informationtechnologylaw

Ans: Germany joined League of nation in 1925 but due to hitler's dictatorship in 1933, Germany left the league of nation. In 1931 , the league of nation failed to prevent the Japanese aggression against China.  In 1935, Italy invaded abyssinia and Abyssinia appealed to the league under Article 10 of the covenant, Italy left league of nation to conquer abyssinia.  The judicial settlement by international court of justice was also not made compulsory and member states were allowed to violate international law and imperil peace and security of world with impunity.

Ans:   Section 51 of Information Technology Act, 2000 mentions t erm of office, conditions of service, etc., of Chairperson and members. 51(1). The Chairperson or Member of the Cyber Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. 51(2).  The person should not have any financial or other interests. There must not be any personal benefit in becoming the chairperson and member of Cyber Appellate Tribunal. 51(3). To become the chairperson or member of Cyber Appellate Tribunal,  a person must have to take the retirement from the central government or state government job.  

Ans: The qualification of members of cyber appellate tribunal are mentioned under Section 50 of information technology act,  2000 .  Under Section 50 of information technology act,  1. To be a Chairperson of cyber appellate tribunal,  a person must have the eligibility to be a judge of high court.  Either he has practised as a judge for 10 years or he has practised as an advocate for 10 years in high court.  2.  To be a member of cyber appellate tribunal,  a person a person must hold the post of Additional Secretary or equivalent for 1 year or joint secretary or equivalent for 7 years and he must have the experience in telecommunication, information technology and consumer affairs.  3. To be a judicial member of cyber appellate tribunal,  a person in Indian Legal Service must hold the post of Additional Secretary for 1 year or any grade 1 post for 5 years. 

Ans: Cyber Appellate Tribunal is mentioned from sections 48 to section 58 of information technology act, 2000. 

Ans:  Section 66 F of information technology act deals with cyber terrorism.  66-F. Punishment for cyber terrorism.—(1) Whoever,— (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by— (i) denying or cause the denial of access to any person authorised to access computer resource; or (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or (iii) introducing or causing to introduce any computer contaminant.  Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life. To perform terrorism using internet is cyber terrorism.  In cyber terrorism,  the internet is used to commit violent acts that result in loss of life or physical harm or intimidation of people in order to gain political as well as ideological benefits.

Ans:  Section 66 E of Information Technology Act, 2000 deals with punishment for violation of privacy. Any person who intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Explanation. -For the purposes of this section: (a) "transmit" means to electronically send a visual image with the intention that it be viewed by a person or persons with the permission. (b) "capture", with respect to an image, means to videotape, photograph, film or record by any means without permission. (c) "private area" means the naked or undergarment clad genitals, pubic area, buttocks or female breast. (d) "publishes" means reproduction in the printed or electronic form and making it available for public...

Ans:  According to section 66C of Information Technology Act, 2000, w hoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh. T hus, the password hacking is an offence under section 66 and 66C of Information Technology Act, 2000. Footprinting, Scanning and Enumeration Tools are the techniques to get more information about the victim using enumeration tool. Footprinting means to collect the every possible information related to target and target network. Footprinting is of two types:  1. Active Footprinting  2. Passive Footprinting If the ethical hacking is performed without directly connected to target network,  it is called Passive Footprinting. If the ethical hacking is performed by directly connected to...

Ans: If a person receives stolen computer resources or stolen computer devices, it is an offence under section 66 B of information technology act, 2008.  According to Section 66B of Information Technology act, 2000, whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. It is bailable offence.  Any offence that has the punishment upto 3 years is bailable offence. Bailable offence is mentioned under section 2(a) of Criminal Procedure Code, 1973. Other communication devices includes mobile phones, tablets, iPad, etc.

 Ans:  It is an offence to send offensive information using computer resources under Section 66 A of information technology act.   The provision also made it punishable for a person to send information that they believed to be false.   The weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger, obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech. Hence, the Supreme Court of India received a Public Interest Litigation (PIL) challenging the constitutionality of Section 66 A of the IT Act. The person shall be punishable with imprisonment for a term which may extend to three years and with fine. Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Construct...

Ans: If a person cheats using computer resources,  he would be punished under section 66 D of information technology act and cheating can be performed by personation.  Spoofing is a technique of cheating by personation.  A penetration test, colloquially known as a pentest or ethical hacking, is an authorized simulated cyberattack on a computer system, performed to evaluate the security of the system; this is not to be confused with a vulnerability assessment.The test is performed to identify weaknesses (also referred to as vulnerabilities), including the potential for unauthorized parties to gain access to the system's features and data, as well as strengths, enabling a full risk assessment to be completed. Any person by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. x...

Ans: Section 66: Computer related offences.  Cheating using computer resource: Section 66 D Sending offensive information: Section 66A Receiving stolen computer resource: Section 66B Fraudently use electronic signature,  password and unique identification feature of any other person: Section 66 C Violation of privacy: Section 66 E Cyber terrorism: Section 66 F

Ans: Section 65 of information technology act deals with tampering with computer source and documents. Epsionage and Trojan horse attack are internal attacks whereas spoofing, phishing, brute force attack and sql injection attack are external attacks. Epsionage:  the practice of spying or of using spies, typically by governments to obtain political and military information. Any person who intentionally  conceals, destroys or alters anything from the computer source will be punished with imprisonment upto 3 years and fine upto Rs 2 lakhs. It mentions about the tampering of electronic evidence.

Ans: The Information Technology (Amendment) Act, 2008 received the presidential assent on 5th February 2009. The Information Technology (Amendment) Act, 2008 came into force on 27th October 2009. The Information Technology (Amendment) Act, 2008 provides the additional focus on cybersecurity. The term 'electronic signature' was introduced in IT Act  (Amendment) 2008. The Act added several new sections on the offences such as cyber terrorism and data protection. As per the IT (Amendment) Act 2008 the level of investigation brought down to the inspector from DSPs.

Ans: The information technology act, 2000 comprises of 13 chapters, 94 Sections and 4 schedules.  The information technology act, 2000 was signed by Dr. K. R. Narayanan on 9th May, 2000 and the information technology act,  2000 came into force from 17th October,  2000.  The law is applicable to whole of India.  The acts that were amended due to information technology act, 2000 are Indian Penal Code, 1860, Indian Evidence Act, 1872, Transfer of property act,  1881 , Banker's book evidence act, 1891 and Reserve Bank of India Act, 1934.  The information technology amendment bill 2008 was signed by President Smt. Pratibha Patil on 5th February,  2009.  The information technology amendment bill was passed by Lok Sabha on 22nd December,  2008 and passed by  Rajya Sabha on 23rd December   2008. 

Ans: According to section 52 of Information Technology (Amendment) Act, 2008, the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Chairperson or a Member of the Cyber Appellate Tribunal shall be such as may be prescribed by Central Government. x

  Ans: Section 51 of Information Technology Act, 2000 mentions t erm of office, conditions of service, etc., of Chairperson and members. 51(1). The Chairperson or Member of the Cyber Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. 51(2).  The person should not have any financial or other interests. There must not be any personal benefit in becoming the chairperson and member of Cyber Appellate Tribunal. 51(3). To become the chairperson or member of Cyber Appellate Tribunal,  a person must have to take the retirement from the central government or state government job.  

  Ans: According to section 50 of Information Technology Act, 2008, the qualifications of chairperson and members of Cyber Appellate Tribunal are as follows: 1. To be a Chairperson of Cyber Appellate Tribunal, a person must have the eligibility to become the judge of high court i.e., either he has practised as an Advocate of High Court for 10 years or he held the Judicial office for 10 years. 2.  To be a member of Cyber Appellate Tribunal, a person must have the sound knowledge and professional experience in either of IT, Telecommunication and Consumer Affairs, and  a person in service of Central Government or State Government held the post of Additional Secretary or equivalent for atleast 1 year or joint secretary or equivalent for the period of atleast 7 years. 3. To be a judicial member of Cyber Appellate Tribunal, a person in Indian legal service must hold the post of Additional Secretary or equivalent for atleast 1 year or Grade 1 post for atleast 5 ...

Ans: The Composition of Cyber Appellant Tribunal is mentioned under section 49 of Information Technology Act, 2000. Before the amendment of information  technology act ,2008, there was only one person, i.e., the presiding officer but after the amendment, there was chairperson and other members which are appointed by Central Government in consultation with Chief Justice of India. The number of members will be either two or decided by Central Government by giving notification in official gazette.     x

Ans: The Cyber Appellate tribunal is an organisation under Ministry of Electronics and Information Technology and was established under Information Technology Act, 2000. Cyber is related to Computer, Appellate is related to appeal and Tribunal is related to court. Under section 48 of Information Technology act, the establishment of cyber Appellate tribunal is mentioned. The Central Government notifies and establishes  Appellate tribunals which are called Cyber Regulations Appellate Tribunal. The Central Government also specifies in the notification all the matters and places which fall under the jurisdiction of Tribunal.

A ns: Section 66F of information technology act deals with cyber terrorism.   66-F. Punishment for cyber terrorism.—(1) Whoever,— (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by— (i) denying or cause the denial of access to any person authorised to access computer resource; or (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or (iii) introducing or causing to introduce any computer contaminant.  Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

  Ans:  Section 66 E of Information Technology Act, 2000 deals with punishment for violation of privacy. Any person who intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Explanation. -For the purposes of this section: (b) "capture", with respect to an image, means to videotape, photograph, film or record by any means without permission. (a) "transmit" means to electronically send a visual image with the intention that it be viewed by a person or persons with the permission. (c) "private area" means the naked or undergarment clad genitals, pubic area, buttocks or female breast. (d) "publishes" means reproduction in the printed or electronic form and making it available for publ...

Ans: Section 66D deals with Cheating using  computer resource. Section 66D of information technology act, 2000 mentions p unishment for cheating by personation by using computer resource. Spoofing is a technique of cheating by personation.  Any person by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. To prevent cheating penetration testing is performed.   Penetration testing or Pen Testing is a type of Security testing which is used to uncover vulnerabilities, threats and risks that an attacker could exploit in software applications, network or web applications. Mainly, there are three types of pentesting: 1.Black box pen testing 2. Gray Box Pen testing 3.White box Pen testing In   black box pen testing ,  there is zero knowledge about pen testing. In...

Ans:  According to section 66C of Information Technology Act, 2000, w hoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh. T hus, the password hacking is an offence under section 66 and 66C of Information Technology Act, 2000. Footprinting, Scanning and Enumeration Tools are the techniques to get more information about the victim using enumeration tool. Footprinting means to collect the every possible information related to target and target network. Footprinting is of two types:  1. Active Footprinting  2. Passive Footprinting If the hacking is performed without directly connected to target network,  it is called Passive Footprinting. If the hacking is performed by directly connected to target network,...

  Ans: Section 66B of the IT Act prescribes punishment if anyone dishonestly receives stolen computer resources or communication devices. According to Section 66B of Information Technology act, 2000, whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. It is bailable offence.  Any offence that has the punishment upto 3 years is bailable offence. Bailable offence is mentioned under section 2(a) of Criminal Procedure Code, 1973. Other communication devices includes mobile phones, tablets, iPad, etc. The d igital forensic is not restricted to computer devices only but includes all other devices that are used by criminals. It includes mobiles, tablets, flash drives, e...

Ans:  Section 66 of Information Technology Act, 2000 deals with computer related offences. (a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code . According to section 24 of Indian Penal Code, 1860, w hoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly. If any person, dishonestly or fraudulently, does any act referred to in section 43 which lays down penalties and compensation, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.  Explanation. -For the purposes of this section,- (b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code.  According to section 25 of Indian Penal Code, A person is said to do a thing fraudulently if he does that thing with intent to de...

Ans:  Section 65 of Information Technology act deals with tampering with computer source documents. The Espionage is the internal attack from illicit spy and can be the purpose of tampering documents. Trojan horse attack is also an internal attack and is performed to steal the information of users to tamper the documents. Spoofing means to hoax or to decieve. Spoofing is an identity theft where an illegal person or illegitimate user tries to use the identity of a legitimate user.  Here an attacker pretends himself to be a legitimate person. Phishing, on the other hand, is a phenomenon where an attacker employs social engineering methods to steal sensitive as well as confidential information from a user or to tamper the documents. Social engineering means to read the brain of people. For example: Fake Facebook url. Any person who intentionally  conceals, destroys or alters anything from the computer source will be punished with imprisonment upto 3 years and fine...

A ns:    The major amendment in Information Technology Act, 2008 was introduced in 2008 and it introduced section 66A which penalized sending " offensive messages".  According to Section 66A of the Information Technology Act, of 2000 ,  it a punishable offence for any person to send offensive information using a computer or any other electronic device. The Section 69 of this act gives authorities of Government the power of interception or monitoring or decryption of any information through any computer resource. In addition to it, it also introduced provisions addressing pornography, child porn, cyber terrorism and voyeurism. The section 69A of this act also issues power to issue directions for blocking of public access of any information through any computer resource. The amendment was passed on 22 December 2008 without any debate in Lok Sabha. It was also passed by the Rajya Sabha next day. It was signed by President...

Ans: This bill was passed in the budget session of 2000 and it was signed by the president K. R. Narayanan on 9th May, 2000 and this act was headed by Shri Pramod Mahajan, Minister of Communications and Information Technology. There Information Technology Act, 2000  is an act of  parliament of India which was notified on 17th October, 2000.  The bill was finalised by a group of officials headed by the Minister of Information Technology Pramod Mahajan.[ The Information Technology Act, 2000 comprises of 13 chapters, 94 sections and 4 schedules.   This law is applicable to whole of India. It is the primary law in India which deals with cyber crime and electronic commerce. Electronic Commerce is the activity of buying and selling of products on online services or over the internet.  If a crime outside india includes a computer or network located in India, persons of other nationalities can also be included under the law. This Act provides a legal framewo...