About the Book
Understanding Laws: Cyber Laws and Cyber Crimes is an innovative attempt to make the complex legal jargons and provisions simpler using practical situations which one may encounter in their daily lives. The book consists of nine chapters, each dealing with a specific area provided under the Information Technology Act, 2000. Other laws regarding copyright, trademarks, evidence, and punishments thereunder, have been discussed, so that there is a comprehensive understanding of the law. The emerging area of electronic contracts, digital signatures, e-governance including e-courts and cloud computing have been separately dealt with and a brief overview on social networking websites has also been specifically provided. Major offences like hacking, data theft, piracy, pornography, email fraud etc., have been elaborated along with the relevant case-laws and procedural issues. This book provides links to relevant videos, concerned authorities and courses on cyber law. This book is an invaluable source of knowledge about how to effectively deal with cyber-crimes in the highly vulnerable circumstances present today. It is a must have for all citizens, including law students, and those intending to join law schools.
Table of Contents: Introduction Need to Study Cyber Law and Understand Cyber Crimes 1
Structure of the Book 3
1. Overview of the Information Technology Act, 2000 7
What is a Cyber Crime? 7
Background of the IT Legislation in India 10
Information Technology (Amendment) Act, 2008 (ITAA) 10
Structure of the IT Act, 2000 12
Applicability and Jurisdiction 12
National Cyber Security Policy, 2013 13
Salient Features of the Policy 14
National Policy of Information Technology 2012 14
Other Laws as Amended by the IT Act 16
The Indian Penal Code, 1860 16 viii Contents
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The Indian Evidence Act, 1872 16
The Bankers’ Books Evidence Act, 1891 (‘BBE’) 17
Reserve Bank of India Act, 1934 17
2. Regulatory Authorities 19
Department of Electronics and Information Technology 19
Certifying Authority (‘CA’) 20
Controller of Certifying Authorities (‘CCA’) 21
Root Certifying Authority of India (‘RCAI’) 21
Adjudicating Offi cer (‘AO’) 22
Cyber Appellate Tribunal (‘CAT’) 22
Indian Computer Emergency Response Team (‘CERT-In’) 23
Cyber Crime Cell 24
Investigation and Computer Forensics 24
Chain of Custody 25
3. Electronic Governance, Digital Signature and
Electronic Signature 27
E-Governance 27
Cloud Computing 27
E-Courts Mission Mode Project 29
Digital Signature and Electronic Signature 29
Digital Signature versus Handwritten Signatures 31
Overview of how Digital Signatures work 32
Authorities Granting and Validating Digital Signatures 33
What is a Digital Signature Certifi cate? 35
Types of Digital Signature Certifi cates 35
Certifi cate Revocation 35
Media for Storage of Digital Signature Certifi cates 36
4. Electronic Records and their Evidentiary Value 37
Electronic Records 37
Essentials of an E-contract 38