it act 2000

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Information about it act 2000

Published on May 5, 2010

Author: mukeshduke


Slide 1: INFORMATION TECHNOLOGY ACT,2000 Slide 2: Presentation given BY DUKE GROUP “We think differently & we do Excellent” UNDER THE CANDID SUPPORT OF: MUKESH KUMAR SINGH ANKIT SINDHAV AKANKSHA SHARMA UNDER THE GUIDENCE OF ALL OF MY CLASSMATES & RESPECTED “ARPIT SIR” TECHNOLOGY –THE NEW AGE : TECHNOLOGY –THE NEW AGE Technology is the mover of change, economies, governance and thought processes. Coming of technology has paved the way for growth of new vistas and horizons. INTERNET : INTERNET The coming of the Internet is one of the most important development in the human history after the advent of fire. The coming of Internet has dramatically changed the way we think, the way we govern, the way we do commerce and the way we perceive ourselves. NEW TECHNOLOGY IN ADMINISTRATION OF JUSTICE : NEW TECHNOLOGY IN ADMINISTRATION OF JUSTICE The coming of new technology facilitates greater access, transparency, comfort level and ease of operations. Technology acts as a social tool for governance and dispensation of justice. NEW TECHNOLOGY IN ADMINISTRATION OF JUSTICE : NEW TECHNOLOGY IN ADMINISTRATION OF JUSTICE Technology becomes an integral part of governmental action and policy in its endeavors reach out to the rules of social justice and for ensuring justice and equity for one and all. CHALLENGES : CHALLENGES The important issue before government and policy makers is how to piggy ride advantages of new technology and how to harass its benefits for the purpose of administration of justice. INNOVATION & IMPROVEMENT : INNOVATION & IMPROVEMENT For that there is a need for a constant innovation and improvement. There is a need for incorporating new technologies. There is a further need towards adoption of new technologies. INFORMATION TECHNOLOGY ACT, 2000 : INFORMATION TECHNOLOGY ACT, 2000 We in India also have had a vision to become the 12th nation in the world to enact a Cyberlaw. We have enacted the Information Technology Act, 2000. THE IT ACT, 2000 –OBJECTIVES : THE IT ACT, 2000 –OBJECTIVES To provide legal recognition for transactions:- Carried out by means of electronic data interchange, and Other means of electronic communication, commonly referred to as "electronic commerce", involving the use of alternatives to paper-based methods of communication and storage of information, THE IT ACT, 2000 –OBJECTIVES (contd) : THE IT ACT, 2000 –OBJECTIVES (contd) To facilitate electronic filing of documents with the Government agencies To amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934 ELECTRONIC CONTRACT : ELECTRONIC CONTRACT ACCEPTANCE OF CONTRACT MAY BE EXPRESSED BY ELECTRONIC MEANS OF COMMUNICATION. The same shall have legal validity and enforceability. CYBER CRIMES : CYBER CRIMES © Seth Associates, 2008 All Rights Reserved DIGITAL SIGNATURE : DIGITAL SIGNATURE A digital signature or digital signature scheme is a mathematical scheme for demonstrating the authenticity of a digital message or document. A valid digital signature gives a recipient reason to believe that the message was created by a known sender, and that it was not altered in transit. Digital signatures are commonly used for software distribution, financial transactions, and in other cases where it is important to detect forgery and tampering. DIGITAL SIGNATURE : DIGITAL SIGNATURE "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; The private key and the public key are unique to the subscriber and constitute functioning key pair Verification of electronic record possible Essential steps of the digital signature process : Essential steps of the digital signature process STEP 1 The signatory is the authorized holder a unique cryptographic key pair; STEP 2 The signatory prepares a data message (for example, in the form of an electronic mail message) on a computer; STEP 3 The signatory prepares a “message digest”, using a secure hash algorithm. Digital signature creation uses a hash result derived from and unique to the signed message; STEP 4 The signatory encrypts the message digest with the private key. The private key is applied to the message digest text using a mathematical algorithm. The digital signature consists of the encrypted message digest, STEP 5 The signatory typically attaches or appends its digital signature to the message; STEP 6 The signatory sends the digital signature and the (unencrypted or encrypted) message to the relying party electronically; Essential steps of the digital signature process : Essential steps of the digital signature process STEP 7 The relying party uses the signatory’s public key to verify the signatory’s digital signature. Verification using the signatory’s public key provides a level of technical assurance that the message came exclusively from the signatory; STEP 8 The relying party also creates a “message digest” of the message, using the same secure hash algorithm; STEP 9 The relying party compares the two message digests. If they are the same, then the relying party knows that the message has not been altered after it was signed. Even if one bit in the message has been altered after the message has been digitally signed, the message digest created by the relying party will be different from the message digest created by the signatory; STEP 10 Where the certification process is resorted to, the relying party obtains a certificate from the certification service provider (including through the signatory or otherwise), which confirms the digital signature on the signatory’s message. The certificate contains the public key and name of the signatory (and possibly additional information), digitally signed by the certification service provider. Section 15- Secure Digital Signatures : Section 15- Secure Digital Signatures If Digital signatures are applied in such a manner that if ER was altered the Digital Signatures would be invalidated then it is called Secured Digital signatures Unique to subscriber Identifies the subscriber Digital Signature Certificate [Chapter VII] : Digital Signature Certificate [Chapter VII] Any person may make an application to the Certifying Authority for issue of Digital Signature Certificate. The Certifying Authority while issuing such certificate shall certify that it has complied with the provisions of the Act. The Certifying Authority has to ensure that the subscriber (i.e., a person in whose name the Digital Signature Certificate is issued) holds the private key corresponding to the public key listed in the Digital Signature Certificate and such public and private keys constitute a functioning key pair. The Certifying Authority has the power to suspend or revoke Digital Signature Certificate. Section 12- Acknowledgement of Receipt : Section 12- Acknowledgement of Receipt If Originator has not specified particular method- Any communication automated or otherwise or conduct to indicate the receipt If specified that the receipt is necessary- Then unless acknowledgement has been received Electronic Record shall be deemed to have been never sent Where ack. not received within time specified or within reasonable time the originator may give notice to treat the Electronic record as though never sent Section 13- Dispatch of Electronic record : Section 13- Dispatch of Electronic record Unless otherwise agreed dispatch occurs when ER enters resource outside the control of originator If addressee has a designated computer resource , receipt occurs at time ER enters the designated computer, if electronic record is sent to a computer resource of addressee that is not designated , receipt occurs when ER is retrieved by addressee If no Computer Resource designated- when ER enters Computer Resource of Addressee. Shall be deemed to be dispatched and received where originator has their principal place of business otherwise at his usual place of residence AUTHENTICATION OF ELECTRONIC RECORDS : AUTHENTICATION OF ELECTRONIC RECORDS Any subscriber may authenticate an electronic record Authentication by affixing his digital signature. Any person by the use of a public key of the subscriber can verify the electronic record. ELECTRONIC GOVERNANCE : ELECTRONIC GOVERNANCE Legal requirements of any information or any other matter being in writing or in the typewritten or printed form, shall be deemed to have been satisfied if such information or matter is— ELECTRONIC GOVERNANCE (contd.) : ELECTRONIC GOVERNANCE (contd.) (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference. DIGITAL SIGNATURES & ELECTRONIC RECORDS : DIGITAL SIGNATURES & ELECTRONIC RECORDS LEGAL RECOGNITION OF DIGITAL SIGNATURES OFFENCES & PENALTIES : OFFENCES & PENALTIES Penalties and adjudication for various offences involving computers, computer systems and computer networks. PRACTICAL CHALLENGES : PRACTICAL CHALLENGES WE MUST ENSURE THAT THE FINAL OUTPUT OF ANY ELECTRONIC GOVERNANCE PROJECT MUST BE LEGAL IN A COURT OF LAW NEED TO COMPLY THE STRICT REQUIREMENTS OF IT ACT, 2000 AND AMENDED INDIAN EVIDENCE ACT NO RIGHT TO INSIST ON ELECTRONIC FILING : NO RIGHT TO INSIST ON ELECTRONIC FILING The IT Act talks about the use of electronic records and digital signatures in government agencies. Yet, strangely it further says in section 9, that this does not confer any right upon any person to insist that the document in questions should be accepted in electronic form. CYBERCRIMES : CYBERCRIMES NEW FORMS AND MANIFESTATIONS OF CYBERCRIMES EMERGING EVERYDAY. NEED FOR NEW LEGISLATIVE MECHANISMS TO CONTROL CYBERCRIME! NEED FOR NEW LAWS ON : NEED FOR NEW LAWS ON DATA PROTECTION SPAM INFORMATION SECURITY NEED FOR NEW LAWS ON : NEED FOR NEW LAWS ON PRIVACY PROTECTION OF INDIAN CHILDREN ONLINE I.T. ACT 2000 - CONCLUSION : I.T. ACT 2000 - CONCLUSION The other steps have to follow. However, the government has to be quick in responding to the challenges raised by the constantly changing technologies. Just as time does not wait for anyone, so does Internet. The time to act is right now. FUTURISTIC APPROACH : FUTURISTIC APPROACH There is a need for adopting a futuristic approach while using new technology to leap frog into future growth and development. Slide 34: We need to establish a regulatory and policy framework in such a manner so that, the same is enabling in nature and allows the adoption and easy access to technologies. Slide 35: We also need to change mindsets of political leadership in the country in such a manner so as to make it more technology savvy. Our proclaimed goals are for the establishments of a sovereign, socialist, security, democratic, republic Slide 36: What is important is the need for the relevant enabling infrastructure, a vibrant observing mindset and enabling a legal policy framework. Slide 37: Thank You!

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