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Information Technology Laws

The Information technology law in India is quite vast and is governed by Information Technology Act, 2000. All IT and software related issues are covered under this Act. The Information Technology law includes the following :

Terms and conditions of a website - It governs the usage of the website by the customer. Terms and conditions of a website include terms such as payment terms, jurisdiction in case of disputes, refund policy if any, liability terms, etc. The end-user must adhere to the terms and conditions displayed on the website and must use the website in accordance with the same. click here to read more

Privacy policy of a website- It elaborates in what manner the personal information and data is collected from the end-user and how that data is used. The data collected from the end-user is used by businesses to improve their service provided to the end-user. Privacy policy puts restrictions on businesses from sharing data collected with any third party. click here to read more

Hacking issues - Hacking involves compromising digital devices such as computers, smartphones, and sometimes even the entire network. It is characterized as unlawful activity carried out by cybercriminals motivated by reasons such as financial gains, protest, information gathering, and sometimes even just for the challenge. Social engineering, Viruses, and Worms are some common hacking techniques. click here to read more

Software related issues - Viruses, Worms, Trojans, Bugs are some sort of malicious programs that are used to destroy or gain access to some electronic information. Some other software related issues are Phishing and Email Scams. Phishing involves fraudulently acquiring sensitive information through masquerading a site as a trusted entity. Harassment via fake public profiles on social networking sites is yet another software issue. Fake profile of a person is created on a social networking site with the correct address, residential information, or contact details, and he/she is labeled inappropriately as ‘prostitute’ or a person of ‘loose character’ to damage the image of a person. click here to read more

 IT law issues : 

  • Section 43 – Penalty and Compensation for damage to computer, computer system, etc

Relevant Case: Mphasis BPO Fraud: 2005

Verdict: Court held that Section 43(a) was applicable here due to the nature of unauthorized access involved to commit transactions.

  •  Section 65 – Tampering with Computer Source Documents

Related Case: Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh

Verdict: Court held that tampering with source code invokes Section 65 of the Information Technology Act. 

  •  Section 66 – Computer Related offenses

Related Case: Kumar v/s Whiteley 

Verdict: The Additional Chief Metropolitan Magistrate, Egmore, Chennai, sentenced N G Arun Kumar, the techie from Bangalore to undergo rigorous imprisonment for one year with a fine of Rs 5,000 under section 420 IPC and Section 66 of IT Act. click here to read more

Technology Transfer Agreement - When a company (Licensor) assigns or licenses to another company(Licensee) registered industrial and intellectual property rights as well as technical assistance and know-how than a Technology Transfer Agreement is used. In the case of assignment, knowledge and exclusive rights are granted whilst in the case of licensing, knowledge is transferred. click here to read more

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