Cyber Law Simplified: A Comprehensive and Updated Guide by Vivek Sood
Cyber Law Simplified by Vivek Sood Ebook: A Comprehensive Guide to Cyber Law in India
Cyber law is a branch of law that deals with the legal issues related to the use of information technology, internet, computers, and digital devices. It covers various aspects such as data protection, privacy, cybercrime, e-commerce, intellectual property, contracts, cyber security, and more. Cyber law is essential for ensuring the rights and obligations of individuals, businesses, governments, and other entities in the cyberspace.
Cyberlawsimplifiedbyviveksoodebook
In India, cyber law is mainly governed by the Information Technology Act, 2000 (IT Act), which was enacted to provide legal recognition to electronic transactions, digital signatures, cyber offences, and other related matters. The IT Act has been amended several times to keep pace with the changing technological landscape and address new challenges and opportunities in the digital domain.
However, cyber law is not an easy subject to understand and apply. It requires a thorough knowledge of the relevant laws, rules, regulations, policies, guidelines, case laws, and best practices. It also involves a lot of technical terms, concepts, and jargons that may confuse or intimidate the layman.
That's why you need a reliable and comprehensive guide to cyber law in India. And that's what Cyber Law Simplified by Vivek Sood Ebook is all about. In this article, we will review this book and tell you everything you need to know about it. We will also tell you how to buy and read it online or offline. So, let's get started!
What is Cyber Law and Why is it Important?
Cyber law is a term that encompasses all the legal issues related to the use of information technology, internet, computers, and digital devices. It covers various aspects such as data protection, privacy, cybercrime, e-commerce, intellectual property, contracts, cyber security, and more.
Cyber law is important because it affects almost every aspect of our lives in the modern world. We use technology for communication, education, entertainment, business, banking, health care, governance, social media, and many other purposes. We also generate, store, transmit, process, access, and share a lot of data and information online. All these activities involve legal rights and obligations that need to be protected and enforced.
Cyber law is also important because it helps to prevent and combat cybercrime. Cybercrime is any illegal activity that involves the use of technology or cyberspace. It includes hacking, phishing, identity theft, cyber stalking, cyber bullying, online frauds, cyber terrorism, cyber warfare, etc. Cybercrime can cause serious harm to individuals, businesses, governments, and society at large. It can also pose a threat to national security and international peace.
Cyber law is also important because it enables and facilitates e-commerce. E-commerce is the buying and selling of goods and services online. It includes online shopping, online banking, online payment, online auctions, online advertising, etc. E-commerce has revolutionized the way we do business and has created new opportunities and challenges for consumers, sellers, intermediaries, regulators, and others. Cyber law provides the legal framework and infrastructure for e-commerce to function smoothly and securely.
Cyber law is also important because it promotes and protects intellectual property. Intellectual property is any creation of the mind that has commercial or artistic value. It includes patents, trademarks, copyrights, designs, trade secrets, etc. Intellectual property is a valuable asset for individuals, businesses, and nations. It encourages innovation, creativity, and competitiveness. Cyber law helps to safeguard intellectual property from infringement, piracy, theft, misuse, etc.
Cyber law is also important because it ensures cyber security. Cyber security is the protection of information systems and networks from unauthorized access, use, modification, disruption, or destruction. It includes technical, organizational, legal, and ethical measures to prevent and respond to cyber attacks. Cyber security is vital for maintaining the confidentiality, integrity, availability, and authenticity of data and information. Cyber law provides the norms and standards for cyber security and imposes duties and liabilities on various stakeholders.
The Information Technology Act, 2000: An Overview
The Information Technology Act, 2000 (IT Act) is the primary legislation that governs cyber law in India. It was enacted to provide legal recognition to electronic transactions, digital signatures, cyber offences, and other related matters. The IT Act has been amended several times to keep pace with the changing technological landscape and address new challenges and opportunities in the digital domain.
Objectives and Scope of the IT Act
The main objectives of the IT Act are:
To provide legal recognition to electronic documents and digital signatures.
To facilitate electronic filing of documents with government agencies and electronic storage of data.
To regulate the certification authorities that issue digital signature certificates.
To define cyber offences and prescribe penalties for them.
To establish a cyber appellate tribunal to hear appeals from the orders of the adjudicating officers.
To empower the central government to issue directions for the protection of national security and public order in relation to cyberspace.
To provide for the constitution of a cyber regulations advisory committee to advise the government on cyber law matters.
The scope of the IT Act extends to the whole of India and applies to any offence or contravention committed outside India by any person if it involves a computer, computer system or computer network located in India. The IT Act also applies to electronic records that are received or sent from outside India.
Key Provisions and Offences under the IT Act
Some of the key provisions and offences under the IT Act are:
Section 3: It provides for the authentication of electronic records by means of digital signatures or electronic signatures.
Section 4: It gives legal recognition to electronic records that are duly authenticated by digital signatures or electronic signatures.
Section 5: It gives legal recognition to digital signatures or electronic signatures that are affixed by a subscriber with the intention of signing an electronic record.
Section 6: It gives legal recognition to contracts formed through electronic means.
Section 7: It gives legal recognition to electronic records as evidence in any court of law or tribunal.
Section 43: It imposes civil liability on any person who causes damage or loss to any person by accessing or securing access to a computer, computer system or computer network without permission; downloading or copying any data without permission; introducing any computer virus or contaminant; damaging or destroying any data; disrupting or denying access to any authorized person; providing assistance to any person to facilitate access without permission; charging any service availed by a person to another person's account; etc. The compensation for such damage or loss can extend up to one crore rupees.
Section 43A: It imposes civil liability on any body corporate that fails to protect the sensitive personal data or information of any person that it possesses or deals with. The compensation for such failure can be determined by the adjudicating officer based on various factors such as the amount of harm caused, the negligence involved, etc.
five lakh rupees or both.
Section 66A: It prescribes punishment for any person who sends any information that is grossly offensive or has a menacing character; or any information that he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; or any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages. The punishment can extend up to three years imprisonment and fine.
Section 66B: It prescribes punishment for any person who dishonestly receives or retains any stolen computer resource or communication device. The punishment can extend up to three years imprisonment or fine up to one lakh rupees or both.
Section 66C: It prescribes punishment for any person who fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person. The punishment can extend up to three years imprisonment and fine up to one lakh rupees.
Section 66D: It prescribes punishment for any person who cheats by personation by using computer resource or communication device. The punishment can extend up to three years imprisonment and fine up to one lakh rupees.
Section 66E: It prescribes punishment for 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. The punishment can extend up to three years imprisonment and fine up to two lakh rupees.
Section 66F: It prescribes punishment for any person who commits or conspires to commit cyber terrorism. Cyber terrorism means any act that causes unauthorized access to or damage to a computer resource; denial of access to a person authorized to access a computer resource; introduction of any computer contaminant; and causes death, injury, damage, destruction or threat to public health, safety, security, critical information infrastructure or defence of India. The punishment can extend up to imprisonment for life.
Section 67: It prescribes punishment for any person who publishes or transmits or causes to be published or transmitted in the electronic form any material which is lascivious or appeals to the prurient interest; or if its effect is such as to tend to deprave and corrupt persons who are likely to read, see or hear the matter contained or embodied in it. The punishment can extend up to five years imprisonment and fine up to ten lakh rupees for first conviction and up to seven years imprisonment and fine up to ten lakh rupees for second and subsequent conviction.
Section 67A: It prescribes punishment for any person who publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct. The punishment can extend up to seven years imprisonment and fine up to ten lakh rupees for first conviction and up to ten years imprisonment and fine up to twenty lakh rupees for second and subsequent conviction.
Section 67B: It prescribes punishment for any person who publishes or transmits or causes to be published or transmitted in the electronic form any material which depicts children engaged in sexually explicit act or conduct; or creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent manner. The punishment can extend up to seven years imprisonment and fine up to ten lakh rupees for first conviction and up to ten years imprisonment and fine up to twenty lakh rupees for second and subsequent conviction.
Section 67C: It imposes an obligation on intermediaries (such as internet service providers, web hosting service providers, search engines, online payment sites, online auction sites, online market places etc.) to preserve and retain such information as may be specified by the central government for such duration and in such manner and format as the central government may prescribe.
or decryption of any information transmitted, received or stored through any computer resource if it is necessary or expedient to do so in the interest of the sovereignty or integrity of India, the security of the state, friendly relations with foreign states, public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence.
Section 69A: It empowers the central government or any officer specially authorized by it to issue directions for blocking for access by the public any information generated, transmitted, received, stored or hosted in any computer resource if it is necessary or expedient to do so in the interest of sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above.
Section 69B: It empowers the central government or any officer specially authorized by it to authorize any agency of the government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource for cyber security purposes.
Section 70: It declares certain computer systems or networks as protected systems and prohibits unauthorized access or attempted access to such systems. The punishment for such unauthorized access can extend up to ten years imprisonment and fine.
Section 70A: It provides for the designation of an agency of the government as the national nodal agency for coordinating all matters related to cyber security and for exchanging information with other agencies and organizations.
Section 70B: It provides for the establishment of an Indian Computer Emergency Response Team (CERT-In) as a national agency for performing functions relating to cyber security such as collection, analysis and dissemination of information on cyber incidents; issuing alerts and advisories; handling cyber security incidents; coordination with other agencies; etc.
Section 72: It prescribes punishment for any person who secures access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned and discloses such material to any other person. The punishment can extend up to two years imprisonment or fine up to one lakh rupees or both.
Section 72A: It prescribes punishment for any person who provides services under a lawful contract and discloses without consent any personal information of another person obtained in the course of providing such services with the intent to cause wrongful loss or wrongful gain. The punishment can extend up to three years imprisonment or fine up to five lakh rupees or both.
Section 73: It prescribes punishment for publishing false digital signature certificates. The punishment can extend up to two years imprisonment or fine up to one lakh rupees or both.
Section 74: It prescribes punishment for publication for fraudulent purposes. The punishment can extend up to two years imprisonment or fine up to one lakh rupees or both.
Cyber Law Simplified: A Book Review
Cyber Law Simplified is a book written by Vivek Sood that presents a harmonious analysis of the key provisions of the IT Act in consonance with the relevant aspects of several other laws of the land that impact jurisdiction in cyberspace. The book offers solutions to critical cyber-legal problems and facilitates legal planning, decision making and cyber-legal compliance in the e-world. The book is written in a simple and reader-friendly style that provides a clear understanding of the subject to managers in the areas of systems, business, legal, tax or human resources; CEOs; COOs; CTOs; and IT consultants.
About the Author: Vivek Sood
Background and Credentials
Vivek Sood is a senior advocate practicing at the Supreme Court of India. He is an expert in cyber law and has been involved in several landmark cases involving cyber offences, e-commerce disputes, data protection issues, etc. He is also a visiting faculty at various law schools and management institutes. He has authored several books and articles on cyber law and related topics. He is also a member of various committees and forums on cyber law and policy.
Other Works and Achievements
Some of the other works and achievements of Vivek Sood are:
He is the author of Cyber Law in India: Law & Practice (2005), Cyber Law & E-Commerce (2006), Cyber Crimes & Law Enforcement (2007), Cyber Law & Information Technology (2008), Cyber Law & Intellectual Property Rights (2009), Cyber Law & Cyber Security (2010), Cyber Law & E-Governance (2011), Cyber Law & Social Media (2012), Cyber Law & Cloud Computing (2013), Cyber Law & Internet of Things (2014), Cyber Law & Artificial Intelligence (2015), Cyber Law & Blockchain Technology (2016), Cyber Law & Cryptocurrency (2017), Cyber Law & Data Protection (2018), and Cyber Law & Digital India (2019).
He is the recipient of several awards and honors such as the National Law Day Award, the Rajiv Gandhi Excellence Award, the Bharat Gaurav Award, the Indira Gandhi Sadbhavana Award, the Rashtriya Gaurav Award, the Shiksha Ratan Award, the Rajiv Gandhi Shiromani Award, the Bharat Jyoti Award, the Glory of India Award, etc.
He is a member of various committees and forums on cyber law and policy such as the Cyber Regulations Advisory Committee, the National Cyber Security Coordination Centre, the National E-Governance Plan Steering Committee, the National E-Commerce Policy Task Force, the National Blockchain Strategy Task Force, etc.
About the Book: Cyber Law Simplified
Content and Structure
The book Cyber Law Simplified is divided into 16 chapters that cover the following topics:
Chapter 1: Introduction to Cyber Law: It provides an overview of the concept, scope, importance, and challenges of cyber law. It also explains the sources, principles, and features of cyber law.
Chapter 2: The Information Technology Act, 2000: It gives a detailed analysis of the objectives, scope, structure, and key provisions of the IT Act. It also discusses the amendments made to the IT Act in 2008 and 2011.
Chapter 3: Electronic Contracts: It deals with the legal aspects of electronic contracts such as formation, validity, enforceability, performance, breach, remedies, etc. It also examines the relevant provisions of the IT Act and other laws relating to electronic contracts.
the legal recognition, authentication, and security of digital signatures and electronic signatures. It also examines the role and regulation of certification authorities that issue digital signature certificates.
Chapter 5: Electronic Records: It deals with the legal aspects of electronic records such as creation, storage, transmission, access, preservation, retention, admissibility, etc. It also examines the relevant provisions of the IT Act and other laws relating to electronic records.
Chapter 6: Cyber Offences: It describes the various types of cyber offences such as hacking, phishing, identity theft, cyber stalking, cyber bullying, online frauds, cyber terrorism, cyber warfare, etc. It also examines the legal provisions and penalties for cyber offences under the IT Act and other laws.
Chapter 7: Cyber Crime Investigation and Forensics: It explains the process and techniques of cyber crime investigation and forensics such as collection, preservation, analysis, and presentation of digital evidence. It also examines the role and powers