Electronic Signature

• Section 2(ta) introduces the term ‘electronic signature’. Now ‘digital signature’ has been made a subset of ‘electronic signature’. In the definition of ‘electronic signature’ it has been given that it includes ‘digital signature’.
• Section 3A has been introduced for electronic signature which says that a subscriber may authenticate electronic records by electronic signature. The authentication was earlier possible only by digital signature.
• Section 2(tb) has been introduced to define the term ‘electronic signature certificate’. Now ‘digital signature certificate’ has been made a subset of ‘electronic signature certificate’.

Cyber Appellate Tribunal

• The name of Cyber Regulations Appellate Tribunal has been changed to Cyber Appellate Tribunal.
• Cyber Appellate Tribunal has been made a multi-member entity. This will provide for more expertise for the Tribunal.

Intermediary

• Definition of ‘intermediary’ has been modified. As per the amendments in various sections now intermediaries are made more responsible and liable towards their acts. New Section 67C asks intermediaries to preserve and retain certain records for a stated period. New Section 69B is also quite stringent to intermediaries.

For e-governance

• Section 6A introduced to provide for appointment of Service Providers by appropriate government for e-governance services.
• Section 7A makes audit of electronic documents mandatory wherever physical documents, records required audit. This provision will put considerable work load on the government.

Offences

• New sections have been introduced to cover new offences.
  Section 66A – Sending offensive messages
  Section 66B – Receiving a stolen computer resource
  Section 66C – Identity theft
  Section 66D – Cheating by personation
  Section 66E – Violation of privacy, video voyeurism
  Section 66F – Cyber Terrorism (Life Sentence)
• New Sections introduced -
  Section 67A – To cover material containing ‘sexually explicit act’
  Section 67B – To cover child pornography
  Section 67C – To make intermediaries preserve and retain certain records for a stated period. (Imprisonment 3 years and fine.)

For National Security Purpose

• Section 69A has been introduced to enable blocking of websites by the central government.
• Section 69B provides powers to central government to collect traffic data from any computer resource. It could be either in transit or in storage. This move by the government was necessary for national security purpose but it may lead to abuse of power by government.

Other Important Amendments

• Section 1(4) in the Information Technology Act, 2000 contained a list of documents which were excluded from the applicability of the act. The list has now been moved to Schedule 1 of the ITAA 2008. This move can be considered as a procedural simplification made by the amendment. A notification will be required to make additions or deletions to this list. Every notification issued in this regard shall be laid before each House of Parliament.
• Some more new definitions added – ‘communication device’, ‘cyber café’, ‘cyber security’.
• Compensation limit has been removed from Section 43.
• Section 43A introduced to make body corporate liable to pay damages by way of compensation for failure to protect sensitive personal data or information. No limit has been set for compensation.
• Changes in Section 46 have brought Civil Court below the High Court into the cyber related disputes for the first time. The powers of the Adjudicator has been limited for claims upto Rs 5 crores. For claims above Rs 5 crores Civil Court’s authority has been introduced.
• In Section 66 ‘dishonesty’ and ‘fraudulent’ intention has been made necessary.
• Section 72A has been introduced for data protection purpose. It provides for punishment for disclosure of information in breach of lawful contract. Imprisonment of 3 years or fine upto Rs 5 lakhs or both for cases relating to data breach has been provided.
• Section 77A introduced to provide for compounding of offences with punishment upto 3 years.
• The powers under Section 80 were earlier available to DSP is now available to Inspectors.
• Section 81 has been amended to keep the primacy of Copyright and Patent Acts above ITA 2000.
• New Section 84C introduced to make ‘an attempt to commit an offence’ punishable. The punishment will be half of the punishment meant for the offence.
• State Governments will be exercising far more powers under the ITAA 2008 than what was envisaged under ITA 2000.