Lehar Ajwani Mehul Jain Shweta Singh Puneet Vyas Subodh Mallya
Background \ue000Drew
inspiration from Model Law on Electronic
Commerce adopted by the United Nations Commission of International Trade Law (UNCITRAL). \ue000The
said resolution recommends inter alia
that all states give favorable consideration to to the said Model Law when they enact or revise their laws.
Objective \ue000Seeks
to address two technological revolution.
different
aspects
\ue000Providing
legal recognition to electronic transactions and use of alternatives to paperbased methods of communications and storage etc.
\ue000Regulation
other offences.
and
control
of
Cyber
Crime
and
\ue000Seeks
to define various offences arising out use of Digital Signatures
\ue000Lays
guidelines for regulating these offences.
Structure of the Act Consists of 13 Chapters.
Chapter 1: Describes the scope and applicability of the act and the definitions clause. Chapter 2: Authentication using digital signatures and asymmetric cryptosystem Chapter 3: Legal recognition of electronic records and digital signatures. Chapter 4: Contractual aspects of use of electronic records such as attribution, acknowledgement, time and place of dispatch and receipt. Chapter 5: presumptions electronic records
available
to
secure
Chapter 6,7,& 8: legal frame work within which DS can be issued and used.
Structure Of The Act (contd’…) Chapter 9,10 & 11: contraventions offences and penalties Chapter 12: single provision directed towards issue of network service provider liability Chapter 13: miscellaneous provisions
Transactions Transaction: “An action or a set of actions occurring
between two or more persons relating to the conduct of the business, commercial or governmental affairs.” Automated Transactions: “A transaction conducted or
performed, in whole or in part, by electronic means or electronic records in which the acts of one or both the parties are not reviewed by an individual in the ordinary course of forming a contract, performing under existing contract or fulfilling an obligation required by the transaction.”
Paperless Contract IT Act read in conjunction with the Contract Act. There has to be an offer. There has to be an acceptance of the said offer. There has to be some consideration for the
contract.
Legal issues in e-commerce Though
the
Internet
is
a
goldmine,
without
adequate
legal
protection it could become a landmine
E-commerce
is
the
mode
of
conducting
business
through
electronic means.
All business activity conducted using a combination of electronic communications and information processing technology.
Total transaction volume of e-commerce in India is expected grow rapidly to Rs. 1,950 crore by 2008
CORE LEGAL ISSUES • Offer and Acceptance • Click wrap contracts • Online Identity • Security : Security over the Internet is of immense importance to promote e-commerce. • Authentication :Though the Internet eliminates the need for physical contact, it does not do away with the fact that any form of contract or transaction would have to be authenticated
PRIVACY & DATA PROTECTION No legislation in India that upholds the privacy rights of an individual
•Dissemination of sensitive and confidential medical, financial and personal records of individuals and organisations; • Sending spam (unsolicited) e-mails; • Tracking activities of consumers by using web cookies • Unreasonable check and scrutiny on an employee’s activities, including their email correspondence.
Intellectual Property Rights
The Internet is a boundless and unregulated medium ("IPRs") is a challenge and a growing concern amongst most e-
businesses
ISSUES IN E-COMMERCE TRANSACTIONS Preventing unauthorised hyper linking and meta tagging Protection against unfair competition • Interactive marketing practices • Spamming • Immersive marketing .
Domain Names :If the company chooses a domain name that is similar to some domain name or some existing trademark of a third party, the company could be held liable for cybersquatting.
Electronic payment issues Secure Credit Card Transactions Recognition of digital currencies Determining the relevant jurisdiction Risk of Regulatory Change Transaction risks Consumer-oriented risks
JURISDICTION
For example, XYZ, a company in London, having its server in USA, ma sell its products to customers in India or other countries.
If you receive defective goods or if you regret having made the purchase the question would arise as to which jurisdiction can you sue the company or claim damages or withdrawal respectively.
The company, onthe other hand, might find itself confronted with foreign
REGULATORY MEASURES CMS - Electronic Copyright Management System .
WIPO - World Intellectual Property Organisation
-commerce Taxation ealising the potential of
earning tax revenue from such sources,
tax authorities world over are examining the tax implications of ecommerce transactions and resolving mechanisms to tax such transactions.
Concept of Keys A ‘key’ comprises of a series of binary digits Locking / Unlocking of Keys “Key Pairs” consist of two keys Public Key Private Key
What is Cryptography? Hashing Algorithm ‘RSA” used for encryption/decryption Where does my computer store my private key? Who needs a key pair? For how long does a key stay valid? What happens when a key expires?
Message Transfer I N T E R N E T
REGULATION OF CERTIFYING AUTHORITIES
Exercising supervision over the activities of the Certifying Authorities Certifying public keys Laying down the standards Facilitating the establishment of any electronic system by a Certifying Authority / Certifying Authorities Resolving any conflict of interests between the Certifying Authorities and the subscribers Laying down the duties of the Certifying Authorities
Maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.
Act as repository Recognition of foreign Certifying Authorities. Recognition of foreign Certifying Authorities. Power to delegate Power to investigate contraventions. Access to data and computer systems
CERTIFYING AUTHORITY FUNCTIONS Make use of hardware, software and procedures that are secure from intrusion and misuse Provide a services
reasonable
level
of
To ensure compliance of the Act Disclosure
reliability
in
its
Demonstration of Use of DSC
Demonstration of Use of DSC
Digital Digital Signature Certificate To Be Attached here
Details for Registering a DSC
Cyber Crime
Offences Under IT Act 2000
Offences Under IT Act 2000 The offence
Offence
Not an Offence
Conditions
Computer network break-ins Only if a computer is involved
Industrial espionage Copyright piracy
χ
Software Piracy
χ
Child Pornography E-mail bombings
χ Only after the password is Actually used to hack
Password ‘sniffers Spoofing
χ
Credit card fraud Cyber squatting
χ
Misleading search words
χ
Using an imaginary password and gaining access to a software Changing the information in a file by a regular operator Copying data and selling or giving free to any third party While playing games, a virus enters the system Taking a bribe to permit an offender to gain
Penal Provisions 43. Penalty of damage of computer, computer system, etc. If any person without permission of the owner or any other person who is in charge of a computer, computer or computer network,c)accesses or secures access to such computer, computer system or computer network; d)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; e)introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network; f)damages or causes to be damaged any computer, computer system or
Penal Provisions 43. Penalty of damage of computer, computer system, etc. If any person without permission of the owner or any other person who is in charge of a computer, computer or computer network,c)disrupts or causes disruption of any computer, computer system or computer network; d)denies or causes the denial of access to any person authorised to access any computer, or computer network by any means; e)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; f)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,
Cyber Appellate Tribunal
Sections 48 – 64 Deals with the Cyber Appellate Tribunal
Cyber Appellate Tribunal
Cyber Appellate Tribunal Appeal to Cyber Appellate Tribunal (1) Save as provided in sub-section (2), any person aggrieved by an order made by Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal jurisdiction in the matter. (2) No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Controller or the adjudicating officer is received by the person aggrieved and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Cyber Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for
Cyber Appellate Tribunal Appeal to Cyber Appellate Tribunal (4) On receipt of an appeal under sub-section (1), the Cyber Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Cyber Appellate Tribunal shall send a copy or every order made by it to the parties to the appeal and to the concerned Controller or adjudicating officer. (6) The appeal filed before the Cyber Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from
Conclusion WHERE WE ARE Fastest growing sector Contributes more than $30 Billion to India’s G.D.P World leader in outsourcing DIFFICULTIES Slow response from govt. Less support from foreign law enforcement agencies Slow in adaptability of technology used by criminals
Suggestions FUTURE COURSE OF ACTION Need international co-operation Mutual co-operation between countries Transfer of technology between countries Deportation of criminals Educate the masses Spreading awareness about cyber crimes Training and educating policemen More and more stringent norms
THANKS QUESTIONS
