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Draw Electronic signature Form Secure. Discover one of the most consumer-pleasant exposure to airSlate SignNow. Manage your whole papers finalizing and discussing system electronically. Move from hand-held, pieces of paper-centered and erroneous workflows to automated, digital and flawless. You can easily make, produce and indicator any papers on any system anywhere. Ensure your important organization cases don't move overboard.
See how to Draw Electronic signature Form Secure. Follow the straightforward manual to get going:
- Design your airSlate SignNow profile in mouse clicks or sign in together with your Facebook or Google bank account.
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- Get any lawful template, construct online fillable kinds and share them safely.
- Use innovative functions to Draw Electronic signature Form Secure.
- Indicator, customize putting your signature on get and acquire in-particular person signatures ten times quicker.
- Set intelligent alerts and get notices at each stage.
Transferring your tasks into airSlate SignNow is easy. What comes after is an easy approach to Draw Electronic signature Form Secure, as well as recommendations to keep your colleagues and associates for far better alliance. Encourage your staff with all the greatest instruments to keep on top of company functions. Increase productiveness and level your business more quickly.
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FAQs
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E-signing: Is typing your name on a form and clicking submit hold up as a legal signature?
In states which have passed it, the Uniform Electronic Transactions Act (UETA) would govern this. Section 7 of UETA, in particular, specifies: SECTION 7. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.So, assuming that a signature is required for a contract to be valid, an "electronic signature" suffices. UETA defines "electronic signature" as follows:(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.In basic language, this means that when you type out your name and click on the "submit" button, you've electronically signed the record, and the official comments to UETA (not technically law, but extremely persuasive) back this up:This definition includes as an electronic signature the standard webpage click through process. For example, when a person orders goods or services through a vendor's website, the person will be required to provide information as part of a process which will result in receipt of the goods or services. When the customer ultimately gets to the last step and clicks "I agree," the person has adopted the process and has done so with the intent to associate the person with the record of that process. The actual effect of the electronic signature will be determined from all the surrounding circumstances, however, the person adopted a process which the circumstances indicate s/he intended to have the effect of getting the goods/services and being bound to pay for them. The adoption of the process carried the intent to do a legally signNow act, the hallmark of a signature.Although not every state has adopted UETA either in part or in whole without modifications, I believe every state now has similar or identical provisions in its body of law. Assuming that this type of waiver would otherwise be legally enforceable (and many jurisdictions don't allow a waiver of liability for injuries under certain circumstances) then it would not be rendered unenforceable simply because it was signed electronically.Of course, in order to ensure the enforceability of any contract, one should generally consult with an attorney who is familiar with contract law in your jurisdiction and who could recommend a set of best practices for the storage and preservation of any contract stored as an electronic record.
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Information Security: How can I get a Digital Signature?
Digital signatures are being widely used across the globe. There is a specific process to acquiring the signature. The way of acquisition is standard, no matter what country you’re trying to get the signature in. Digital signatures are created and issued by qualified individuals. For anyone to get a valid digital certificate, they must get it from a signNowing authority (CA). The signNowing Authority (CA) is a kind of Trust Service Provider - a third party provider designated and trusted by the country. It has the power of issuing citizens digital signatures. These CAs have rules and regulations they abide by. While in the USA, you can use the following CAs signNow US Globalsign Hello Sign When in the UK, you can use the following CAs signNow E-sign.co.uk signNow UK When you are in India, you can use the following CAs to get your digital signature certificate. eMudra Digital Signature India Government Approved signNowing Authorities These are some of the trusted sites that you can use to get your digital signature certificate in India, the UK, and the USA. They comply with every rule that governs electronic signatures, and you will get the best experience with them. Meanwhile, if you’re looking for e-signature software for your work, I recommend checking out signNow - with a high level of security, plenty of advanced features and overall ease of use, this application is a good fit for both small and medium-sized companies, startups, law-firms, and individual use as well. With signNow, you can: MANAGE SIGNATURE TASKS ● Visual progress bar - Monitor signature tasks by intuitively checking all signers’ status ● Timeline of Personal Activities - Display and record activities of all your personal tasks ● Void signature requests - Cancel signature tasks with one tap ●Search tool - Find your documents easily by searching with names of people or documents ASSIGN SIGNATURE TASKS TO MULTIPLE SIGNERS ●Invite multiple signers by adding them straight from your contact list or entering their email accounts ● Assign various fields to signers in a designated order, including signatures, texts, and dates ● Send documents to multiple signers at one time ● Show your signers where to fill in at a glance IMPORT DOCUMENTS TO START SIGNING ●Get documents from camera, photos, or the iOS file app ●Obtain documents from various cloud services, including Dropbox, Google Drive, and more ●Open-in documents from email attachments and the web PERSONALIZE YOUR SIGNATURES ● Create signatures with free-hand drawing ● Make stamps by using your camera or photos ● Pre-fill your personal information and quickly drag and drop it to the document ● Add signatures, initials, texts, and dates to documents All these features keep your documents well-organized, while the ability to track the entire signing process eases the overall task. With top-notch security, legally-binding audit trails and 2-factor authentication, this application will improve your workflow and save plenty of both time and money. Plus, the multi-platform option gives you the freedom to work across various devices. Disclaimer: I am part of Kdan’s team, and my answers might be a bit biased.
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Can NDAs (non-disclosure agreements) be signed through an online form? Are there any legal implications with an online form?
In a word: Yep!Thanks to the E-SIGN Act, documents signed electronically have the same legal protections as those signed with a physical pen! As long as your eSignature solution is committed to strong legality and your NDA is drafted by a professional, you absolutely can trust NDAs that are created, signed, and stored online.There are a few options out there. The rest of these examples are using signNow’s service. You can even create one now with a free signNow account.Here’s how to set up the NDA:Step 1: Acquire an NDA TemplateYou can find NDA templates online, but I would recommend seeking out a legal professional to create one that’s right for your needs.Step 2. Upload the Template, Add SignersAfter signing in to your signNow account, you’ll see the "Who needs to sign?" menu. For a confidentiality agreement, you’ll probably want to choose between “Me & others” or “Just others.” After selecting one, you’ll be able to drag and drop, choose “Add File,” or use any of our integrations to upload your non-disclosure agreement.Now you can add signers, loop in other parties via our CC feature, and assign a signer order if needed. Select “Prepare doc for signing” to move on to the really cool part!Step 3. Format the NDA and Fill in Your InformationWith the NDA you imported pulled up in front of you, click any of the fields across the top of the page and drag it to where you want to place it in the document. Most of the fields have advanced features and some even let you add a validation type (email address, numbers only, etc.) to help guide signers and reduce errors. Take some time to click around to get your NDA dialed in.Once you get your formatting just right, hit Continue at the top of the page. Back on the “Get your document signed” page, you’ll add a title, an optional message, and send your online NDA out for signatures!Step 4. Sign Your NDA Online (Legally and Securely!)If you’re one of the signers, a prompt to sign the non-disclosure agreement will hit your (and other signers’) email inbox as soon as you send it out for signatures. Just click the “Review & Sign” button in the email to continue.We provide a variety of ways to create your electronic signature:Draw your signature on a touch screen using your finger or a stylusUpload a photo of your signatureType in your signature and customize from a selection of fontTake a picture of your signature using your smartphone’s camerasignNow will automatically prompt each signer to complete all their required fields. Once you’ve filled out your portion of the NDA, all you have to do is agree to one last legality measure and your job is done!Step 5. Access Your Online NDA Any TimeTo check the status, edit, or even download a hard copy of your confidentiality agreement; just visit the Documents section of your signNow dashboard any time.
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What are the cyber security laws that everyone must know?
According to Information Technology Act 2000(IT Act 2000) and its Amendment here are some of the list of law :OFFENCES:65. Tampering with computer source documents.Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer Source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.Explanation.–For the purposes of this section, “computer source code” means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.66. Computer related offences.–If any person, dishonestly or fraudulently, does any act referred to in section 43, 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,–(a) the word “dishonestly” shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860)(b) the word “fraudulently” shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).66A. Punishment for sending offensive messages through communication service, etc.–Any person who sends, by means of a computer resource or a communication device,–(a) any information that is grossly offensive or has menacing character; or(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device;(c) 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,shall be punishable with imprisonment for a term which may extend to three years and with fine.Explanation.–For the purpose of this section, terms “electronic mail” and “electronic mail message”means a message or information created or transmitted or received on a computer, computer system,computer resource or communication device including attachments in text, images, audio, video and anyother electronic record, which may be transmitted with the message.66B. Punishment for dishonestly receiving stolen computer resource or communication device.–Whoever dishonestly received or retains any stolen computer resource or communication device knowingor 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.66C. Punishment for identity theft.–Whoever, fraudulently or dishonestly make use of theelectronic 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 andshall also be liable to fine which may extend to rupees one lakh.66D. Punishment for cheating by personation by using computer resource.–Whoever, by meansof any communication device or computer resource cheats by personating, shall be punished withimprisonment of either description for a term which may extend to three years and shall also be liable tofine which may extend to one lakh rupees.66E. Punishment for violation of privacy.–Whoever, intentionally or knowingly captures, publishesor transmits the image of a private area of any person without his or her consent, under circumstancesviolating the privacy of that person, shall be punished with imprisonment which may extend to three yearsor 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 intent that it be viewed by a person or persons;(b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means;(c) “private area” means the naked or undergarment clad genitals, public area, buttocks or female breast:(d) “publishes” means reproduction in the printed or electronic form and making it available for public;(e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that–(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or(ii) any part of his or her private area would not be visible to the public, regardless of whetherthat person is in a public or private place.67. Punishment for publishing or transmitting obscene material in electronic form.–Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material whichis lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corruptpersons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either descriptionfor a term which may extend to three years and with fine which may extend to five lakh rupees and in theevent of second or subsequent conviction with imprisonment of either description for a term which mayextend to five years and also with fine which may extend to ten lakh rupees.67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.–Whoever publishes or transmits or causes to be published or transmitted in theelectronic form any material which contains sexually explicit act or conduct shall be punished on firstconviction with imprisonment of either description for a term which may extend to five years and withfine which may extend to ten lakh rupees and in the event of second or subsequent conviction withimprisonment of either description for a term which may extend to seven years and also with fine whichmay extend to ten lakh rupees.67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.–Whoever,–(a) publishes or transmits or causes to be published or transmitted material in any electronic formwhich depicts children engaged in sexually explicit act or conduct; or(b) 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 or sexually explicit manner;or(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource;or(d) facilitates abusing children online, or(e) records in any electronic form own abuse or that of others pertaining to sexually explicit actwith children,shall be punished on first conviction with imprisonment of either description for a term which may extendto five years and with fine which may extend to ten lakh rupees and in the event of second or subsequentconviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:Provided that provisions of section 67, section 67A and this section does not extend to any book,pamphlet, paper, writing, drawing, painting representation or figure in electronic form–(i) the publication of which is proved to be justified as being for the public good on theground that such book, pamphlet, paper, writing, drawing, painting representation or figure is theinterest of science, literature, art or learning or other objects of general concern; or(ii) which is kept or used for bonafide heritage or religious purposes.Explanation–For the purposes of this section, “children” means a person who has not completedthe age of 18 years.80. Power of police officer and other officers to enter, search, etc.–(1) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of a1[Inspector], or any other officer of the Central Government or a State Government authorised by theCentral Government in this behalf may enter any public place and search and arrest without warrant anyperson found therein who is reasonably suspected of having committed or of committing or of beingabout to commit any offence under this Act.Explanation.–For the purposes of this sub-section, the expression “public place” includes any publicconveyance, any hotel, any shop or any other place intended for use by, or accessible to the public.(2) Where any person is arrested under sub-section (1) by an officer other than a police officer, suchofficer shall, without unnecessary delay, take or send the person arrested before a magistrate havingjurisdiction in the case or before the officer-in-charge of a police station.(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, subject to theprovisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made underthis section.85. Offences by companies.–(1) Where a person committing a contravention of any of the provisionsof this Act or of any rule, direction or order made there under is a company, every person who, at the timethe contravention was committed, was in charge of, and was responsible to, the company for the conductof business of the company as well as the company, shall be guilty of the contravention and shall be liableto be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to punishmentif he proves that the contravention took place without his knowledge or that he exercised all due diligenceto prevent such contravention.(2) Not with standing anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by acompany and it is proved that the contravention has taken place with the consent or connivance of, or isattributable to any neglect on the part of, any director, manager, secretary or other officer of the company,
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What is the procedure to register a startup company in India and how much will it cost?
These are four major steps required to register a start up company in india :Acquiring Digital Signature Certificate(DSC)Acquiring Director Identification Number(DIN)Document required for a DIN :A. Identity Proof (Any one of the following) PAN CardDriving LicensePassportVoter ID CardOthers (to be specified)B. Residence Proof (Any one of the following)Driving LicensePassportVoter ID CardTelephone BillRation CardElectricity BillBank StatementOthers (to be specified)Filing an e-Form or New user registrationIncorporate the company Once your company has been incorporated you can open a Current account in any of the leading banks for carrying out your operations. You will need to submit a copy of Certificate of Incorporation and Memorandum of Association along with Borad resolution to open the bank account.Then you need to apply for TAN and PAN for the Company If your services are in Software related area you can apply for STPI license which will give you certain benefits like Company need not pay tax for 5 years, there will be no import or expurty duty levied on software/hardware,You will get office spaces at lower rates at STPI units. These are few of the benefits of becoming an STPI member.All this you can do on your own or you can outsource these to professional auditor. We did it through Auditor and it took almost three weeks (Upto Step 7 excluding STPI) and all charges(excluding sTPI) would approximately cost you Rs.25,000.
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Can a customer of a bank draw cheques on white paper?
In principle it is OKHowever, in practice, cheques are printed formats and the customers are advised to use the cheques for security and other reasonsThe salient features of a cheque:MICR band - for the purpose of speedy and effective clearingCheque number - for easy identificationName of the bank and address - to locate the bank branchAccount number - error free account number printed by the bank itseltIFSC code number - easy for receiving and sending messages onlineCTS code - for the purpose of speedy clearing through electronic modePrinted provisions - guide the drawer to mention the required details in the appropriate columns and rowsCan anybody provide the following details in the letter for getting payment from the bank?Amount in wordsDate of the letterAmount in figuresAccount numberName of the bankName of the bank branchSignatureIt is very rare that all customers provide the details in tact.In fact, there were no cheque leaves hundred years back and the customers were advised to submit a letter for each and every service availed from the bankOf late, taking into consideration, the hardships faced by the customers, they used to devise various formats for availing various services and the following are some samples:account opening forms for various depositsloan application formsspecimen signature cardscheque leaveswithdrawal slipsrequest letter for getting duplicate debit cardrequest letter for closure of account and many more
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Does anyone know under which section of the law comes cyber crime or bsignNowing of data on the internet?
The Information Technology Act 2000 (amended in 2008)The Information Technology Act was first drawn up in 2000, and has been revised most recently 2008. The Information Technology (Amendment) Bill, 2008 amended sections 43 (data protection), 66 (hacking), 67 (protection against unauthorised access to data), 69 (cyberterrorism), and 72 (privacy and confidentiality) of the Information Technology Act, 2000, which relate to computer/cybercrimes.Section 43 [Penalty and Compensation for damage to computer, computer system, etc.] amended vide Information Technology Amendment Act 2008 reads as under:If any person without permission of the owner or any other person who is in-charge of a computer, computer system or computer network:accesses or secures access to such computer, computer system or computer network or computer resource (ITAA2008)downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;disrupts or causes disruption of any computer, computer system or computer network;denies or causes the denial of access to any person authorized to access any computer, computer system or computer network by any means;provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made there under;charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means (Inserted vide ITAA-2008); andSteals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage, (Inserted vide ITAA 2008) he shall be liable to pay damages by way of compensation to the person so affected. (change vide ITAA 2008)Critique: In comparison to the laws enacted in other countries, this provision still falls short of a strong data protection law. In most other countries data protection laws specify:the definition and classification of data types;the nature and protection of the categories of data;that equal protection will be given to data stored offline and data stored manually;that data controllers and data processors have distinct roles;clear restrictions on the manner of data collection;clear guidelines on the purposes for which the data can be put and to whom it can be sent;standards and technical measures governing the collection, storage, access to, protection, retention, and destruction of data;that providers of goods or services must have a clear opt - in or opt - out option; andin addition, most countries provide strong safeguards and penalties against bsignNowes of any of the aboveSection 66 [Computer Related Offences] amended vide Information Technology Amendment Act 2008 reads as under:If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both.Explanation: For the purpose of this section,-the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code;the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code. [Section 66 A] [Punishment for sending offensive messages through communication service, etc.] (Introduced vide ITAA 2008):Any person who sends, by means of a computer resource or a communication device,-any information that is grossly offensive or has menacing character; orany information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device;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 (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to three years and with fine.Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.[Section 66 B] [Punishment for dishonestly receiving stolen computer resource or communication device] (Inserted Vide ITA 2008):Whoever dishonestly receives 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.[Section 66C] [Punishment for identity theft] (Inserted Vide ITA 2008):Whoever, 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 which may extend to rupees one lakh.[Section 66D] [Punishment for cheating by personation by using computer resource] (Inserted Vide ITA 2008):Whoever, by means of any communication device or computer resource cheats by personation, 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.[Section 66E] [Punishment for violation of privacy] (Inserted Vide ITA 2008):Whoever, 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 bothExplanation - For the purposes of this section--“transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons;“capture”, with respect to an image, means to videotape, photograph, film or record by any means;“private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast;“publishes” means reproduction in the printed or electronic form and making it available for public;“under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that:he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; orany part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.[Section 66F] [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 –denying or cause the denial of access to any person authorized to access computer resource; or attempting to penetrate or access a computer resource without authorisation or exceeding authorized access; orintroducing or causing to introduce any Computer Contaminant and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, or(B) knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life’.Critique: We find the terminology in multiple sections too vague to ensure consistent and fair enforcement. The concepts of ‘annoyance’ and ‘insult’ are subjective. Clause (d) makes it clear that phishing requests are not permitted, but it is not clear that one cannot ask for information on a class of individuals.Section 67 [Publishing of information which is obscene in electronic form] amended vide Information Technology Amendment Act 2008 reads as under:Whoever publishes or transmits or causes to be published 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, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.[Section 67 A] [Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form] (Inserted vide ITAA 2008):Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.Exception: This section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art, or learning or other objects of general concern; orwhich is kept or used bona fide for religious purposes.[Section 67 B] Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form:Whoever,-(a) publishes or transmits or causes to be published or transmitted material in any electronicform which depicts children engaged in sexually explicit act or conduct or(b) creates text or digital images, collects, seeks, browses, downloads, advertises,promotes, exchanges or distributes material in any electronic form depicting children inobscene or indecent or sexually explicit manner or(c) cultivates, entices or induces children to online relationship with one or more children forand on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or(d) facilitates abusing children online or(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or(ii) which is kept or used for bonafide heritage or religious purposes Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years. [Section 67 C] [Preservation and Retention of information by intermediaries]:(1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.(2) Any intermediary who intentionally or knowingly contravenes the provisions of sub section (1) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.Critique: This provision adequately protects both the corporate and the citizen in a positive way.Section 69 [Powers to issue directions for interception or monitoring or decryption of any information through any computer resource] amended vide Information Technology Amendment Act 2008 reads as under:(1) Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defense 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 or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to beintercepted or monitored or decrypted any information transmitted received or stored through any computer resource.(2) The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.(3) The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to –(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or(b) intercept or monitor or decrypt the information, as the case may be; or (c) provide information stored in computer resource.(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine.[ Section 69B] Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security:(1) The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.(2) The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.(3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.(4) Any intermediary who intentionally or knowingly contravenes the provisions of subsection(2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.Explanation: For the purposes of this section,(i) "Computer Contaminant" shall have the meaning assigned to it in section 43(ii) "traffic data" means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, date, size, duration or type of underlying service or any other information.Critique: Though we recognize how important it is for a government to protect its citizens against cyberterrorism, we are concerned at the friction between these provisions and the guarantees of free dialog, debate, and free speech that are Fundamental Rights under the Constitution of India.Specifically:a) there is no clear provision of a link between an intermediary and the information or resource that is to be monitored.c)the penalties laid out in the clause are believed to be too harsh, and when read in conjunction with provision 66, there is no distinction between minor offenses and serious offenses.e) the ITA is too broad in its categorization of acts of cyberterrorism by including information that is likely to cause: injury to decency, injury to morality, injury in relation to contempt of court, and injury in relation to defamation.Section 72 [BsignNow of confidentiality and privacy] amended vide Information Technology Amendment Act 2008 reads as under:Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. [Section 72 A] Punishment for Disclosure of information in bsignNow of lawful contract (Inserted vide ITAA-2008):Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in bsignNow of a lawful contract, such material to any other person shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees, or with both.General Notes and Critiques:As general notes on the ITA and data protection we find that the Act is lacking in many ways, including:there is no definition of “sensitive personal data or information” and that term is used indiscriminately without.the provisions and protections cover only electronic data and not stored data or non-electronic systems of mediain the absence of a data controller, liability is often imposed on persons who are not necessarily in a position to control datacivil liability for data bsignNow arises where negligence is involvedcriminal liability only applies to cases of information obtained in the context of a service contract.**I am neither a student of law nor attached in any way to the legal system. This is excerpted from Cybercrime and Privacy and merely reproduced here for the sake of convenience.
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