|
Section |
Change Proposed |
Comments |
|
1 |
List of excluded documents removed from Section 1(4) and notified
through First Schedule |
This is a procedural simplification. A notification is required for
making any additions or deletions to the list now included in the
First Schedule. |
|
2 |
2(d) modified, and the
term "Digital Signature" replaced with "Electronic Signature" in the
Act. |
Necessary due to the introduction of the authentication system called
"Electronic Signatures". Electronic signature by definition includes
digital signatures. |
|
|
Section 2(ha) added to define "Communication
Device" |
Cellphones, PDAs etc are specifically brought under ITA 2000 though
these were considered part of the definition of "Computer". The use
of the term "any other device used to communicate, send or transmit"
extends the definition to ATMs or Credit Card swiping devices etc. |
|
|
In 2(j) "Computer Systems" and "Communication
Devices", "Wire" "Wireless" added. |
Clarification Welcome |
|
|
In 2(k) "Communication Device" added |
- |
|
|
2 (na) introduced to define the term "Cyber
Cafe" |
Places where access to Internet is allowed to public is called "Cyber
Cafe". Any other network where closed groups such as employees or
students are allowed is not covered. |
|
|
2(nb) introduced to define the term "Cyber
Security" |
Definition includes physical security of devices as well as
Information Security. |
|
|
2(ta) and 2(tb) introduces the term of
"Electronic Signature" and "Electronic Signature Certificate" |
Definition includes Digital Signature and Digital Signature
Certificate |
|
|
2(ua) defines "Indian Computer Emergency
Response Team" |
Provides a statutory base to the department. |
|
|
2(v)-"Message" included in the definition of
"Information" |
Clarification welcome |
|
|
2(w) "Intermediary" defined |
Includes service providers etc. Initially "Body Corporates" as
defined in Sec 43 had been omitted. This omission has now been
removed. |
|
3 |
No Change |
No Comments |
|
|
New Section 3 A introduced to define Electronic
Signature |
This is an enabling provision to permit systems other than PKI based
systems for authentication purpose. Second schedule of the Act is
reserved for notifications made for new systems other than the
Digital Signature already defined in the Act. |
|
4,5 |
No Significant Change |
No Comments |
|
6 |
No Change |
- |
|
|
New Section 6A introduced to enable delivery of
services by private service providers |
Welcome |
|
7 |
No Change |
No Comments |
|
|
New Section 7A introduced to make audit of
Electronic documents mandatory wherever the legacy physical records
were subject to audit. |
It is a clarification and welcome. Huge responsibility is now cast on
the Government to get its electronic records audited. |
|
8,9 |
No Change |
No Comments |
|
10 |
No significant Change |
No Comments |
|
|
New Section 10 A specifies that contract
formation is possible with offer and acceptance being in electronic
form. |
This is stating the obvious. Redundant and could cause problems for
transactions between October 17, 2000 and the new date of effect of
this amendment. An explanation that this would not affect electronic
contracts already entered into would have been in order. |
|
11.12,13,14 |
No significant change |
No Comments |
|
15,16 |
Defines "Secured Electronic Signature" and
redefines "Security Procedure" |
No Comments |
|
17,18,19 |
No significant change |
No Comments |
|
20 |
Section deleted |
The responsibility of the Controller to act as "Repository" has been
removed. While the logic is that this should be the responsibility of
the individual CA, the CCA has abdicated its responsibility for
developing a trusted PKI infrastructure. This is an admission of the
failure to provide a proper repository until now. The CAs also have
not so far provided a satisfactory repository service and this will
continue to be a lacuna in the system. |
|
21 |
No significant change |
No Comments |
|
22, 23 |
The amount of specified upper limit on the fees
deleted. |
Welcome |
|
24,25,26,27 |
No significant change |
No Comments |
|
28,29 |
No change in 28. In Section 29, the powers have
been restricted to contraventions under this chapter. |
Section 28 provides powers to the controller for contraventions under
this "Act" while powers under Section 29 is available only for
contraventions under this "Chapter". Appears to be an anomaly to be
corrected since investigations may be required for contraventions
under Chapter IX and Chapter XI |
|
30 |
Consequential Changes with introduction of
Electronic Signatures |
No Commetns |
|
31,32,33,34 |
No significant change |
No Comments |
|
35 |
Sub section (4) modified |
This change was due right from 2000 and was sought to be corrected by
an administrative notification earlier. Better late than never. |
|
36 |
Additional warranties indicated |
No Comments on the change. No CA appears to be adding this
certificate as a narration within the body of the Digital
Certificate. It is required as a mandatory statement to be sent by
the CA to the subscriber and also a part of the CPS. |
|
37,
38,39 |
No change |
No Comments |
|
40 |
No change in 40. New Section |
No Comments |
|
40 A |
Introduced to cover Electronic signature
|
No Comments |
|
41,42 |
No Change |
No Comments |
|
43 |
Two new contraventions added-contraventions corresponding to Sections
65 and 66 added for civil liability. compensation limit removed. |
The removal of limit for compensation is a significant change. |
|
43A |
New Section included for "Data Protection"
need.-specifies liability for a body corporate handling sensitive
data, introduces concept of "reasonable security practices" and
sensitive personal data. No limit for compensation |
A significant provision to satisfy the "Data Protection" need. We
need to watch out for definition of "Reasonable Security Practices"
and "sensitive personal information" |
|
44,45 |
No significant change |
No Comments |
|
46 |
The powers of the Adjudicator limited for claims
upto RS 5 crores. Civil Court's authority introduced for claims
beyond Rs 5 crores |
Significant Change that brings Civil Courts below the High Court into
the Cyber Related disputes for the first time. |
|
47 |
No significant change |
No Comments |
|
48 |
Changes name of Cyber Regulations Appellate
Tribunal to Cyber Appellate Tribunal. |
No Comments |
|
49 |
Name of Cyber Regulations Appellate Tribunal (CRAT)
changed to Cyber Appellate Tribunal (CAT) is made a multi member
entity. Provision for benches introduced, non judicial members can be
members of the Tribunal. |
Excellent move. Provides for more expertise for the Tribunal. The
appointment of the members other than the Chairperson requires
consultation with the Chief Justice of India under sec 49 (2). This
is with slight conflict with Section 50(2). |
|
50 |
Specifies qualifications for appointment of
Chairperson and Members of the CAT. |
Choice of members restricted to Government Officers. This may
restrict the talent available. |
|
51,52 |
Specifies terms and other conditions of
appointment of Chairman and Members of CAT |
No Comments |
|
52A
52B
52C
52D |
New Sections introduced defining powers of the
Chairperson of CAT for conduct of business. |
No Comments |
|
53,54,55,56 |
No significant change |
No Comments |
|
57.58,59,60 |
No Change |
No Comments |
|
61 |
Amended to accommodate jurisdiction of Civil
Courts for disputes involving claims of over RS 5 crores. |
No Comments |
|
62 |
No Change |
High Court remains the appeal Court for
decisions of the Adjudicator though other Civil Courts will have
jurisdiction for cases where the compensation claimed is RS 5crores
plus |
|
63 |
No Change |
No Comments |
|
64 |
No significant change |
No Comments |
|
65 |
No change |
No Comments |
|
66 |
The clause has been re written with significant
changes. Applies to all 10 contraventions listed in Section 43. Fine
increased to Rs 5 lakhs |
The section applies only of the act is done
"Dishonestly" or "Fraudulently" |
|
|
New Sections added under 66A, 66B, 66 C,66D, 66E
and 66 F to cover new offences. |
Welcome move to clarify and expand the scope of
the Act |
|
66A |
Sending offensive Messages |
Applies to Grossly offensive or menacing or
false information.
Also covers Cyber Stalking and Phishing |
|
66B |
Receiving a Stolen Computer Resource |
Applies to purchase or trading or use of stolen
computers or mobiles besides information. |
|
66C |
Identity Theft |
Applies to Password theft, theft of
cryptographic key etc |
|
66D |
Cheating by personation |
Applies to Phishing, Job Frauds etc |
|
66E |
Violation of Privacy |
Applies to Video Voyeurism |
|
66F |
Cyber Terrorism |
Provides Life Sentence, though definition is not considered
comprehensive. |
|
67 |
Fine increased to Rs 5 lakhs for first instance
and Rs 10 lakhs for subsequent instance. Imprisonment reduced to
three years for first instance and 5 years for subsequent instance. |
Not considered significant. |
|
67A |
New Section introduced to cover material
containing "Sexually Explicit Act" Increased imprisonment and fine
compared to Sec 67. |
This is a sub-set of Section 67 and compared to the existing Section
67, it does not represent any significant change. |
|
67B |
New Section introduced to cover Child
Pornography with stringent punishment. Imprisonment 5 or 7 years and
fine RS 5 or 10 lakhs for first and subsequent instances
respectively. Also covers "grooming" and self abuse |
Includes “Browsing”,”Seeking” as an offence which could be
misapplied. |
|
67C |
This is a new section introduced requiring
Intermediaries to preserve and retain certain records for a stated
period |
Excellent Provision. Period of retention needs
to be notified. |
|
68 |
Refers to the powers of the Controller to direct
Certifying Authorities for compliance. No significant change. Penal
powers to be applicable only on intentional violation |
No Comments |
|
69 |
Scope extended from decryption to interception,
monitoring also. Control will be on a designated officer and not the
Controller. |
Welcome Provision |
|
69A |
New Section introduced to enable blocking of
websites. |
Welcome Provision |
|
69B |
New section that provides powers for monitoring
and collecting traffic data etc |
Welcome Provision |
|
70 |
Critical Infrastructure System defined and
section restricted to only such systems. Security practices to be
notified |
Welcome Provision |
|
70A |
New Section added to define National Nodal
Agency for Critical Information Infrastructure protection |
Welcome Provision |
|
70B |
Indian Computer Emergency Response Team to be
the nodal agency for incident response |
Welcome Provision |
|
71,72 |
No Change |
Scope of Sec 72 gets enhanced since more authorities can collect
information under the Act after the amendments and hence they come
under the provisions of this section. |
|
71A |
New Section introduced for Data Protection
purpose |
Welcome Provision |
|
73,74,75,76 |
No change |
No Comments |
|
77 |
No Significant Change |
No Comments |
|
77A |
New Section introduced to provide for
Compounding of offences with punishment upto 3 years. |
Welcome Provision |
|
77B |
New Section introduced to consider all offences
with 3 years imprisonment under the Act as "Cognizable" and bailable |
Welcome Provision |
|
78 |
Power to investigate any cognizable offence
vested with Inspectors instead of DSPs |
Welcome. |
|
79 |
Modified to slightly shift the onus of proving
liability on the prosecution. Otherwise no significant change. |
Welcome |
|
79A |
New Section introduced to provide for the
Government to designate any government body as an Examiner of
Electronic Evidence |
Welcome |
|
80 |
The powers earlier available to DSP is now made
available to Inspectors |
Welcome |
|
81 |
Amended to keep the primacy of Copyright and
Patent acts above ITA 2000 |
No Comments |
|
81-A |
No Change |
No Comments |
|
82 |
No Significant Change |
No Comments |
|
83,84 |
No Change |
No Comments |
|
84A |
New Section introduced to enable the Government
to prescribe encryption methods |
Welcome |
|
84B |
New Section introduced to make "abetment"
punishable as the offence itself |
Welcome |
|
84C |
New Section introduced to make an "attempt to
commit an offence" punishable with half of the punishment meant for
the offence. |
Welcome |
|
85, 86 |
No Change |
No Comments |
|
87 |
Consequential Changes made |
No Comments |
|
88, 89 |
No Changes |
No Comments |
|
90 |
No significant change |
No Comments |
|
91-94 |
Omitted |
Schedule I and II covered by Sections 91 and 92
have been replaced. The status of the earlier amendments made to IPC
under Schedule I and IEA under Schedule II are now unclear. Similarly
the Changes made to BBEA and RBI Act under Sections 93 and 94 are
also unclear. New modifications for IEA have now been introduced, |
