, 2000)

• "Cyber Security" means protecting information, equipment, devices,
computer, computer resource, communication device and information
stored therein from unauthorized access, use, disclosure, disruption,
modification or destruction. (Sec.2(1)(nb) of IT Act, 2000)

• "Data" means a representation of information, knowledge, facts,
concepts or instructions which are being prepared or have been
prepared in a formalized 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. (Sec.2(1)(o)
of IT Act, 2000)

• "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. (Sec.2(1)(p) of IT Act,
2000)
• "Electronic Form" with reference to information means any information
generated, sent, received or stored in media, magnetic, optical,
computer memory, micro film, computer generated micro fiche or
similar device. (Sec.2(1)(r) of IT Act, 2000)

• "Electronic Record" means data, record or data generated, image or
sound stored, received or sent in an electronic form or micro film or
computer generated micro fiche. (Sec.2(1)(t) of IT Act, 2000)
• "Electronic signature" means authentication of any electronic record by
a subscriber by means of the electronic technique specified in the
second schedule and includes digital signature. (Sec.2(1)(ta) of IT Act,
2000)

• "Function", in relation to a computer, includes logic, control, arithmetical
process, deletion, storage and retrieval and communication or
telecommunication from or within a computer. (Sec.2(1)(u) of IT Act,
2000)
• "Information" includes data, message, text, images, sound, voice,
codes, computer programmes, software and databases or micro film or
computer generated micro fiche. (Sec.2(1)(v) of IT Act, 2000)

• "Intermediary" with respect to any particular electronic records, means
any person who on behalf of another person receives, stores or
transmits that record or provides any service with respect to that record
and includes telecom service providers, network service providers,
internet service providers, web hosting service providers, search
engines, online payment sites, online-auction sites, online market
places and cyber cafes. (Sec.2(1)(w) of IT Act, 2000)

• "Key Pair", in an asymmetric crypto system, means a private key and
its mathematically related public key, which are so related that the
public key can verify a digital signature created by the private key.
(Sec.2(1)(x) of IT Act, 2000)
• "Originator" means a person who sends, generates, stores or transmits
any electronic message or causes any electronic message to be sent,
generated, stored or transmitted to any other person but does not
include an intermediary. (Sec.2(1)(za) of IT Act, 2000)

• "Private Key" means the key of a key pair used to create a digital
signature. (Sec.2(1)(zc) of IT Act, 2000)
• "Public Key" means the key of a key pair used to verify a digital
signature and listed in the Digital Signature Certificate. (Sec.2(1)(zd) of
IT Act, 2000)
• "Subscriber" means a person in whose name the Electronic Signature
Certificate is issued. (Sec.2(1)(zg) of IT Act, 2000)

• "Secure System" means computer hardware, software, and procedure
that -:
– are reasonably secure from unauthorized access and misuse;
– provide a reasonable level of reliability and correct operation;
– are reasonably suited to performing the intended functions; and
– adhere to generally accepted security procedures.
• (Sec.2(1)(ze) of IT Act,2000)

Salient features of the Information Technology
(Amendment) Act, 2008
• The term 'digital signature' has been replaced with 'electronic signature'
to make the Act more technology neutral.
• A new section has been inserted to define 'communication device‘ to
mean cell phones, personal digital assistance or combination of both or
any other device used to communicate, send or transmit any text video,
audio or image.
• A new section has been added to define cyber cafe as any facility from
where the access to the internet is offered by any person in the
ordinary course of business to the members of the public.
• A new definition has been inserted for intermediary.

• A new section 10A has been inserted to the effect that contracts
concluded electronically shall not be deemed to be unenforceable
solely on the ground that electronic form or means was used.
• Sections 66A to 66F has been added to Section 66 prescribing
punishment for offences such as obscene electronic message
transmissions, identity theft, cheating by impersonation using computer
resource, violation of privacy and cyber terrorism.

• The damages of Rs. One Crore prescribed under section 43 of the
earlier Act of 2000 for damage to computer, computer system etc. has
been deleted and the relevant parts of the section have been
substituted by the words, 'he shall be liable to pay damages by way of
compensation to the person so affected'.

• A new section 43A has been inserted to protect sensitive personal data
or information possessed, dealt or handled by a body corporate in a
computer resource which such body corporate owns, controls or
operates. If such body corporate is negligent in implementing and
maintaining reasonable security practices and procedures and thereby
causes wrongful loss or wrongful gain to any person, it shall be liable to
pay damages by way of compensation to the person so affected.

• Section 67 of the IT Act, 2000 has been amended to reduce the term of
imprisonment for publishing or transmitting obscene material in
electronic form to three years from five years and increase the fine
thereof from Rs.100,000 to Rs. 500,000.
• Sections 67A to 67C have also been inserted. While Sections 67A and
B deals with penal provisions in respect of offences of publishing or
transmitting of material containing sexually explicit act and child
pornography in electronic form, Section 67C deals with the obligation of
an intermediary to preserve and retain such information as may be
specified for such duration and in such manner and format as the
central government may prescribe.

• In view of the increasing threat of terrorism in the country, the new
amendments include an amended section 69 giving power to the state
to issue directions for interception or monitoring of decryption of any
information through any computer resource.
• Further, sections 69A and B, two new sections, grant power to the state
to issue directions for blocking for public access of any information
through any computer resource and to authorize to monitor and collect
traffic data or information through any computer resource for cyber
security.

• A proviso has been added to Section 81 which states that the
provisions of the Act shall have overriding effect. The proviso states
that nothing contained in the Act shall restrict any person from
exercising any right conferred under the Copyright Act, 1957.

Examples of Cybercrime
• Web defacement
• Unauthorized network access
• Cyber-Stalking
• Internet fraud
• Identity theft
• Child pornography
• Interception and fabrication of emails
• Theft of passwords

Types of Cyber Crimes
• Hacking: This is a type of crime wherein a person’s computer is broken into
so that his personal or sensitive information can be accessed. In the United
States, hacking is classified as a felony and punishable as such. This is
different from ethical hacking, which many organizations use to check their
Internet security protection. In hacking, the criminal uses a variety of
software to enter a person’s computer and the person may not be aware that
his computer is being accessed from a remote location.
• Theft: This crime occurs when a person violates copyrights and downloads
music, movies, games and software. There are even peer sharing websites
which encourage software piracy and many of these websites are now being
targeted by the FBI. Today, the justice system is addressing this cyber crime
and there are laws that prevent people from illegal downloading.

• Cyber Stalking: This is a kind of online harassment wherein the victim is
subjected to a barrage of online messages and emails. Typically, these
stalkers know their victims and instead of resorting to offline stalking, they
use the Internet to stalk. However, if they notice that cyber stalking is not
having the desired effect, they begin offline stalking along with cyber stalking
to make the victims’ lives more miserable.
• Identity Theft: This has become a major problem with people using the
Internet for cash transactions and banking services. In this cyber crime, a
criminal accesses data about a person’s bank account, credit cards, Social
Security, debit card and other sensitive information to siphon money or to
buy things online in the victim’s name. It can result in major financial losses
for the victim and even spoil the victim’s credit history.

• Malicious Software: These are Internet-based software or programs
that are used to disrupt a network. The software is used to gain access
to a system to steal sensitive information or data or causing damage to
software present in the system.
• Child soliciting and Abuse: This is also a type of cyber crime wherein
criminals solicit minors via chat rooms for the purpose of child
pornography. The FBI has been spending a lot of time monitoring chat
rooms frequented by children with the hopes of reducing and
preventing child abuse and soliciting.

Legal aspects of computing
• The first one, historically, was information technology law (or IT law).
("IT law" should not be confused with the IT aspects of law itself,
although there are overlapping issues.) IT law consists of the law
(statutes, regulations, and caselaw) which governs the digital
dissemination of both (digitalized) information and software itself (see
history of free and open-source software), and legal aspects of
information technology more broadly.

SECTIONS OF IT ACT 2000
• Sections 2(d) of the act defines “affixing digital signature” as affixing digital
signature, with its grammatical variations and cognate expressions means
adoption of any methodology or procedure by a person for the purpose of
authenticating an electronic record by means of digital signature.
• Section 2(i) “computer” is defined as any electronic, magnetic, optical or high
speed data proceeding device or systems which performs logical, arithmetic
and memory functions by manipulations of electronic, magnetic or optical
impulses and includes all input, output, proceedings, storage, computer
software or communication facilities which are concerned or related to the
computer in a computer system or computer network.

SECTIONS OF IT ACT 2000
• Section 2(zc) defines private key as the key of a key pair used to create
a digital signature.
• Section 2(zd) defines public key as the key of a key pair used to verify
a digital signature and listed in Digital Signature Certificate.

SECTION 5: LEGAL RECOGNITION OF DIGITAL
SIGNATURES
• Section 5 of the Act gives legal recognition to 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.

SECTION 15: 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.

SECTION 43: PENALTY FOR DAMAGE TO
COMPUTER
• 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 there under;
– 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.

SECTION 61: CIVIL COURT NOT TO HAVE
JURISDICTION
• No court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which an adjudicating officer appointed under this
Act or the Cyber Appellate Tribunal constituted under this Act is
empowered by or under this Act to determine and no injunction shall be
granted by any court or other authority in respect of any action taken or
to be taken in pursuance of any power conferred by or under this Act

SECTION 62: APPEAL TO HIGH COURT
• Any person aggrieved by any decision or order of the Cyber Appellate
Tribunal may file an appeal to the High Court within sixty days from the
date of communication of the decision or order of the Cyber Appellate
Tribunal to him on any question of fact or law arising out of such order•
Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said
period, allow it to be filed within a further period not exceeding sixty
days.

SECTION 63: COMPOUNDING OF CONTRAVENTIONS
• It states that any contraventions under this Act either before or after the
institution of adjudication proceedings, be compounded by the
Controller or such other officer as may be specially authorised by him in
this behalf or by the adjudicating officer, as the case may be, subject to
such conditions as the Controller or such other officer or the
adjudicating officer may impose.

SECTION 64: RECOVERY OF PENALTY
• A penalty imposed under this Act, if it is not paid, shall be recovered as
an arrear of land revenue and the licence or the Digital Signature
Certificate, as the case may be, shall be suspended till the penalty is
paid.

SECTION 65: TAMPERING WITH COMPUTER
SOURCE DOCUMENTS
• Whoever knowingly or intentionally conceals, destroys or alters or
intentionally or knowingly causes another to conceal, destroy or alter
any computer source code used for a computer, computer programme,
computer system or computer network, when the computer source
code is required to be kept or maintained by law for the time being in
force, shall be punishable with imprisonment up to three years, or with
fine which may extend up to two lakh rupees, or with both

SECTION 66: HACKING WITH COMPUTER SYSTEM
• Whoever with the intent to cause or knowing that he is likely to cause
wrongful loss or damage to the public or any person destroys or
deletes or alters any information residing in a computer resource or
diminishes its value or utility or affects it injuriously by any means,
commits hack:
• Whoever commits hacking shall be punished with imprisonment up to
three years, or with fine which may extend upto two lakh rupees, or with
both.

SECTION 67 PUBLISHING OF OBSCENE
INFORMATION
• Whoever publishes or transmits or causes to be published in the
electronic form, any material which is lascivious or appeals to the
prurient interest or if its effect is such as to tend to deprave and corrupt
persons who are likely, having regard to all relevant circumstances, to
read, see or hear the matter contained or embodied in it, shall be
punished on first conviction with imprisonment of either description for
a term which may extend to five years and with fine which may extend
to one lakh rupees and in the event of a second or subsequent
conviction with imprisonment of either description for a term which may
extend to ten years and also with fine which may extend to two lakh
rupees.

SECTION 71 PENALTY FOR MISREPRESENTATION
• Whoever makes any misrepresentation to, or suppresses any material
fact from, the Controller or the Certifying Authority for obtaining any
licence or Digital Signature Certificate, as the case may be, shall be
punished with imprisonment for a term which may extend to two years,
or with fine which may extend to one lakh rupees, or with both.

SECTION 72 PENALTY FOR BREACH OF PRIVACY
• Save as otherwise provided in this Act or any other law for the time
being in force, any person who, in pursuance of any of the powers
conferred under this Act, rules or regulations made there under, has
secured access to any electronic record, book, register,
correspondence, information, document or other material without the
consent of the person concerned is closes such electronic record,
book, register, correspondence, information, document or other
material to any other person shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to
one lakh rupees, or with both

SECTION 73 - PENALTY FOR PUBLISHING FALSE
DIGITAL SIGNATURE CERTIFICATE
• No person shall publish a Digital Signature Certificate or otherwise
make it available to any other person with the knowledge that
– the Certifying Authority listed in the certificate has not issued it; or
– the subscriber listed in the certificate has not accepted it; or
– the certificate has been revoked or suspended,
• unless such publication is for the purpose of verifying a digital signature
created prior to such suspension or revocation.
• Any person who contravenes the provisions of sub-section (1) shall be
punished with imprisonment for a term which may extend to two years,
or with fine which may extend to one lakh rupees, or with both.

SECTION 74 PUBLICATION FOR FRAUDULENT
PURPOSE
• Whoever knowingly creates, publishes or otherwise makes available a
Digital Signature Certificate for any fraudulent or unlawful purpose shall
be punished with imprisonment for a term which may extend to two
years, or with fine which may extend to one lakh rupees, or with both

SECTION 75 - ACT TO APPLY FOR OFFENCE OR
CONTRAVENTION COMMITTED OUTSIDE INDIA
• Subject to the provisions of sub-section (2), the provisions of this Act
shall apply also to any offence or contravention committed outside India
by any person irrespective of his nationality.
• For the purposes of sub-section (1), this Act shall apply to an offence or
contravention committed outside India by any person if the act or
conduct constituting the offence or contravention involves a computer,
computer system or computer network located in India.

CASE STUDY – 1
State Of Tamil Nadu v/s Suhas Katti Conviction Within 7 Months
• The case related to posting of obscene, defamatory and annoying message
about a divorcee woman in the yahoo message group. E-Mails were also
forwarded to the victim for information by the accused through a false e-mail
account opened by him in the name of the victim. The posting of the
message resulted in annoying phone calls to the lady in the belief that she
was soliciting.
• The accused was a known family friend of the victim and was reportedly
interested in marrying her. She however married another person. This
marriage later ended in divorce and the accused started contacting her once
again. On her reluctance to marry him, the accused took up the harassment
through the Internet.
• The accused is found guilty and convicted for offences under section 469,
509 IPC and 67 of IT Act 2000 . This is considered as the first case convicted
under section 67 of Information Technology Act 2000 in India

CASE STUDY – 1
State Of Tamil Nadu v/s Suhas Katti Conviction Within 7 Months
• “ The accused is found guilty of offences under section 469, 509 IPC
and 67 of IT Act 2000 and the accused is convicted and is sentenced
for the offence to undergo RI for 2 years under 469 IPC and to pay fine
of Rs.500/-and for the offence u/s 509 IPC sentenced to undergo 1
year Simple imprisonment and to pay fine of Rs.500/- and for the
offence u/s 67 of IT Act 2000 to undergo RI for 2 years and to pay fine
of Rs.4000/- All sentences to run concurrently.”
• The accused paid fine amount and he was lodged at Central Prison,
Chennai. This is considered as the first case convicted under section
67 of Information Technology Act 2000 in India.

CASE STUDY – 2 Forgery - Andhra Pradesh Tax Case
• In the explanation of the Rs. 22 Crore which was recovered from the
house of the owner of a plastic firm by the sleuths of vigilance
department, the accused person submitted 6000 vouchers to legitimize
the amount recovered, but after careful scrutiny of vouchers and
contents of his computers it revealed that all of them were made after
the raids were conducted . All vouchers were fake computerized
vouchers

CASE STUDY – 3 Cyber Stalking
• Ritu Kohli (first lady to register the cyber stalking case) is a victim of
cyber-stalking. A friend of her husband gave her phone number and
name on a chat site for immoral purposes. A computer expert, Kohli
was able to trace the culprit. Now, the latter is being tried for "outraging
the modesty of a woman", under Section 509 of IPC.

CASE STUDY – 4 Extortion of Money Through Internet
• The complainant has received a threatening email and demanded
protection from unknown person claiming to be the member of Halala
Gang, Dubai. Police registered a case u/s. 384/506/511 IPC.
• The sender of the email used the email ID xyz@yahoo.com &
abc@yahoo.com and signed as Chengez Babar.
• Both the email accounts were tracked, details collected from ISP’s &
locations were identified.
• The Cyber cafes from which the emails has been made were monitored
and the accused person was nabbed red handed.

CASE STUDY – 5 Fir No. 76/02 PS Parliament Street
• Mrs. Sonia Gandhi received threatening e-mails:
• E - mail from
– missonrevenge84@khalsa.com
– missionrevenge84@hotmail.com
• The case was referred to Cyber Cell
• Accused was traces and found that he had lost his parents during 1984
riots

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