The Information Technology Act, 2000 – Rather Than Giving Information and Technology, Give Rise to More Cybercrimes

LEGAL ENVIRONMENT OF ORGANISATIONS

The Information Technology Act, 2000 – rather than giving Information and Technology, give rise to more cybercrimes

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Index

INTRODUCTION        3

OBJECTIVES OF IT ACT………………………………………………………………………………………………………………………..3

STRUCTURE OF IT ACT        4

Major Government initiatives to combat cyber-crimes and threat to information security        5

Keywords arising out of IT ACT        8

DIGITAL SIGNATURE        11

ELECTRONIC SIGNATURE        12

FORMATION OF CONTRACT        15

IT AMENDMENT ACT (ITA-2008)        17

DATA PROTECTION        19

LIABILITY OF INTERMEDIARIES        22

STATISTICAL DATA        30

CASE STUDY AND OTHER RELEVANT CASELETS        37

Case 1: Nasscom vs Ajay Sood and Others        37

Case 2: Avnish Bajaj vs State of Delhi, (2005)        38

Caselet 1: Poona Auto ancillaries Pvt. Ltd., Pune Versus Punjab National Bank, Head office, New  Delhi………………………………………………………………………………………………………………………………………………..39

Caselet 2: Shreya Singhal vs Union of India (Sec 66A)        41

Caselet 3: State of Tamil Nadu and Suhas Katti        42

Impact of IT Act on banking sector        44

Cyber Crimes and Cyber Laws        48

Comparison with China and US data protection Act        51

NASSCOM (The National association of Software and Service Companies)……………………………………… 53

Future IT Trends with Legal Implications        58

Conclusion        62

Bibilography        65

INTRODUCTION

Technology has progressed at such a rapid pace that it is hard to imagine that twenty years ago hardly anything existed. It has been extremely challenging for everyone to adapt to its pace which also includes the field of law. This comes from the fact that in the initial stages either the law did not recognize it or was silent on it. Also, due to the nascent medium, attackers and intruders took unnecessary advantage by spreading viruses and gaining unauthorized access to critical systems and their information. This led to a lot of scrutiny from all over the world and as a result, The United Nations Commission on International Trade Law prepared a model act for countries to adopt. The Indian Government reacted by enacting the Information and Technology Act, 2000. With the amendment in the year 2008, the act now covers many aspects of the new medium. However, there is no body of court judgments to give decisive meanings to the Provisions of the Act.