Information Technology Act 2000

SERIES

Watch Information Technology Act 2000 - SERIES on Dailymotion

Transcript

00:00:00...important act as of now, and if you check for the applicability of the act, you find

00:00:18something that this Information Technology Act is like, what I say, it's not like anything

00:00:26particular we are going to discuss. It's like on a whole, we will be discussing on a whole.

00:00:32We are not going to do anything particular here. Whether civil law, yes, I will be having

00:00:38Information Technology Act over there also. If I talk about criminal cases, yes, nowadays

00:00:44criminal law is also applicable with respect to Information Technology.

00:00:50We are already not something called as thought, when you go for thought, yes, applicable

00:00:55there also. Any case, everything comes under this one. Any case comes under Information Technology

00:01:03Act. So we cannot go for like particularly like we are going to discuss local criminal or something

00:01:08else. So we just go with the Information Technology Act. This Technology Act we have from the year

00:01:142000 only and afterwards got few amendments and we have the amendments at 2008 also.

00:01:21See, when we talk about the IT development, when we talk about the IT development, definitely

00:01:29we are aware of it that computer and laptop and everything are just available from a very short period.

00:01:37From a very short period, probably if you go for the short period, it's not very short, it's like 5 decades.

00:01:46For the 50 years, we have something called respect to IT, which is everything is done in soft copy form.

00:01:53So it's something for 5 decades only. But in India, it's not 5 decades, I cannot just take 5 decades.

00:02:04Probably we are handling this with respect to, we are just handling this with respect to, from 20-25 years only.

00:02:17Is my voice clear? Is my voice audible?

00:02:21Can you let me know? Can you let me know as my voice audible?

00:02:22Can you let me know as my voice audible?

00:02:39Yes, it's fine.

00:02:42Yes, that's fine.

00:02:56I hear both of my mic.

00:02:59Okay, that's what I want to know.

00:03:01Okay, check.

00:03:12Only it may be okay now.

00:03:15Fine.

00:03:17So when I come for our country,

00:03:21we are not much familiar for the 50 years

00:03:24IT development,

00:03:26but we are very much concerned with the 20-25 years only

00:03:29and the development with respect to the IT Act

00:03:32has brought many changes we will see.

00:03:34It has brought many changes

00:03:35and there is a necessity we need to have a law for this

00:03:39and that law is being brought as a written statute

00:03:43which is a information technology IT Act.

00:03:46So usually we get overlap with the,

00:03:48when we say IT,

00:03:50we get overlap with the Income Tax Act, right?

00:03:55Probably you might have heard a recent case

00:03:58which happened in Salem.

00:03:59Actually, a few guys,

00:04:02some three or four guys,

00:04:04they caught a snake

00:04:06and they started cooking the snake.

00:04:10So they want to taste the snake.

00:04:13They want to know how yummy it is.

00:04:16So they want to taste the snake

00:04:18and so they started cooking

00:04:19and they did not stop there.

00:04:21They just took a video of it

00:04:23and they posted it in the YouTube.

00:04:24So they got many chias in the YouTube

00:04:26but at the same time,

00:04:29they got arrested by the forest department also.

00:04:33You have heard of this case?

00:04:35Yeah, got arrested by the forest department also.

00:04:37Any idea about this case?

00:04:38You might have heard of it.

00:04:40It just happened in Tamil Nadu.

00:04:41So there's some two or three guys,

00:04:46they want to,

00:04:47they have just caught a snake.

00:04:49They want to taste it.

00:04:51So they have just cut the snake

00:04:52and they have just mixed all the masala items and all

00:04:56and they want to taste it

00:04:58and they have cooked it.

00:04:59They have done all the cooking properly.

00:05:01They have taken video of each and everything

00:05:03and they have just uploaded in the YouTube channel

00:05:06and they have got so many views,

00:05:08so many cheers and so many views

00:05:10and this was also seen by the forest department

00:05:13and the forest department arrested these three guys.

00:05:17Okay, arrested these three guys.

00:05:19This is one case I would like to share.

00:05:21There's also one more case.

00:05:22This also happened in Tamil Nadu.

00:05:24I don't know that place.

00:05:25It's not like a proper place like Salem at all.

00:05:28So it's like some small village.

00:05:30I'm not aware of that place name.

00:05:32It's a small village in Tamil Nadu

00:05:34where they found a tiger moving in their village.

00:05:38They found a tiger during the night time.

00:05:41They were able to take the tiger's footprints and all.

00:05:44So they found some tigers wandering during the night time.

00:05:49So at last they got an idea like they want to find the place

00:05:55and somehow they want to chase away the tiger.

00:05:57Tiger or cheetah?

00:05:58Something like that.

00:06:00Cheetah or tiger, I'm not sure.

00:06:03They had a guess that the tiger might have been hidden itself

00:06:08in wooden areas like what I would say

00:06:12some mountain areas like okay

00:06:16it's like some small caves like

00:06:18so it has gone inside and

00:06:19a few guys in the village

00:06:21they had set fire

00:06:23so that the tiger may come out

00:06:25and they may chase the tiger

00:06:27and out of this village.

00:06:29So they did it in good cause.

00:06:31Again the issue here was

00:06:33they took a video of it

00:06:35and they uploaded it

00:06:36and again they got arrested.

00:06:39Okay.

00:06:39Again they got arrested.

00:06:42So this is one Salem case

00:06:43and this is one case

00:06:45with respect to chasing of tiger.

00:06:47There is another one more case also.

00:06:49There's not one particular case

00:06:51where I go for the third one.

00:06:52It's like most of the case

00:06:54especially when I go for tort.

00:06:55Okay.

00:06:56So we know something called as deformation.

00:06:58So deformation is

00:07:00probably you might be knowing

00:07:01it's like talking something bad

00:07:03about somebody

00:07:04you're making like

00:07:06some small miniatures

00:07:10or something like

00:07:10magazine wrappers

00:07:12or something like that

00:07:13so deformatory

00:07:15and if this is done

00:07:16even in channels

00:07:18okay

00:07:19in YouTube channels

00:07:20or whatever it is

00:07:21then it is a crime.

00:07:24It is a crime.

00:07:27Can you get a link

00:07:29in all the three cases

00:07:30and also there are so many cases

00:07:32I'm not going

00:07:32particularly with

00:07:33retrospective civil or criminal

00:07:34I just want to

00:07:35know something

00:07:36which is happening

00:07:37around us

00:07:38okay

00:07:38happening around us.

00:07:41If you have a closer link

00:07:43with these three cases

00:07:44you can find that

00:07:45there is a unity

00:07:47in all the cases.

00:07:49There is a unity

00:07:49in all the cases.

00:07:51Probably the first case

00:07:52Salem case.

00:07:54Do you think

00:07:55that the guys

00:07:57who were cooking snake

00:07:58I don't know

00:07:58whether they tasted

00:07:59the cooked one

00:08:00but they cut the snake

00:08:03and they were

00:08:03checking it.

00:08:06Do you think

00:08:07that these

00:08:08were done

00:08:09and they got

00:08:10arrested

00:08:11because they were

00:08:12cooking

00:08:13or because

00:08:14it is being

00:08:14uploaded

00:08:15in the YouTube channel?

00:08:18I want a guess.

00:08:20You may not guess.

00:08:21You can just give

00:08:22your correct answer.

00:08:23You may not guess also.

00:08:23I am asking

00:08:26whether they are

00:08:27arrested.

00:08:27The reason for

00:08:28this is because

00:08:30they cooked a snake

00:08:31or because

00:08:33they posted

00:08:34this in the YouTube channel?

00:08:38Okay.

00:08:38Both

00:08:39for uploading

00:08:42in the YouTube channel

00:08:43okay.

00:08:44Maybe for the

00:08:44both charges

00:08:45okay fine.

00:08:46See even after

00:08:47my session gets over

00:08:48I upload in the

00:08:49YouTube channel.

00:08:49So you say that

00:08:50I may get arrested?

00:08:51for the ones

00:08:55who are saying

00:08:55both.

00:08:58It is not that

00:08:59right?

00:09:01It is not

00:09:02because they have

00:09:03uploaded.

00:09:04Okay.

00:09:04Let me have a

00:09:05case like this.

00:09:06In case these

00:09:07guys have cooked

00:09:08a snake

00:09:08and they have

00:09:10not uploaded

00:09:10probably

00:09:11few of their

00:09:13friends or the

00:09:13villagers who

00:09:14are there

00:09:15living

00:09:15okay.

00:09:19uploading wrong

00:09:20act in

00:09:21YouTube okay.

00:09:22So which

00:09:23one you say

00:09:23it is wrong

00:09:24Akshayya?

00:09:25Cooking snake

00:09:26is wrong right?

00:09:27Okay.

00:09:28Cooking snake

00:09:28is wrong right?

00:09:29Yeah fine.

00:09:30That's right.

00:09:32When something

00:09:33is done

00:09:34which is

00:09:35illegal

00:09:35or

00:09:37unlawful

00:09:39and

00:09:41this video

00:09:42is being

00:09:42uploaded

00:09:43in the

00:09:43YouTube channel

00:09:44and since

00:09:46this video

00:09:47is uploaded

00:09:47can you

00:09:49take this

00:09:49as an

00:09:49evidence

00:09:50because it

00:09:51is being

00:09:51uploaded

00:09:51in the

00:09:51YouTube

00:09:52channel?

00:09:56Yeah.

00:09:57Yes.

00:09:58You give me

00:09:59fast answers.

00:10:00The answer

00:10:00is absolutely

00:10:01yes.

00:10:04And also

00:10:04I remember

00:10:05one case

00:10:05on a sudden

00:10:06probably

00:10:07I mean

00:10:07take this

00:10:07as a fourth

00:10:08case where

00:10:08I remember

00:10:09some one

00:10:09year back

00:10:10was a

00:10:12constable

00:10:12or she's

00:10:13a lady

00:10:14constable

00:10:14I don't

00:10:14want to

00:10:15name the

00:10:15constable's

00:10:16name or

00:10:16the city

00:10:17or place

00:10:17she's a

00:10:19constable

00:10:19she just

00:10:20took some

00:10:21commission

00:10:23because

00:10:23from the

00:10:24bikers

00:10:25from two

00:10:26bike riders

00:10:26because

00:10:27they were

00:10:27not wearing

00:10:28helmets

00:10:28okay

00:10:30so one

00:10:31guy was

00:10:32driving

00:10:32and another

00:10:33guy was

00:10:34taking

00:10:34this video

00:10:35because

00:10:36this guy

00:10:36was not

00:10:37wearing

00:10:37helmet

00:10:37so this

00:10:38constable

00:10:39was

00:10:39she's a

00:10:40lady

00:10:40she collected

00:10:42some amount

00:10:43and they

00:10:44uploaded this

00:10:44in the

00:10:45whatsapp

00:10:45not youtube

00:10:46they uploaded

00:10:46this in the

00:10:47whatsapp

00:10:47which means

00:10:48they shared

00:10:49this as

00:10:50whatsapp

00:10:50messages

00:10:51it got

00:10:52shared

00:10:52throughout

00:10:53and this

00:10:54lady

00:10:55constable

00:10:55is suspended

00:10:56after that

00:10:56okay

00:10:58this lady

00:10:59constable

00:10:59is suspended

00:11:00see whenever

00:11:00the suspension

00:11:01is a very

00:11:02strong act

00:11:03right

00:11:03whenever we

00:11:05go for

00:11:05any suspension

00:11:06without

00:11:08proper evidence

00:11:08we cannot

00:11:09do that

00:11:10so evidence

00:11:10is so

00:11:11very important

00:11:11evidence

00:11:12is so

00:11:12very important

00:11:12do you

00:11:15think that

00:11:16something

00:11:17shared in

00:11:18whatsapp

00:11:18can be

00:11:19taken as

00:11:19an

00:11:19evidence

00:11:20yes

00:11:23definitely

00:11:24the answer

00:11:24is yes

00:11:25I am very

00:11:25sure

00:11:26that there

00:11:26is no

00:11:26confusion

00:11:27from your

00:11:28second

00:11:28now my

00:11:30question is

00:11:30this

00:11:31have you

00:11:31ever

00:11:32thought

00:11:32why

00:11:33this is

00:11:34being

00:11:35considered

00:11:35as

00:11:35imminent

00:11:36whether

00:11:37it's

00:11:38a

00:11:38youtube

00:11:39uploader

00:11:39video

00:11:40or

00:11:40the

00:11:41message

00:11:41shared

00:11:41in

00:11:41whatsapp

00:11:42or

00:11:43whatever

00:11:43you

00:11:43see

00:11:44directly

00:11:44in

00:11:45your

00:11:45eyes

00:11:45happening

00:11:46in front

00:11:47of your

00:11:48eyes

00:11:48or

00:11:48happening

00:11:49in the

00:11:49media

00:11:49you

00:11:50just

00:11:50take it

00:11:51as

00:11:51granted

00:11:51you

00:11:52just

00:11:52take it

00:11:52as

00:11:52granted

00:11:52have

00:11:53you

00:11:53ever

00:11:53thought

00:11:53why

00:11:54this

00:11:54is

00:11:54being

00:11:54taken

00:11:54as

00:11:55granted

00:11:55it's

00:11:56all

00:11:56because

00:11:56of

00:11:56the

00:11:56information

00:11:57technology

00:11:57act

00:11:582000

00:11:58and 2008

00:11:59what

00:11:59we

00:11:59are

00:11:59going

00:11:59to

00:11:59discuss

00:12:00now

00:12:00whether

00:12:01it's

00:12:02civil

00:12:02cases

00:12:02or

00:12:02criminal

00:12:03cases

00:12:03or

00:12:03any

00:12:04type

00:12:04of

00:12:04cases

00:12:05everything

00:12:06we

00:12:07say

00:12:07or

00:12:07we

00:12:07take

00:12:08it

00:12:08as

00:12:08granted

00:12:08we

00:12:09just

00:12:10follow

00:12:10something

00:12:10see

00:12:11this

00:12:11year

00:12:11that's

00:12:122020

00:12:12and

00:12:122021

00:12:13is

00:12:13a

00:12:13special

00:12:14year

00:12:14whether

00:12:15it's

00:12:15academic

00:12:16year

00:12:16or

00:12:16financial

00:12:16year

00:12:17is

00:12:17considered

00:12:17as

00:12:17a

00:12:17very

00:12:17special

00:12:18year

00:12:18because

00:12:18if

00:12:19there

00:12:20is

00:12:20no

00:12:20development

00:12:21in

00:12:21IT

00:12:21there

00:12:22is

00:12:22no

00:12:22development

00:12:23there

00:12:23is

00:12:23no

00:12:23such

00:12:29like

00:12:29Nadoula

00:12:30Kuncha

00:12:30Pakata

00:12:30Kanam

00:12:30correct

00:12:31am

00:12:31probably

00:12:32might

00:12:33have

00:12:33seen

00:12:33that

00:12:33movie

00:12:34Nadoula

00:12:34Kuncha

00:12:35Pakata

00:12:35Kanam

00:12:35like

00:12:35that

00:12:36if

00:12:36you

00:12:37check

00:12:37this

00:12:37year

00:12:37if

00:12:38there

00:12:38is

00:12:38no

00:12:38advancement

00:12:39in

00:12:39IT

00:12:40probably

00:12:41it

00:12:41might

00:12:41be

00:12:41very

00:12:42free

00:12:42without

00:12:42my

00:12:42class

00:12:43right

00:12:43okay

00:12:44without

00:12:45this

00:12:45IT

00:12:46or

00:12:46without

00:12:46this

00:12:46computer

00:12:47without

00:12:47this

00:12:48laptop

00:12:48without

00:12:48this

00:12:48network

00:12:49or

00:12:49whatever

00:12:49it

00:12:50is

00:12:50so

00:12:50and

00:12:50so

00:12:50and

00:12:50so

00:12:51this

00:12:522020

00:12:52and

00:12:522021

00:12:53will

00:12:53be

00:12:59from

00:13:00the

00:13:00education

00:13:01side

00:13:01they

00:13:01have

00:13:01announced

00:13:02this

00:13:02as

00:13:02zero

00:13:03academic

00:13:03year

00:13:04you

00:13:04got

00:13:04the

00:13:04news

00:13:05zero

00:13:05academic

00:13:06year

00:13:06okay

00:13:07I don't

00:13:07know

00:13:08how

00:13:08they

00:13:08are

00:13:08going

00:13:08to

00:13:08conduct

00:13:08the

00:13:09exams

00:13:09at

00:13:09all

00:13:09so

00:13:09still

00:13:10bit

00:13:11worried

00:13:11just

00:13:14imagine

00:13:14there

00:13:15is

00:13:15no

00:13:15mobile

00:13:15in

00:13:15your

00:13:16hand

00:13:16okay

00:13:17there

00:13:17some

00:13:1850

00:13:18years

00:13:18before

00:13:19how

00:13:19your

00:13:19parents

00:13:20in

00:13:20their

00:13:20end

00:13:20ages

00:13:21spend

00:13:21their

00:13:21days

00:13:22or

00:13:22how

00:13:22your

00:13:23grandparents

00:13:23see

00:13:24at least

00:13:25your

00:13:25parents

00:13:26might

00:13:29without

00:13:29the

00:13:29electricity

00:13:30also

00:13:30they

00:13:30were

00:13:30okay

00:13:31but

00:13:32when

00:13:32you

00:13:32go

00:13:32for

00:13:33the

00:13:33further

00:13:34generation

00:13:34okay

00:13:35the

00:13:35next

00:13:35generation

00:13:36talking

00:13:36about

00:13:36next

00:13:37generation

00:13:37probably

00:13:37after

00:13:3810

00:13:38years

00:13:38this

00:13:40idea

00:13:40would

00:13:41be

00:13:41of

00:13:41nothing

00:13:42okay

00:13:42the

00:13:43idea

00:13:43would

00:13:43be

00:13:43of

00:13:43nothing

00:13:44whenever

00:13:46we

00:13:46go

00:13:46for

00:13:46any

00:13:46advancement

00:13:47of

00:13:48anything

00:13:48that

00:13:49has

00:13:50to

00:13:50be

00:13:50given

00:13:50some

00:13:51legality

00:13:53am

00:13:53right

00:13:53that

00:13:53has

00:13:54to

00:13:54become

00:13:54some

00:13:54legality

00:13:55so

00:13:55you

00:13:55say

00:13:56that

00:13:56uploading

00:13:57of

00:13:57any

00:13:57illegal

00:13:58content

00:13:59or

00:14:00what

00:14:00Akshay

00:14:00said

00:14:01that

00:14:01wrongful

00:14:01actors

00:14:02being

00:14:02uploaded

00:14:02that's

00:14:03why

00:14:03those

00:14:04men

00:14:04got

00:14:04arrested

00:14:05yes

00:14:06as per

00:14:06the

00:14:06wild

00:14:07forest

00:14:07wild

00:14:08life

00:14:08conservation

00:14:09act

00:14:09or

00:14:09forest

00:14:10conservation

00:14:10act

00:14:11wild

00:14:11life

00:14:11has

00:14:12to

00:14:12be

00:14:12protected

00:14:12we

00:14:13very

00:14:14well

00:14:14know

00:14:14about

00:14:14that

00:14:15wild

00:14:15life

00:14:15has

00:14:15to

00:14:15be

00:14:15protected

00:14:16nature

00:14:18has

00:14:18to

00:14:18be

00:14:18protected

00:14:18so

00:14:20uploading

00:14:21of

00:14:21this

00:14:22videos

00:14:22against

00:14:24it

00:14:24so

00:14:25it's

00:14:25taken

00:14:26as

00:14:26an

00:14:26evidence

00:14:27and

00:14:27the

00:14:28things

00:14:28shared

00:14:28in

00:14:28the

00:14:28words

00:14:29are

00:14:29taken

00:14:30as

00:14:30an

00:14:30evidence

00:14:30whatever

00:14:31you do

00:14:32it

00:14:32whatever

00:14:32you share

00:14:33in the

00:14:33next

00:14:34minute

00:14:34you get

00:14:34it

00:14:34even

00:14:35all the

00:14:38news

00:14:38you get

00:14:38it in

00:14:38hand

00:14:39before

00:14:39it comes

00:14:40to the

00:14:40knowledge

00:14:40of your

00:14:41next generation

00:14:43future

00:14:44generation

00:14:44it comes

00:14:45in your

00:14:45hand

00:14:45immediately

00:14:46whatever

00:14:47is

00:14:47happening

00:14:47around

00:14:47you

00:14:48so

00:14:48in

00:14:4820-21

00:14:49years

00:14:49most of

00:14:50the

00:14:50businesses

00:14:50are

00:14:50happening

00:14:51only

00:14:51on

00:14:51online

00:14:52alright

00:14:53only

00:14:54on

00:14:54online

00:14:54not only

00:14:56I am

00:14:56talking

00:14:56about

00:14:56education

00:14:57even

00:14:58most

00:14:59of

00:14:59the

00:14:59treaties

00:15:00or

00:15:00most

00:15:00of

00:15:00the

00:15:00international

00:15:01bodies

00:15:02are

00:15:02everybody

00:15:03we have

00:15:04so many

00:15:04international

00:15:04bodies

00:15:05probably

00:15:05we know

00:15:05WHO

00:15:06we know

00:15:07about

00:15:08BRICS

00:15:08we know

00:15:09something

00:15:09related to

00:15:10international

00:15:11bodies

00:15:11and national

00:15:12bodies

00:15:12they also

00:15:14meet

00:15:14one

00:15:14deal

00:15:14online

00:15:15only

00:15:15even

00:15:16the

00:15:17company's

00:15:17annual

00:15:17general

00:15:18meeting

00:15:18can be

00:15:19said

00:15:19that

00:15:19it

00:15:19can

00:15:20be

00:15:20held

00:15:20online

00:15:21that

00:15:21video

00:15:21conferencing

00:15:22can be

00:15:22eligible

00:15:23for

00:15:23every

00:15:24cases

00:15:24now

00:15:26do

00:15:26you

00:15:27think

00:15:27that

00:15:27handling

00:15:28classes

00:15:29online

00:15:29is

00:15:34valid

00:15:34I am

00:15:36talking

00:15:37not about

00:15:37you and

00:15:38me

00:15:38I am

00:15:38talking

00:15:38about

00:15:39the

00:15:39school

00:15:39students

00:15:39yes

00:15:42please

00:15:42is

00:15:43valid

00:15:43no

00:15:47you

00:15:47say

00:15:47no

00:15:47you

00:15:48say

00:15:49no

00:15:49you

00:15:50say

00:15:51no

00:15:52the

00:15:55government

00:15:55has

00:15:55announced

00:15:56that

00:15:56you

00:15:56can

00:15:56handle

00:15:56classes

00:15:57online

00:15:57right

00:15:58it's

00:16:00not

00:16:00I'm

00:16:00talking

00:16:00about

00:16:01not

00:16:01direct

00:16:01online

00:16:02the

00:16:02videos

00:16:02are

00:16:02uploaded

00:16:03and

00:16:03it's

00:16:03shared

00:16:03by the

00:16:04students

00:16:05from the

00:16:05teachers

00:16:06that they

00:16:06have given

00:16:06more work

00:16:07and

00:16:07do

00:16:07the

00:16:11Kamele

00:16:11is

00:16:11here

00:16:11she is

00:16:11a

00:16:12teacher

00:16:12she

00:16:12might

00:16:12be

00:16:13very

00:16:13much

00:16:13valuable

00:16:14but

00:16:14not

00:16:14efficient

00:16:14I am

00:16:16not

00:16:16talking

00:16:16about

00:16:16the

00:16:16efficiency

00:16:17I am

00:16:18talking

00:16:18about

00:16:18the

00:16:18validity

00:16:19I want

00:16:19to

00:16:19check

00:16:19whether

00:16:20this

00:16:20is

00:16:20completely

00:16:20lawful

00:16:21because

00:16:22we

00:16:22don't

00:16:23have

00:16:23any

00:16:23particular

00:16:23laws

00:16:24to

00:16:24say

00:16:24that

00:16:24the

00:16:25schools

00:16:25have

00:16:26to

00:16:26be

00:16:26handled

00:16:26online

00:16:27but

00:16:27because

00:16:28of

00:16:28the

00:16:28need

00:16:29of

00:16:29the

00:16:29hour

00:16:29that

00:16:29education

00:16:30cannot

00:16:30be

00:16:30postponed

00:16:31because

00:16:31of

00:16:31the

00:16:31COVID

00:16:32so

00:16:32online

00:16:33classes are arranged the online classes are done so it is made lawful okay i just want to make a

00:16:38small clarification giving a difference between legal and lawful okay uh see nowhere in the act

00:16:45it is mentioned that schools shall be handled online school classes shall be handled online

00:16:51but when i say lawful whatever we do it should not be against the law okay that's what we solve

00:16:56let me say as lawful uh so this act is a very easy act i would say it's a very easy in the sense

00:17:03we are going to go with us few part of the definitions alone so actually in the earlier

00:17:08syllabus we had a very wider angle of defining information technology act but we are going to

00:17:13have a simple structure we'll go something what you call as introduction and we'll go with respect

00:17:19to definitions in detail definitions plays a very important role in this topic we'll go in definitions

00:17:23in detail and apart from that we'll be discussing with respect to a few advancement of it that is

00:17:32with respect to digital signatures probably might have heard of digital signatures and also electronic

00:17:37signatures we'll be discussing here digital and electronic signatures so not much in detail but

00:17:43everything in short apart from this if any offense is made so what you're going to deal with this offense

00:17:51and some miscellaneous matters so it's a very small topic but the definition part alone covers 50 percent

00:17:58of the topic so i will go for some miscellaneous topic so i would like to start on the material if you

00:18:04find any difficulty in understanding can just put me in the chat box can just interact with me in the chat box

00:18:09so it's lesson 70 which we are going to discuss on in the information technology act 2000

00:18:14first goes to the lesson objective or the lesson outline where the lesson of objective is the

00:18:22lesson outline is about the definitions of the basic expressions you need to understand okay we're

00:18:28going in a very wider handle

00:18:32and also what do you mean by digital signature and what do you mean by electronic signature and we know

00:18:38very well about e-governance anybody born in chennai maybe many here born in chennai probably you may

00:18:46be a native of some other place you might be born in chennai then you can take your birth certificate

00:18:53okay you can take your birth certificate downloaded in a fraction of second

00:18:57earlier days under what we used to do is we have to hold our birth certificate in a safe manner like we

00:19:02hold 10 standard and 12 standard mark certificate mark sheet we have to hold them in a very safe

00:19:07custody two copies will be given and we have to hold it in a very safe custody but nowadays for my

00:19:14for my daughter now i'm just handling like a paper because she is born in chennai directly i'll go and

00:19:21take the birth certificate directly as a printer it's like a printer if you're born in chennai you can

00:19:26directly have a printer copy that's the original that's treated as original uh you know now you

00:19:34want to make any corrections in your pan card yes you can make it you want to make any additions or

00:19:40deletions or any changes in your adhan yes you can make it yes everything is there in your hand

00:19:47everything is there in your hand this is what you call this e-governance everything is governed electronically

00:19:52everything is what you call us e-governance it's a beautiful concept i would say so we'll deal see

00:20:01they're not going to go in detail they're just going to go in short and the very most important part

00:20:07here is uh retention of information see whenever we go for collecting anything we have to retain it to

00:20:15subsequently go further thus again a very important case here then goes with audit of documents maintained

00:20:25in electronic form yes we as company secretary so as i have done audit for a few listed companies and also

00:20:33other companies i have done the audit which are available in electronic form so the companies

00:20:40maintain the documents in e-format they maintain the system so i have done the audit for them also so

00:20:48how the audit has to be performed and we the cs are also there where we go for it audit information

00:20:55technology so it's a special case if anybody enters into a contract electronically how far the contract is

00:21:04valid yes the access is valid and if any electronic records are being attributed or dispatched we need

00:21:12to go in detail with respect to how the attention or the how the dispatch is taking place and also what's

00:21:17the time and place of dispatch and the very important thing how you secure the electronic records properly

00:21:25because not like a document or like a snapshot i'm taking it preserving it's a document which

00:21:31contains each and every details which are so much important or compensated and we learn something

00:21:38about certifying authorities who give the digital signature certificates in other cases so they are

00:21:44the authorities who are responsible okay they have some powers here and it has some responsibilities here

00:21:50also to carry on and we'll go the normal cases like penalties, adjudications and applications

00:21:54so we need to go whatever happens we need to go for throughout the legality whatever happens we should

00:22:02say it's legal this can be treated as a proper evidence so each and everything should has to be

00:22:07properly taken care of so it's like need of the art we have to go for information technology act right fine

00:22:14i'll carry over here with respect to introduction so as i'm not going to go here like uh word by word

00:22:22i'll just take the main wordings and i'll try to cover the whole tara in detail so when i go for

00:22:28information technology we have we are connecting the technology with respect to information see we

00:22:34learned see whenever we had in school or colleges earlier we called it as computer class right okay

00:22:40now nowadays it is not termed as computer class they term it as ict class okay do you know why information

00:22:46and communication technology we are not only studying about computer they are also studying about the

00:22:50information technology in detail so the it's like somewhat a small change has happened nowadays in

00:22:55the school so whatever we study here the technology we have developed here is completely with respect to

00:23:02information only uh because of this technology here we can store many documents or informations in

00:23:11detail so we have to go with respect to technology on storage probably you know about cloud technology it

00:23:18is not at all a new topic for us it's everything what is happening around us but we are studying in a legal manner

00:23:26whatever you store you have to properly retrieve you just imagine yourself as x okay yourself as x

00:23:35you buy a space you buy a space in cloud and you store your data there store your data

00:23:48and you want to get back the data does you want to open the information and see and if you open the

00:23:53information you get the information of why what do you think then you will be happy oh god what a nice

00:24:02technology i got the information of why then i can carry over all the things of why i can carry over

00:24:06the business you will think in this angle or you are just going to get frightened like your data also

00:24:12will be shared with others see when i say myself x i'm not interested about other person's information

00:24:20i'm interested about the information which i have stored here so it's not just just not retrieval is the

00:24:28retrieval of the information what i have stored and also proper timely dissemination dissemination is

00:24:34bringing into force so because of the technology it has given rise to several legal social and ethical

00:24:43problem also that's why there is a meal of the hour we have to go for it act so when we follow this

00:24:51it act is like we say it as model law on electronic commerce which is adopted by the united nations

00:24:59commission on international trade law so in short we call this as unicentral model law see when we talk

00:25:05about information technology act usually when we go for any applicability we say that any act is

00:25:10applicable only to jama and cashmere uh sorry the whole of india except jama and cashmere we discuss in

00:25:15the sandals but when we talk about this information there is a beauty that this act is applicable even

00:25:22when you are outside india so when i talk something which is internationally then there should be a law

00:25:28which is thinking uniformity law that is not india look through globalized uniformity so in that case

00:25:35we need to follow a model law on electronic commerce and that law is being adopted by the united nations

00:25:42on international trade law which is called unicentric model law so we just got adopted with this and

00:25:48the government has passed the act on the year in the year 2000 and we got its amended amendment in 2008

00:25:57so passed by parliament and received the president and assent on february 2009 if you go for this act

00:26:05with respect to exam point of view we will find each and every question is asked in the exam and a few

00:26:10questions are repeated many number of times then and then i'll discuss all these things right uh we

00:26:17when we talk about this uh 2000 uh technology act that is 2019 we have to discuss three kinds of main

00:26:23provision and this three kinds of main provision plays a very important role one is with respect to

00:26:28giving legal degradation whatever the transactions you make okay you make some online payment you make some

00:26:35online shopping you just uh receive any amount through google pic yes it's all happening right

00:26:42so is there any legal recognition for this transaction yes we have and also it facilities the electronic

00:26:48filing of documents with the governments you do it filing so it's almost like december 30th today so

00:26:54tomorrow's the last day for the it cleaning if you're an individual so for it filing you have to go through and for the

00:27:00company's company's company has to form many e-forms for appointing a director for removing a director

00:27:06for appointing a company secretary for uh annual returns for each and everything companies act is

00:27:11falling falling or uh as for the 2013 act we have the e-forms so electronic filing documents is being

00:27:19acknowledged in the government agencies yes it's acknowledged because of this act

00:27:23so it's not really giving legal regulation is also facilitating the electronic finding of documents

00:27:28also and the very very important point once we got through this act information technology act

00:27:37they needed some amendment with respect to indian penal code indian evidence act so as i was

00:27:44as i was discussing with respect to sharing of whatsapp messages and uploading youtube videos and

00:27:49bankers book evidence act so probably once upon a time probably you might be or your parents might

00:27:53be holding all the passbooks they may be taking proper care they'll be holding passbook but nowadays

00:27:59you just take a mobile app you download your bank app in the mobile and you just go through all the

00:28:04duties to come along all the transactions happening so if you have something called a neft transaction so the

00:28:10passbook or whatever it is you hold it's called as an evidence but now but nowadays we are not

00:28:15following that so we need to amend the actor so bankers book evidence act is being amended and reserve

00:28:20bank of india yes which also has some regulations for the banks right that's also got amended so this

00:28:27is all with respect to the enactment which has to be brought in force because of the appearance of the

00:28:32new act information technology but also the tradition has not changed with respect to a few documents or

00:28:39transaction and here lies a few so first case whenever you go for a negotiable instrument

00:28:45except check when you go for bills of exchange or whatever at least bills of exchange nowadays is gaining

00:28:51more online facilities also so whenever you go for other negotiable instruments other than check

00:28:57it has to be done in person only power of attorney it has to be done in person you need to create a trust as

00:29:05for the indian trust act yes obviously it has to be done in person when a bill is written yes you have

00:29:13to do in person or you're planning for a sale or conveyance of any immobile property what do you mean

00:29:21by conveyance is future sale okay we call conveyance as future sale i'm not going to sell it today

00:29:27okay this is going to happen probably after a year or so so this is what you want to call is conveyance

00:29:32so all these five cases are still in traditional form only which means that it act has no applicability

00:29:42hope it is okay i would like to go for definitions of basic expressions probably if we are using all

00:29:49these as a colloquial terms in our normal life but still when it comes for the act or law point of view

00:29:54we have to be we have to be very particular with respect to these two terms these few terms

00:29:59and it also ask in the exam also see i say that this is a very small topic running for some 12 or 13

00:30:04pages only each and every heading each and every definition is asked in the exam so we cannot when

00:30:11it comes to the definition point of view we cannot miss any lines also so that's what i call as definition

00:30:16so like i go for the first one what you call as assess assess means you know right that is uh you can

00:30:22use it that's what that's what you call as assess in your normal terms and here they say it's a

00:30:26cognitive expression meaning gaining entry into or maybe instructing or communicating with respect to

00:30:33logical arithmetic and memory functions with respect to a computer or computer system or computer network

00:30:42so this is defined under the it act so section 2 clause a sub clause sorry clause 1 and sub clause e

00:30:52please try to understand uh probably in your lower standards when you study about computer you know

00:31:00something called as a l u okay which is arithmetic and logical unit you might have studied in your lower

00:31:07classes definitely when i was done in your schooling alu arithmetic and logical unit this is what they

00:31:12say here gaining entry or instructing or communicating with any logical arithmetic or some memory functions

00:31:19also not only with respect to computer alone that may be the respective computer system also

00:31:25computer network what do you mean by see this was one's answer what is the difference between computer

00:31:30computer system and computer network you need not worry they have properly defined in the act also

00:31:35so subsequently when i go for the c series and discuss so i'm just now in a series with respect to access

00:31:42we had to discuss something called as addressing yes we know that i'm sending an email from my address

00:31:48y to your address x i will be called as the originator right so i'm the person who is sending this message

00:31:56to you so i am addressing this message to you so it will be called as the address so this is a person who is

00:32:03intended by the originator to receive the electronic record but does not include an intermediary probably

00:32:09the message which i sent may not be directly to you it may be sent through another person sometimes it

00:32:16happens i may not be sending you to you this one directly i may be designating a intermediary probably a

00:32:24service provider will be there whenever i go for see it happens in the schools and all okay it happens in

00:32:30large organizations it happens in banks probably for the bulk message providers service providers they

00:32:36send them messages in bulk okay so whenever i designate a person to provide the service then he

00:32:43sends on behalf of me probably that person will be sending to the addressee x and obviously x may have a

00:32:54designated person on behalf of x itself so there may be a service receiver who will be receiving the

00:33:02service being sent by all others so probably the map will not look like y to x now who is the service

00:33:10provider of y probably i name it as s1 who is the service provider of x sorry sorry not service provider

00:33:17service receiver probably i name it as s2 so s1 will be sending to s2 because s1 is sending to s2 s1 is not

00:33:27called as the originator or also s2 is not called as the addressee they are the service providers only

00:33:34here we called y and x as the originator then address it please make a note here

00:33:39what do you mean by affixing electronic signature see when you find a seal or something stamping what

00:33:47you do probably might have done stamping and all right probably you might have seen in shops or any

00:33:52business uh concern matters they'll be just having a seal or stamping here affixing electronic signature

00:34:01means you may take it in this sense that they are adopting this technology or it's like a procedure how

00:34:07you authenticate an electronic record what do you mean by authentication means you are giving

00:34:12validity for that record okay only if a record is given validity that may be taken as evidence

00:34:20like and other tribunals we also have appellate tribunal and we have some concept called as asymmetric

00:34:26crypto system see we have two types of signature probably i may use the book we have two types of

00:34:33signature right one is digital signature and one is electronic signature earlier and not we had

00:34:40only electronic signature but when we talk about electronic signature this was having some issue

00:34:45with respect to the changes happening see whenever i affix a signature okay i affix a signature and i make

00:34:53any changes after affixing if you make any changes probably you are the person x who have affixed the

00:35:01signature and if there are any changes made in the document you will not be knowing that the changes

00:35:06are made so they want to give security so they don't they want to make security for this document

00:35:13so what they have done is they have gone for digital signatures which means that probably i am a company

00:35:19secretary who are practicing if i certify your document okay after i certify which means what do you mean by

00:35:30certifying what do you mean by affixing this digital signatures i have authenticated the records okay

00:35:36probably i am uh involved in incorporating a company i have authenticated the records which means i have

00:35:42certified okay as a company secretary i have the uh authority to do that i have certified the records

00:35:48but now the subscribers of the company who are planning to uh form the company i have made some changes

00:35:54probably they have made the changes with respect to capital amount maybe they might have made a

00:36:00changes with respect to panels or something they have done if they try to upload this document okay

00:36:08if they try to upload this document no no need to worry about uploading also if they want to make any

00:36:14changes they definitely they have to remove my signature only if they remove my signature they can go for

00:36:22making the changes then only they can go for uploading so once it has to be removed so once it is removed

00:36:28they cannot upload it because it will not scrutiny it will not be self-tested they have to scrutinize

00:36:34any document before uploading they have to scrutinize the document saying that everything is done

00:36:38properly it's like self-correction self-correction so if it is not done this will not be properly done then

00:36:46the websites especially mca and other proper websites are referred to government agencies they are not

00:36:51accepting this one so this happens with respect to digital signature so what is there what is the beauty in the

00:36:57digital signature there is a keypad okay there is a keypad one key is what you call as a private key

00:37:05and one key is what you call as the public key private key is the one which you hold public key is the one which the public

00:37:13code which means which authority is going to see the document is the authority mca seeing the document

00:37:19or you have filed your income tax document you have a fixed your signation it is the income tax authority

00:37:24seeing the document whichever authority seeing the document they will be given a permission with respect

00:37:30to public key that anybody can access but private key is one warning you can have the accessibility and if

00:37:36you check it's called as a keypad which means that the private key and public key is such a way designed that

00:37:42it will be unique to person to person like you have a other number you have a fan number you have vehicle

00:37:47numbers so in the same sense it will be like very unique pair where it will not match there is there

00:37:54will be a mismatch if you take some of the public key so for this private key this only will be the public

00:37:58key so this gives us security more security with respect to the digital signature right fine

00:38:04so i'll continue with the asymmetric crypto system which i'll be having the key pass and what is

00:38:17happening actually so it's a crypto system

00:38:22one second yeah so we'll be having a secure keypad which will be having a private key for creating a

00:38:30digital signature that is for affixing purpose we'll have this and we have to verify that right

00:38:35thus you're the person who have affixed the signature so for verifying we have another key called as public key

00:38:41so this will be available for all the authorities so this is what we call as asymmetric crypto system

00:38:48certification practice statement is issued by the certifying authority who is given the power to

00:38:55issue this electronic signature certificates and you know something called as communication device

00:39:01which means that all the related devices cell phones or uh pda probably might be aware of known about

00:39:09this personal digital assistance or any combination of this whichever device you use for communicating or

00:39:16sending or transmitting any text video audio image whatever it is probably if you take a photo also probably you

00:39:22may get the date and camera name also right yeah the next uh very important definition

00:39:31we i'll go for four definitions here all together one is computer one is computer network third is computer resource

00:39:40and fourth is computer system and often these are asked as individual definitions or they're asked to

00:39:46uh bring a comparison between the three words let me go for first case computer it means any electronic magnetic

00:39:57optical or other high speed data processing device or system okay if this question is asked in the exam

00:40:06please don't skip any line or word it is just expected as it is it means any electronic magnetic optical

00:40:15or any high speed data processing device it may be or any system it may be why you use the system is to

00:40:22perform logical arithmetic and memory function probably you may be using for manipulation of electronic magnetic

00:40:32or optical impulses also it includes input output processing storage computer software computer facilities

00:40:45that may be connected or related to the computer in computer system or computer network

00:40:52so somehow it will be connected to the system or the network you will call put together as computer

00:41:00let me repeat the definition it means electronic optical magnetic optical or high speed

00:41:06data processing device or system which performs logical arithmetic and memory functions with respect to

00:41:16manipulations of electronic magnetic or optical impulses that may be including all input output processing storage

00:41:26any computer software or communication facilities that may be coming that may be connected or related to the computer

00:41:32system or also computer network so what do you mean by computer network is an interconnection of one or more computers

00:41:41that interconnection may be because of satellite microwave terrestrial line or any other communication media

00:41:48and also maybe terminals or there may be some complex consisting of two interconnected computers two or more interconnected

00:41:54computers whether or not the connection is continuously maintained this is also what you call as a computer network

00:42:02and probably you might be knowing about computer resource which means computer computer system computer network data computer database and also software

00:42:10what do you mean by computer system means it's any device or collection of devices

00:42:15you take input output support devices you will not consider calculators that are not programmable

00:42:22programmable calculators are included in computer system but non-programmable calculators are not included

00:42:29and also other devices which are capable of being conjunction with external files probably computer

00:42:35programs electronic instructions input data input data output data output data which all performing this

00:42:41arithmetic logical operations data storage retrieval communication and any other function related to this

00:42:48all will be called as computer system so kindly focus on these three definitions and four definitions is often repeated

00:42:55yes probably you might be like you might be knowing what do you mean by cyber cafe where you get the access to the internet

00:43:02to the public okay cyber security yes to protect information for the equipment or devices computer

00:43:09computer resource device or information stored from unauthorized access use or disclosure or disruption or modification

00:43:17digital signature as i was discussing this one this is with respect to a fixing of a

00:43:29signature as i have a normal signature so this is taken with respect to offici a fixing of any

00:43:35authentication of electronic record by a subscriber by means of electronic method or precision

00:43:40precision what do you mean by e-form so just we give the information that may be generated or sent or

00:43:46received or stored in any media magnetical or optical or any computer memory in chip form or microfilm

00:43:52or computer generated microfiche or any similar device or call it electronic form an electronic record is the

00:44:00same thing i'm not discussing here an electronic signature is just an authentication is being specified

00:44:07by electronic technology which is being mentioned in uh electronic second schedule and this also

00:44:13includes digital signature so electronic signatures are wider in angle definition so whenever we go for

00:44:19having a digital signature or electronic signature a certificate will be given so it's it's been issued

00:44:25you know it's been issued in token form okay we call it an appendite form information it may be including

00:44:33any data message text images sound voice codes computer programs software's database microfilm computer

00:44:41generator microfiche in any form you call put together as information and intermediary is very important

00:44:47definition with respect to any particular electronic records means any person who on behalf of another

00:44:55provider receives not only receives but also stores or transfers the record or also provides any service

00:45:03service with respect to that record and also include telecom service providers network service providers

00:45:09network service providers internal service providers web hosting service providers search engines okay

00:45:15online payment sites online auction sites online marketplaces and cyber cafes everybody or everything put together is

00:45:23what you call as the intermediary very very very important definition and keeper yes we have discussed the keepers

00:45:30with respect to private key and public key in relation with asymmetric crypto system originator or originator

00:45:38will mean who person who sends generates stores transmits all the records but does not include an intermediary

00:45:45we know prescribed means what is prescribed under the rules private key we know is used for creating a digital

00:45:52signature signature signature yes public key we know is used to verify a digital signature and it will be listed in the digital

00:45:58signature certificate itself so anybody can view yes the next very important definition is secure system this is often repeated

00:46:06definition in the exam point of view and i request you that if this question is asked define secure system under the information technology

00:46:15and i request you to put all the four lines without any change in the order so you're just going to secure

00:46:22the system probably this may be securing the respective computer hardware software and what procedures has to be followed with respect to secure means

00:46:32it should be reasonably taken care from unauthorized SSN misuse also provide a reasonable level of reliability and also the correct

00:46:42operations operations are undergone and it's decently suited to perform the intended functions

00:46:48and adhered to generally accepted security procedures so they go with security procedures like biometry has

00:46:56to be followed or password or otp or whatever does as you handle a mobile you go for space recognition you go for

00:47:03fingerprint you go for typing ot not otp spin number you go for some pattern log it's the same thing they say

00:47:10here they usually when they want to secure any system they want to go for some generally accepted

00:47:16security procedures and that is made compulsory international level made compulsory so because

00:47:21we are following to need to settle model then what do you mean by verifying so verifying is just we are

00:47:27checking right so that is with respect to digital signature but to check whether the electronic records

00:47:33are fixed with the digital signature using the private key and whether the public key is corresponding to

00:47:38that and also initial electronic records retake intact without any disturbances so this how goes

00:47:45to the definition part yes from your side shall i continue with the next city

00:47:51so i would like to continue with digital signature and electronic signature

00:47:55so as i told you digital signature is nothing that i'm going to authenticate an electronic record so i

00:48:00use it so it's a valid method of authentication see why you say it's a valid method because it's being

00:48:05recognized in the act that's why it says it's a valid method so if it is not this section that is section 3

00:48:12clause 1 and uh clause 2 does not be mentioning about the digital signatures then any document which

00:48:22is affixed or authenticated by the digital signature will not be labeled that's what i'm trying to see

00:48:27and how this authentication is done is very simple is done with the help of the two keys right private key

00:48:35and public key so it is done with the help of the two keys and the two keys will be supporting as the

00:48:41asymmetric crypto system keys right so whatever is done the verification of the record is done with the

00:48:50the help of the public key which a subscriber has continuing

00:49:12yeah so we have section 3a and uh clause 1 and uh clause 2 and or subsequently will be discussing so we

00:49:19have to go everything with respect to electronic signature signature and uh authentication technique

00:49:24which we are following here and it's also considered reliable and it's mentioned in the second schedule

00:49:29okay so we are not going in detail with respect to this one uh whenever we follow this technique we

00:49:37have really we have a doubt whether i shall rely on this whether this is reliable whether this is

00:49:43technique is reliable yes this technique is reliable when it is properly linked the signature creation data is

00:49:48properly linked and at the time of signing whether it's under the proper control if any alteration is

00:49:57done it's detectable as i told you if any changes are made then the certification will be actually

00:50:03removed the sign will be actually removed and any alteration with respect to the information made is

00:50:08also detectable this has to be checked and with respect to any other condition this also has to be checked

00:50:13so whether it's properly linked whether it's there under proper control whether it's respect to any

00:50:19alteration done with respect to the signature made or orientation done with respect to information made

00:50:24whether it's detectable then also it goes with respect to other conditions so these four or five

00:50:29points talks about the reliability of the electronic signature then we'll go for electronic governance which

00:50:35is talking about the legal determination of the electronic records yes we have this section which is talking about

00:50:43writing form or any typewritten form or any printed form which is made in electronic form which is made

00:50:50accessible then we call we are completely completely following electronic government so as i told that i

00:50:57shall take a birth certificate if you are born in chennai if you're born in chennai then i shall take a birth

00:51:02certificate death certificate may be taken okay so it happens in a very uh convenient form right because of the

00:51:09electronic governance it also goes with private transaction so private transaction is that we

00:51:14particularly go for we will go for two type of transaction one is private and another one is public

00:51:19private transaction is where i will give the accessibility to you and you can see it okay only

00:51:24it's between happening between you and me that's what you call as private transactions so it's also about

00:51:29legal recognition of the electronic signatures is being authenticated and you can see my record that's what

00:51:34you call as private transactions next i'll go for public transactions which this is happening with

00:51:39respect to public records so they want to go completely with respect to those records which are

00:51:46available and this goes with respect to your filing any form with respect to it uh companies or any

00:51:53documents with respect like that or with respect to mca the companies are filing the forms with respect to

00:51:58mca so these filing of any form or application on any document with any governmental agencies or with respect

00:52:04to granting of any license um hope i remember there is an app called as bahan or bihan any two-wheeler

00:52:11drivers here bihan or bahan i just don't remember that particularly that's if you have a vehicle number

00:52:19with the help of vehicle number you can check uh the dgs or not the uh how far the insurance is valid and

00:52:27how far the rc who's the owner for the uh vehicle everything can be checked with the help of this mobile app

00:52:34so it's very ah bahan yes thank you so uh this becomes a convenience right so this is like a public

00:52:40record it's like not only you and me do see recently i faced a situation actually i have a i10 car okay

00:52:48mine in the sense is actually my brother's car and my mom holds the ownership of this car

00:52:53but i use it now personally uh it's like a third hand ownership so i want to sell this car and get a new

00:53:01one this just happened some 20 25 days before there came a person who was interested in buying

00:53:08this car actually i i have no intention because i have i10 and also i have desire okay i have no

00:53:14intention of selling this item because i want one in chennai and one in trishi so i don't want to

00:53:18sell this one but this is also becoming third hand car so why don't i go for a new car so this was my idea

00:53:24and one person was completely interested in buying this car

00:53:27but that person activity was completely different he had he had like a like a some royal entry bike

00:53:34okay he's like of some 45 years to 50 years old but he had a royal entry bike his activities his body

00:53:41language was totally suspicious so we we had a dilemma whether to sell the car to him or not okay not for

00:53:47a good price also a normal decent price only so we had a dilemma whether we can sell it or not so

00:53:52immediately what we did with the help of this bahen app we actually checked whether he's the owner

00:53:59but surprisingly i cannot believe it he's actually he's the owner only he's the owner for the bike but

00:54:05his total activity his body language he was like a local guy okay actually i should not say that but

00:54:11actually he was looking like that only he was okay local guy with a royal entry like not believe at all okay

00:54:16uh what i'm trying to say is with the help of this bahen i just realized you uh i just unexpectedly did

00:54:24this one so i did not have any uh wrong intention of checking him but the uh doubt raised right so this

00:54:33app was helpful because it's just uh completely having the complete set of records public records

00:54:40and you want to make any particular payment also that also can be done okay this one comes under

00:54:45different categories and when we go for this service providers they provide the service though

00:54:52they deliver the service and do you say this the service which they deliver is valid yes still valid

00:54:59because it's been authenticated here in this so it's being upgraded then and then by the official

00:55:03notification they get that they say it's valid okay it's not going we are i'm not going line by line

00:55:08it because it's normal line like uh this service providers who may be the service provider so

00:55:14usually we get a doubt right who may be the service provider it can be any individual any

00:55:19private agency any private company also even they can form as a private company partnership firm

00:55:24a sole proprietor any body or agency they must actually get the permission from the government to

00:55:31offer these type of services so this is quite an important one right without getting permission they

00:55:37cannot do the service providing uh services retention of information yes whenever we talk about

00:55:45storage that store information should be properly stored it's not like just store and deleted it should

00:55:52be properly stored which means it should be properly retained which means that it has to be

00:55:59retained for some specific period right it has to be retained for specific period next one with respect

00:56:06to audit of documents s section 7a talks about the information and technology audit can be done

00:56:12where the details which is maintained stored retrieval retrieved or retained whatever it is it can be done

00:56:19properly and laws allowing when we say laws allowing there may be some holes also to escape from law so

00:56:27auditor of documents this has to be done and subordinate legislation probably might be heard of this

00:56:32term when we say subordinate legislation whenever we go for law making we call it as legislatures like

00:56:39we call it as legislatures this law making bodies parliament state legislatures and sometimes they'll be

00:56:45forming like a committee where they'll be delegating this uh law making duty to them so delegation of this

00:56:51authority for law making will be done so supporting legislation is that which is there having some

00:56:58right to go with issuing some notices in the official desert with respect to also they have electronic

00:57:06desert during the covid situation we got so many notifications regarding the covid being locked down

00:57:11so not only for those cases for it for gst yes we get so many notifications and everything is happening

00:57:16with respect to electronic is it so that's what they say next is validity of contracts formed through

00:57:21electronic means yes whenever we go for entering into any contract please remember when we enter into

00:57:27a contract it should be a valid one okay uh there should be proper essentials like there should be a proper

00:57:33offer the offer should be properly accepted by the persons there should be consensus they should have

00:57:39understood the proper sense the timing the consideration everything should have should be followed

00:57:44followed properly and one such specific contract is something called as e-contract which is entered

00:57:51electronically e-contract which is entered electronically and we want to know whether this contract which is

00:57:58not entered face to face is still valid yes it's still valid because of the section 10 of the

00:58:04information technology act so whatever we follow in the normal traditional contract as per the indian contract act

00:58:11is still available and applicable in the e-contract also because of the section 10 continue

00:58:20attribution and dispatch of electronic records whenever a electronic record is being dispatched

00:58:25sent so as i told you myself why i send the electronic records to you probably i may not be sending it by myself

00:58:34i may be sending by the service provider naming it as s1 so when an electronic record is sent by me

00:58:42it's called as attribution it's attributed to the originator we call it attribution actually i may not

00:58:50be working there may be some person working behind me so whom do you call this originator is who is

00:58:57originally sending by himself or he may be authorizing a person on behalf of him to send his electronic

00:59:04record or he may be sending this by an information system program probably you might be receiving many

00:59:12emails or any any whatsapp messages saying that don't reply it's a computer generated okay so it will be

00:59:18just operating automatically so this happens so recently i got a uh a letter from lic it's actually a printed message so probably everybody might have gone for insurance right like

00:59:31lic life insurance i got a recent saying that the letter is dated for

00:59:379 11 okay 9 11 2020 okay the date is 9 11 that is last month but i received this letter around 17th

00:59:48in december 17 12 2020 do you know what the content of the letter was it's like your lic uh insurance the

00:59:57date which is for 10 years of thought terms of 12 years i remember this is being over see the word that

01:00:03wordings used was over see the letter is sent on 11th of that is 11th month of 2020 but i am receiving on 12th

01:00:13month okay the saying is it gets over by december 2020 when it is sent 11th they say it gets over not

01:00:24it gets over it's over done you can come and collect the premium amount 5000 rupees okay it's very small amount

01:00:30only you can come and collect the life insurance amount it's not because of life insurance it's some

01:00:36other policy was there so you are requested to come and collect the amount 5000 then after december

01:00:42only you have to prove but this letter is dating saying that you can come and collect what i'm trying

01:00:46to say is it's all automatically programmed messages they just print and send it so there's these signs

01:00:52some we find some difficulties also here so continuing so with respect to acknowledgement

01:00:59if you find any electronic records are properly acknowledged using digital signatures we don't

01:01:05have any particular form for this agreement so we just it has to be properly communicated to the

01:01:11addressee and it's just sufficient if this been properly addressed right next very important point

01:01:18is time and place of dispatch remember as i told myself while i'm sending you that is yourself x what is the

01:01:28time and place of dispatches once it is being sent out of my control i say why means not only why even my

01:01:37service provider is included when i say something is sent out of my control i call this as the time which

01:01:44my record is being sent in once it is being received in your system okay once it is being received in your

01:01:53system it is the time which you have received sometimes you may be having a service provider

01:01:59on yourself but who is working behalf on you if that service provider receives the record on behalf

01:02:06of you then that will be taken as the time of month for receiving so this is with respect to dispatching

01:02:11and this is with respect to receiving right so we'll talk about two terminals points one is with respect to

01:02:17dispatch and one is with respect to uh receipt okay dispatch is with respect to originator point of

01:02:22view and this is with respect to uh addressee point of view and very well we know about computer source

01:02:29so we here will be completely mentioning about computer source only so what do you mean by time of

01:02:35receipt at what time you get this record in your computer system so if you have a designated resource

01:02:43then the time it enters so when you find any email in your records you will find the time mentioned

01:02:49right at what time it's like uh 10 45 yes you have received at this time because it has entered your

01:02:55designated resource at this time which means that you cannot escape by saying that you saw this mail in

01:03:01only in the evening you saw this mail only in the next week you cannot escape so once it has been

01:03:05entered in your designated resource this is what you call as a time of receipt if the record is sent to

01:03:11computer system which is not designated means the point at which it is right if there is no proper

01:03:17designated resource for the person who is receiving then a time when he's retrieving will be called as

01:03:25the time of receipt so this is again an important point it's asked a few many number of times okay not

01:03:31many number of times a few number of times it is asked continuing second electronic records yes signature

01:03:39creation data time of fixing everything comes comes under the whole control so we have to come

01:03:45across many situations and it's very important to go with respect to time of verification also

01:03:51so just respect to commercial circumstances happening and also signature creation data will be properly

01:03:57stoned and affixed in the exclusive manner it's not like uh it's not like normal signing what you do

01:04:03it's like actually what you have to affix the affix the affixing affixing the digital signature or the

01:04:09electronic records are quite very important so affixing is very very important okay next is certifying

01:04:16authorities who has the rights to certify so the person has to actually apply and that person will go for

01:04:23giving the digital signature certificates or the signature key certificates or whatever it is

01:04:29and you'll be having a controller or also for this one so controller certificate what do you mean by

01:04:34electronic signature certificates so it's been covered under section 35 to 39 this electronic

01:04:41signature certificates are something which is normal to digital signatures i think the only difference

01:04:47between the both is digital signature certificate has more security compared with electronic signature

01:04:54certificates whereas there is no point of security with respect to electronic signature certificate

01:04:58actually it's like a very long back we did not get the amendment for this electronic signature

01:05:03certificate because we need to make different different uh updates like so any person who want to

01:05:09get this electronic signature certificate can apply to the certifying authority and they'll be issuing

01:05:14the signature certificate they have to pay a proper fee and they have also have to give a certification

01:05:20practice statement also saying that this is being properly done as per the regulation and on receipt of

01:05:25this application and checking all the inquiries or whatever it is if needed they'll go for making the

01:05:32inquiries and they will issue it or else they also may have the right to reject it and they have to record

01:05:39the reasons why they are actually rejecting it but once they go for rejection they have to give an opportunity

01:05:44to check for the reasons why they are going they have to give the rejection because they may give the reasons for

01:05:51that also then goes to the very important part part penalties and adjudication so as i told you in the

01:05:57earlier syllabus you had like a vast topic on information technology because penalties and adjudication

01:06:03were itself covering three or four pages now it's made very simple whenever we have any act that act

01:06:11whether civil or criminal may be focusing on the offenses but it may be in some cases dealing with civil

01:06:18liability or civil cases it may be sometimes dealing with criminal liability or criminal cases

01:06:23but here we may be discussing both a person who has made the offense may be

01:06:30dealing with civil case and also dealing with criminal sometimes both okay it's beautiful

01:06:35session i would say so from section 43 to 47 onwards we may go for adjudication not with respect

01:06:41to before all the posts but generally with respect to the cases as i said that the forest authority

01:06:48arrested the person because they cooked to the snake so wildlife conservation is there so it's not

01:06:55always before the post so they go for adjudication and also 43 speaks about the penalty and compensation

01:07:02when any damage is made to any computer or computer system and also 43 speaks that if a person without the

01:07:09permission of the owner whether with respect to computer or computer system or computer network

01:07:16tries to assess it probably you know what do you mean by assessing right so you find a big para here

01:07:21one is assessing or securing access to the system or second point trying to download or take copies or extract

01:07:29any data with respect to any database or information available in the computer computer system or computer

01:07:35network or third one introduces or causes any computer contaminant or virus to any computer or computer

01:07:45system or damages or causes to be damaged any computer or any computer system or whatever it is

01:07:51or disrupts or causes disruption denies or causes the denial to access it's like money i can use you

01:07:58cannot use no you don't have the right to say that right so every whenever the accessibility is given

01:08:03the accessibility is given in a common way so it's not any particular case at all it happens case to

01:08:08case and also providing any assistance with respect to any contravention see i'm an expert in hacking okay

01:08:15probably i may be an ethical hacker i will be an expert in hacking you are you are completely unethical you

01:08:21are taking my help and obviously if i do want help to you then i will not be ethical hacker try to get my

01:08:29point i will not be an ethical hacker because my intention may be ethical but because i have helped

01:08:35you is not ethical so uh they used to say like uh punishment so that's what they are trying to say

01:08:44so anyone who is helping or providing assistance in contracting the provisions also he may be facing

01:08:50the difficulty and with respect to any charges which may be abide with respect to account of any other

01:08:56person manipulation or tampering of any records or if the person destroys or deletes or alters any

01:09:02information steals conceals or destroy or alters or causes to do this when every way you may be

01:09:09connected and they are just defining what do you mean by computer contamination so it's modifying destroying

01:09:15recording or transferring data or whatever it is by any means to preserve the normal operation

01:09:22for the disturbance what do you mean by computer database is we have gone somewhat in danger with

01:09:27respect to any information that is stood information or knowledge of facts with respect to text message

01:09:33audio video it's very simple everything will be covered then computer virus yes it's not if it if

01:09:40something affects my performance in a negative way so that's what it calls virus and when you once it was

01:09:46asked it's a very rare question asked then it goes with damage what do you mean by damage so if you

01:09:51destroy alter delete add modify any rearrangement done what you call as damage continuing

01:10:00with respect to computer source code probably you may you might be very much aware of it so listing

01:10:04of programs or computer commands or whatever so if any failure is made by the service provider

01:10:14for not properly protecting the data or the service receiver who is not properly protecting the data

01:10:20then compensation has to be made this is very important so it's liable to the compensation or the

01:10:26damages so that may be applicable for the body corporate or there may be any other service agencies

01:10:32who are providing or they have to undergo for the security practices and procedures if they are not

01:10:37properly following it and also if they are sharing any sensitive personal data and information that also will be carried on so a person who is

01:10:46paying to provide information or paying to file the returns everything will be covered and there's a

01:10:51penalty which is mentioned for 10 000 rupees for every day please make this a huge penalty for one day

01:10:5710 000 rupees maximum of 10 000 rupees and sometimes a contribution of any rule also they go with respect to

01:11:03compensation of 25 000 rupees also and we have a person who is called as an adjudicating officer and this person is who

01:11:11has the authority to go for the proceedings probably this adjudicating officer may be uh defining the

01:11:19quantum of the compensation also with respect to any uh contribution committed with respect to the act

01:11:26when anybody gets unfair advantage or any loss is made or if it is deprecated just think that myself

01:11:35why and i am giving providing service to you next which means i'm a service provider okay i'm providing

01:11:43service to you next because of the service providing i just take some of your data okay i just store or i

01:11:54i just steal some of the data okay in that case i may be getting some unfair advantage okay you may be

01:12:02getting some unfair advantage or because of this uh data stolen you might be facing any loss or this

01:12:10is happening for many number of times depending on this points the quantum of compensation will be

01:12:16decided by the adjudicating officer if you find anything is there against from your side or if i think

01:12:25something is against by me then i go for appealing the case where i have a separate appellate tribunal

01:12:33so even telecom authorities also cover so we have telecom dispute settlement and appellate tribunal is

01:12:39here telecom regulatory authority is made available for this tribunal so government also given some

01:12:45notifications with respect to what type of appellate tribunal is available and under which cases

01:12:50they will be covered okay and also go with goes with some offenses with respect to section 65 to 78

01:12:56which is dealing completely with respect to computer and connected and one important section here is

01:13:02tampering tampering is somewhat you are altering you do it that is intentionally or not intentionally

01:13:10knowingly or intentionally or causing to make some alteration or destroying any computer source code or whatever

01:13:18it is then it will be punishable see this is a criminal see so far we are discussing with respect to civil

01:13:23liability compensation and damage this is the first case where we are going for the criminal side

01:13:28then you will be imprisoned maybe for three years and the extended liability may go with respect to fine

01:13:34for two lakh rupees also and other computer related offenses are here where any person dishonestly or

01:13:41fraudulently uh does any act with respect to section 43 what we are discussing earlier with respect to

01:13:47civil case is now merged with criminal cases which means that you may be given punishment up to three

01:13:52years and also up to five lakh rupees uh here they have listed the offenses which will be covered both other

01:13:59civil and criminal cases so here you find a big list and go for a little bit faster probably dishonestly

01:14:06receiving any stolen computer resource so identifying any theft cheating by personation any violation of

01:14:12the privacy concept so you know about uh some videos and all cyber terrorism and publishing or

01:14:20transmitting containing any sexually explicit matters in electronic form and with respect to depicting

01:14:26children in its sexually explicit matters in the presentation is also it's a very important point

01:14:31with respect to breach of confidentiality or privacy disclosure information with respect to

01:14:35lawful contract or any publication of electronic signatures falls in certain particulars or any

01:14:42publication with respect to fraudulent purpose all this is covered under the offices which are

01:14:46listed in the 43 which are both civil and criminal and also here they go with respect to a wider

01:14:52angle in discussing with respect to central government and state government how far the offices are

01:14:58taking special interest on this so i'm not dealing line by line on this i request you to go

01:15:04and this is very important provision where this act or this uh unicidal model laws applicable not only in

01:15:12india it's also applicable outside india so anybody so irrespective of nationality irrespective of

01:15:19nationality so anybody outside india is doing the same it is being transmitted or whatever it's stolen or

01:15:25whatever is happening in india also you will be punishable under this law and there is also a liability for the

01:15:32network service providers where the network service providers where the network service providers

01:15:36when they contravent or when they try to contravent the provision they also will be liable on our

01:15:42yes at one point they will be liable okay so we discussed here before that let me complete this

01:15:46para here this para they are talking who may be called as an intermediary so we have discussed this in

01:15:51detail with respect to telecom service providers they may be intermediary with respect to network service

01:15:55providers providers internal service providers and online market places and cyber cafes who on behalf

01:16:02of me or you they send the information or they send the electronic record or they receive the electronic

01:16:09report that may be with respect to storage or transmitter or whatever it is so usually the network service

01:16:16provider has to handle the matter so that he is not contravening any act to avoid such consequences no

01:16:25network service provider shall be liable please make a note here is quite important it's not like he does

01:16:33not get the liability at all he has to prove that is being done without his knowledge hope you get my point

01:16:42if this is done without his knowledge and this intermediary or the network service provider properly proves

01:16:49by his evidence that this is being done without his knowledge then he will not be liable else the liability

01:16:56will be there for the service provider also such a beautiful point yes as i told you this is a small

01:17:03act only so i am completing this act here you have any doubts or any trouble you can just raise your doubts here

01:17:12yes you find any problem you want me to clarify any of your doubts

01:17:31doubts in other topics probably i wind up in the session anybody has doubts in any other topics kindly

01:17:48don't disconnect yourself take the line so others if you have doubts you can post it here else you can

01:17:59yes we shall wind up the session accordingly okay thank you

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