IT Act 2000 & IT Act 2008

IT Act 2000
 To made Electronic Governance possible and
To Facilitates Electronic Commerce In May
2000, both the houses of the Indian Parliament
passed the InformationTechnology Bill.
 The Bill received the assent of the President in
August 2000 and came to be known as the
InformationTechnology Act, 2000.
 Cyber laws are contained in the IT Act, 2000.

 The InformationTechnology Act, 2000 aims
to provide for the legal framework so that
legal sanctity is accorded to all electronic
records and other activities carried out by
electronic means.

Some highlights of the Act are
listed below:
 Contains Chapter – I to Chapter - XII
 Chapter – I : An acceptance of contract may be
expressed by electronic means of
communication and the same shall have legal
validity and enforceability.
 Chapter-II: of the Act specifically stipulates that
any subscriber may authenticate an electronic
record by affixing his digital signature. It further
states that any person can verify an electronic
record by use of a public key of the subscriber.

 Chapter-III : of the Act details about Electronic
Governance and provides inter alia amongst
others that 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 - rendered or made available in an electronic
form; and accessible so as to be usable for a
subsequent reference.

 Chapter-IV : of the said Act gives a scheme for
Regulation of Certifying Authorities.The Act
envisages a Controller of Certifying Authorities
who shall perform the function of exercising
supervision over the activities of the Certifying
Authorities as also laying down standards and
conditions governing the Certifying Authorities
as also specifying the various forms and content
of Digital Signature Certificates.
 The Act recognizes the need for recognizing
foreign Certifying Authorities and it further
details the various provisions for the issue of
license to issue Digital Signature Certificates.

 Chapter –V : of the act details about secure
electronic records and secure digital
signatures.
 Chapter –VI: is about regulation certifying
authorities. Appointment of Controller and other
officers, Functions of Controller, Recognition of
foreign Certifying Authorities, license to issue
Digital Signature Certificates, Application,
Renewal, Rejection, Suspension and Surrender
of Licence.

 Chapter-VII of the Act details about the
scheme of things relating to Digital Signature
Certificates like Issuance, Suspension,
Revocation of Digital Signature Certificate.The
duties of subscribers are also enshrined in the
said Act.
 Chapter –VIII is about the DUTIES OF
SUBSCRIBERS of Digital Signature Certificate

 Chapter-IX : of the said Act talks about
penalties and adjudication for various
offences. The penalties for damage to
computer, computer systems etc. has been fixed
as damages by way of compensation not
exceeding Rs. 1,00,00,000 to affected persons.
The Act talks of appointment of who shall
adjudicate whether any person has made a
contravention of any of the provisions of the
said Act or rules framed there under.The said
Adjudicating Officer has been given the powers
of a Civil Court.

 Chapter-X : of the Act talks of the
establishment of the Cyber Regulations
Appellate Tribunal, which shall be an appellate
body where appeals against the orders passed
by the Adjudicating Officers, shall be preferred.
 Chapter-XI of the Act talks about various
offences and the said offences shall be
investigated only by a Police Officer not below
the rank of the Deputy Superintendent of Police.
These offences include tampering with
computer source documents, publishing of
information, which is obscene in electronic form,
and hacking.

 Chapter –XII deals with the non liability of
Network service providers.

Advantages of Cyber Laws
 The IT Act 2000 attempts to change outdated
laws and provides ways to deal with cyber
crimes.We need such laws so that people can
perform purchase transactions over the Net
through credit cards without fear of misuse.
 The Act offers the much-needed legal
framework so that information is not denied
legal effect, validity or enforceability, solely
on the ground that it is in the form of
electronic records.

 The Act has also proposed a legal framework for
the authentication and origin of electronic
records / communications through digital
signature.
 From the perspective of e-commerce in India,
the IT Act 2000 and its provisions contain many
positive aspects. Firstly, the implications of
these provisions for the e-businesses would be
that email would now be a valid and legal form
of communication in our country that can be
duly produced and approved in a court of law.

 Companies shall now be able to carry out
electronic commerce using the legal
infrastructure provided by the Act.
 Digital signatures have been given legal validity
and sanction in the Act.
 The IT Act also addresses the important issues of
security, which are so critical to the success of
electronic transactions.The Act has given a legal
definition to the concept of secure digital
signatures that would be required to have been
passed through a system of a security
procedure, as stipulated by the Government at a
later date.

 Under the IT Act, 2000, it shall now be
possible for corporates to have a statutory
remedy in case if anyone breaks into their
computer systems or network and causes
damages or copies data.The remedy
provided by the Act is in the form of
monetary damages, not exceeding Rs. 1
crore.

IT Amendment Act, 2008- An act
to amend the IT Act 2000
 The InformationTechnology (Amendment)
Act, 2008 an act to amend the IT Act 2000
received the assent of the President on 5th
February 2009. Several legal & security
experts are in the process of analyzing the
contents and possible impacts of the
amendments.
 1. Data Protection
 2. Information Preservation

Data Protection
 The Government introduced a separate bill
called “Personal Data Protection Act 2006”
 The ITA 2008 has introduced two sections
which address Data Protection aspects to an
extent, which gives rise to certain key
considerations for the sector.

Information Preservation
 Across the amendments there are several
references to “service providers” or
“intermediaries”, which in some form would
apply to all Indian companies.
 e.g. Section 67C: Preservation and Retention
of information by intermediaries.

 Intermediary shall preserve and retain such
information as may be specified for such duration
and in such manner and format as the Central
Government may prescribe”. Any intermediary
who intentionally or knowingly contravenes the
provisions shall be punished with an imprisonment
for a term which may extend to 3 years and shall
also be liable to fine.

 Apart from the two aspects discussed in this
note, there are other areas which could also be
considerations for E.g.
 Sec 69: Power to issue directions for interception
or monitoring or decryption of any information
through any computer resource.
 Sec 69B: Power to authorize to monitor and
collect traffic data or information through any
computer resource for Cyber Security. etc.

 IT Risk management and response needs to be
looked at by all companies for various reasons
including customer assurance, compliance,
customer regulations, protection of information
assets etc.The ITA 2008 amendments provide us
with few additional factors for considerations
which could have significant impact on business.
 Information technology regulations and laws
would only get more stringent and defined;
hence it’s imperative for organizations to be
aware and prepared.

Dr. Kamal Gulati
Associate Professor |
University Quality Support Head |
Mentoring Programme Coordinator
[Ph. D., M.Sc. (Computer Science), M.C.A., M.B.A]
Professional Certifications:
 Certified Microsoft Innovative Educator
 Data Science 101 Certification from Big Data University
 R Language 101 Certification from Big Data University
 SQL Certification from SOLOLEARN.com
 Certified IBM Big Data 101 from Big Data University
 R Program & Python Certified from DataCamp
 Wiley Certified Big Data Analyst [WCBDA]
 Certification on DBMS from IIT Mumbai
 Certified Cisco Certified Network Associate [CCNA]
 Certified Microsoft Certified Professional [MCP]
 Certified Brainbench in Computer Fundamentals, Microsoft Access, MySQL 5.7 Administration &
Microsoft Project

• Worked as Visiting Professor with Stratford University, USA for six months from
Jan’2016 to June’2016.
• Also worked at Bahrain University in Kingdom of Bahrain Sr. I.T. Faculty (Computer
Science Department) for Period of 2Years.
• Have rich experience in the field of teaching and research in Computer Science and
InformationTechnology for almost 15+ years in Academia.
• Having experience of working with both private and public institutions and
universities as the lecturer and self-instruction material writer for Information
Technology courses.
• Had number of research papers published in national and international journals and
conference proceedings in IEEE and Scopus Index.
• Also chaired various National and International Conferences of repute and associated
with various International Journals as Editorial Board Member for International and
National, Academic Adviser and Research Paper Reviewer.
 My current area of interest: Big Data Analytics, R Software, Management
Information System, IT Project Management, Decision Support System, Business
Analytics, Database Management System, Data Networking and Advanced Excel
withVisual Basic Macros.
 Country Visited: USA, Canada, UK, UAE, Bahrain, Oman (Mostly for Teaching and
Research Purpose)
Profile of Dr. Kamal Gulati

 Technical Program Committee for International Conference on Data, Engineering and Applications
2017 (IDEA-2k17) which would be on October 28-29, 2017 at Bhopal. http://www.ideaconference.in
 Advisory Board Committee Member for International Conference on Energy, Communication,
Data Analytics and Soft Computing (ICECDS) which would be on 1-2 August 2017 at SKR
Engineering College, Poonamallee, Tamil Nadu, India. http://ecds.org.in
 Advisory Committee Member for International Conference on Innovative Research in Engineering
and Science which would be on 16-17 June 2017 at Asian Institute of Technology Conference Center
Thailand. http://www.iresconf.org
 Advisory Committee Member for International Conference on Cloud Computing and Internet of
everything which held on 10-11 Feb’2016 at Delhi-NCR. http://www.ccioet.org
 Technical Committee member for InCITe-2016 (International Conference on Information
Technology) Theme - Internet of Things: Connect Your Worlds, IT Summit, Amity University 2016
which held on 06-07 Oct, 2016. http://www.amity.edu/incite2016
 Technical Speaker for Global perspective on IT business “The Changing Scenario” – Big Data on
International Students Conference New Delhi (ISCND) which held on 14-15 Oct, 2016
http://iscnd.com
 Advisory Committee Member for International Conference on Sustainable Computing Techniques
in Engineering, Science and Management which has held on 09-10 Sep’2016 at Delhi-NCR.
http://www.scesm.org
 Technical Program Committee Member for Program Committee Member for International
Conference on Recent Trends IN ICT, Jaipur, India, Aug 18-19, 2017 http://rtict.org
 Program Committee Member for International Conference on Recent Advancement in Computer
and Communication Bhopal, India, (IC-RAC-2017) May 26-27, 2017 http://www.icrac.co.in
Profile Contd….

 Editorial Board member for the following International Journals:
 International Journal of Computer Science and Innovation
http://www.infinitysciences.org
 International Journal of Latest Research in Engineering andTechnology
http://www.ijlret.com
 International Journal of LatestTrends in Engineering andTechnology
http://www.ijltet.org
 International Journal of Application or Innovation
in Engineering & Management http://www.ijaiem.org
 International Journal for Management http://www.ijm-apm.com
 ITM International Journal of Innovations in Science, Engineering &
Management www.iijisem.org
 The International Journal of Emerging Engineering and Embedded Systems
http://www.ijeees.org
 Conference Info http://conferenceinfo.org/tpc.php
 International Journal of Computer Engineering in ResearchTrends (IJCERT)
http://www.ijcert.org
 Expert Speaker for Program “Insurance Beyond Doubt” Presented by Oriental Insurance Co Ltd.
https://www.youtube.com/watch?v=GrvJkN_Zn3Q
Profile Contd….

BOOK, CHAPTER, and CASE STUDY Published
 Published Book on “A Study of Changing Trends in E-CRM of Indian
Insurance Industry” Published by LAP Lambert Academic
Publishing, one of the top researchers and renowned scientists of
Germany with ISBN: 3330009543, 9783330009547. The Book
available at Amazon.com.
 Published Real Case Study on “IoT Security Considerations for
Higher Education” published on Business Cases - RENVOI 2017
BOOK (The Case Centre, UK) with ISBN: 978-1-4828-8840-9, Page
63-70. The Book available at the various online website: Amazon,
AbeBooks, Chegg, Barnes & Noble.
 Published Chapter on "Role of eWorld in Insurance Innovation"
Published by Insurance Institute of India (III), 60 Years Diamond
Jubilee, Compendium, Nov 2016 – (Magazine) – One of the
premium Insurance Institute of India.

Contact Details
 Email : drkamalgulati@gmail.com
 Website : http://mybigdataanalytics.in
 LinkedIn : https://in.linkedin.com/in/drkamalgulati

IT Act 2000 & IT Act 2008

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