Seminar on IT ACTS Submitted By: Aditi Gupta 09ESKCS002 CS-A Submitted To: Mr. Pankaj Dadheech Dy. HoD C.S. Department

Contents Cyber Crime Definition Classification Elements or cyber criminals Cyber laws (India, USA, EU etc.) Intellectual Property Rights Definition Purpose IP laws Fields of IP Copyright Acts Definition Publishing on the web Copyright laws (India, USA etc.)

Cyber Crime What is Cyber Crime ? Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is where a computer is the target of a crime or is the means adopted to commit a crime using the Internet.

Types of Cyber Crime Credit card frauds Sale of illegal articles-narcotics, weapons, wildlife Online gambling Intellectual Property crimes- software piracy, copyright infringement, trademarks violations, theft of computer source code spoofing Forgery Defamation Cyber stalking (section 509 IPC) Phishing Cyber terrorism Cyber pornography

CLASSIFICATIONS CLASSIFICATIONS Cyber crime can be divided into three major categories:  Cyber crime against person.  Cyber crime against property.  Cyber crime against government.

Elements Code Hackers - They know computers inside out. They can make the computer do nearly anything they want it to do. Crackers - They break into computer systems on software applications. Cyber Punks - They are the masters of cryptography. Phreakers - They combine their in-depth knowledge of the Internet and the mass telecommunications system.

Source: Survey conducted by ASCL Denial of Service:Section 43 Virus Section:66, 43 Data Alteration:Sec. 66 U/A Access: Section 43 Abuse: Sec. 67, 500, Other IPC Sections Data Theft: Sec 66, 65 Frequency of incidents of cyber crime in India

CYBER LAWS IN INDIA IT ACT passed in 2000 Tackling Cyber Crimes Intellectual Property Rights and Copyrights Protection Acts

IT ACT PROVISIONS would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law. Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act. Digital signatures have been given legal validity and sanction in the Act.

IT Amendment Act, 2008 ITA 2008 is often referred as the new version of Information Technology Act 2000 It has provided additional focus on Information Security. It has added several new sections on offences including Cyber Terrorism and Data Protection.

Cyber laws in different countries Arbitration and Mediation- Conventions World Intellectual Property Organisation (WIPO) Council of Europe Convention on cyber crime Cyber Tribunals

Handling of Evidences by Cyber Analysts Identify Collect, Observe & Preserve Analyze and Organize Verify Identify: Any digital information or artifacts that can be used as evidence. Collect, observe and preserve the evidence Analyze, identify and organize the evidence. Rebuild the evidence or repeat a situation to verify the same results every time. Checking the hash value.

SECURITY TIPS Make sure you have a good anti-virus software, a personal firewall and a spam filter. Never keep passwords stored on your computer, or disclose them to anybody. If you are accessing banking details from a computer that is used by other people, ensure you do not click on "save" password, as another user could gain access. Check your bank statements and receipts carefully to ensure there are no fraudulent transactions.

Intellectual Property Intellectual Property(IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

IP shall include the rights relating to Literary, artistic and scientific works, Performances of performing artists, phonograms, and broadcasts, Inventions in all fields of human endeavor Scientific discoveries Industrial designs Trademarks, service marks and commercial names and designations Protection against unfair competition and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields

Pupose of IPR  To give statutory expressions to the moral & economic rights of creators in their creations.  To promote creativity and application of its results,& to encourage fair trade, which would contribute to economic and social development.

IP Laws of India ActMinistry/Department The Copyright Act, 1957Higher Education The Patents Act, 1970Industrial Policy & Promotion The Designs Act, 2000Industrial Policy & Promotion The Trade Marks Act, 1999Industrial Policy & Promotion The Geographical Indications of Goods (Registration and Protection) Act, 1999 Industrial Policy & Promotion The Semiconductor Integrated Circuits Layout- Design Act, 2000 Information Technology The Protection of Plant Varieties and Farmers’ Rights Act, 2001 Agriculture and Cooperation

IP protection fields IP protection fields Patents - Drafting & filing an application. - Examination of patent application. Copyrights & Related Rights - Copyright Protection - Ownership of copyright Trademarks - Protection of trademark rights - Trademark Piracy

Patents Patents are granted by national patent offices after publication and substantial examination of the applications. Drafting & filing an application. They are valid within the territorial limits of the country.

Trade Mark A name of an enterprise or a Mark capable of being represented graphically, distinguishing the goods or services of one person from those of others. Trade Mark can be -  sign, words, letters, numbers,  drawings, pictures, emblem,  colors or combination of colors,  shape of goods,  graphic representation or packaging

Difference between Patent & Trademark

Definition: Copyright is a form of protection given to authors/creators of original works. This property right can be sold or transferred to others. Copyright

Author’s Rights Copyright law assures ownership, which comes with exclusive rights : Make copies of the work Distribute copies of the work Perform the work publicly Display the work publicly Make derivative works

Automatic protection Available for: ◦ Published works ◦ Unpublished works Copyright Protection

Copyright Guidelines for Web Publishing When you publish a work on the web, one of the following three cases must apply: You must have created the work. You must have permission from the creator or copyright holder. The work must be free of copyright.

Copyright and the Internet Information on the internet is subject to copyright like any other information – free to view, not copy! Websites can be copied in accordance with fair dealing unless there is a explicit licence or conditions If websites have licence or terms and conditions – read those. Example from The National Archives ◦ Crown Copyright ◦ Images cannot be copied without permission ◦ Encourages linking to their website

The Copyright Act, 1957(Act No. 14 of 1957) governs the laws & applicable rules related to the subject of copyrights in India. Copyright Law in India was governed by the Copyright Act of It was essentially the extension of the British Copyright Act,1911 to India, and borrowed extensively from the new Copyright Act of U.K. of Copyright Law

U.S. Copyright Act of 1976 Copyright owners have the right to reproduce, prepare derivative works, distribute, perform, display, transfer ownership, rent or lend their creations.

Contd…. Protects original expression Eligible when creation is fixed in a tangible form Length of copyright varies Cannot sue unless registered

The law provides certain ways in which copyright works may be used: ◦ Fair use ◦ Public domain ◦ Library privilege ◦ Copying for examinations and copying for instruction ◦ Alternative Licenses (e.g. Creative Commons) Know your Copyrights

“Universal Access” to research, education and culture. Copyright was created long before the emergence of the Internet, and can make it hard to legally perform actions we take for granted on the network: copy, paste, edit source, and post to the Web. Provides a free, public, and standardized infrastructure that creates a balance between the reality of the Internet and the reality of copyright laws. Contd…

Differentiation Copyright protects original works of authorship, while a patent protects inventions or discoveries. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from others.

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