File Name: history and development of information technology law in india .zip
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- Information Technology Act, 2000
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Information Technology Act, 2000
A cybersecurity regulation comprises directives that safeguard information technology and computer systems with the purpose of forcing companies and organizations to protect their systems and information from cyberattacks like viruses , worms , Trojan horses , phishing , denial of service DOS attacks , unauthorized access stealing intellectual property or confidential information and control system attacks.
Cybersecurity measures include firewalls , anti-virus software , intrusion detection and prevention systems, encryption , and login passwords. In the DoD released a guidance called the Department of Defense Strategy for Operating in Cyberspace which articulated five goals: to treat cyberspace as an operational domain, to employ new defensive concepts to protect DoD networks and systems, to partner with other agencies and the private sector in pursuit of a "whole-of-government cybersecurity Strategy", to work with international allies in support of collective cybersecurity and to support the development of a cyber workforce capable of rapid technological innovation.
As of systems protecting critical infrastructure, called cyber critical infrastructure protection of cyber CIP have also been included. In November , the DoD put forward the new cybersecurity rule 78 Fed. A June Congressional report found there were over 50 statutes relevant to cybersecurity compliance. There are few federal cybersecurity regulations, and the ones that exist focus on specific industries.
The three regulations mandate that healthcare organizations, financial institutions and federal agencies should protect their systems and information. The vague language of these regulations leaves much room for interpretation. Bruce Schneier , the founder of Cupertino's Counterpane Internet Security, argues that companies will not make sufficient investments in cybersecurity unless government forces them to do so. It has been suggested that the Data Quality Act already provides the Office of Management and Budget the statutory authority to implement critical infrastructure protection regulations by the Administrative Procedure Act rulemaking process.
The idea has not been fully vetted and would require additional legal analysis before a rulemaking could begin. State governments have attempted to improve cybersecurity by increasing public visibility of firms with weak security.
In , California passed the Notice of Security Breach Act, which requires that any company that maintains personal information of California citizens and has a security breach must disclose the details of the event.
Personal information includes name, social security number , driver's license number, credit card number or financial information. Also, the regulation creates an incentive for companies to voluntarily invest in cybersecurity to avoid the potential loss of reputation and the resulting economic loss that can come from a successful cyber attack.
In , the California State Legislature passed California Assembly Bill , which also applies to businesses that own or maintain personal information for California residents. The regulation dictates for businesses to maintain a reasonable level of security and that they required security practices also extend to business partners.
However, like the federal legislation, it requires a "reasonable" level of cybersecurity, which leaves much room for interpretation until case law is established. The US Congress has proposed numerous bills that expand upon cybersecurity regulation. Congressmen have also proposed "expanding Gramm-Leach-Bliley to all industries that touch consumer financial information, including any firm that accepts payment by a credit card. The Information Protection and Security Act requires that data brokers "ensure data accuracy and confidentiality, authenticate and track users, detect and prevent unauthorized activity, and mitigate potential harm to individuals.
In addition to requiring companies to improve cybersecurity, Congress is also considering bills that criminalize cyberattacks. On May 12, , US Barack Obama proposed a package of cybersecurity legislative reforms to improve the security of US persons, the federal government, and critical infrastructure. A year of public debate and Congress hearings followed, resulting in the House of Representative passing an information sharing bill and the Senate developing a compromise bill seeking to balance national security, privacy, and business interests.
Brennan , the chief counterterrorism adviser to the White House. It represents the latest iteration of policy but is not considered to be law as it has not been addressed by Congress yet. It seeks to improve existing public-private partnerships by enhancing timeliness of information flow between DHS and critical infrastructure companies.
It directs federal agencies to share cyber threat intelligence warnings to any private sector entity identified as a target. It also tasks DHS with improving the process to expedite security clearance processes for applicable public and private sector entities to enable the federal government to share this information at the appropriate sensitive and classified levels. It directs the development of a framework to reduce cyber risks, incorporating current industry best practices and voluntary standards.
Lastly, it tasks the federal agencies involved with incorporating privacy and civil liberties protections in line with Fair Information Practice Principles. In January , Obama announced a new cybersecurity legislative proposal.
The proposal was made in an effort to prepare the US from the expanding number of cyber crimes. In the proposal, Obama outlined three main efforts to work towards a more secure cyberspace for the US. The first main effort emphasized the importance of enabling cybersecurity information sharing. By enabling that, the proposal encouraged information sharing between the government and the private sector.
That would allow the government to know what main cyber threats private firms are facing and would then allow the government to provide liability protection to those firms that shared their information.
Furthermore, that would give the government a better idea of what the US needs to be protected against. Another main effort that was emphasized in this proposal was to modernize the law enforcement authorities to make them more equipped to properly deal with cyber crimes by giving them the tools they need in order to do so.
It would also update classifications of cyber crimes and consequences. One way this would be done would be by making it a crime for overseas selling of financial information. Another goal of the effort is to place cyber crimes prosecutable. The last major effort of the legislative proposal was to require businesses to report data breaching to consumers if their personal information had been sacrificed.
By requiring companies to do so, consumers are aware of when they are in danger of identity theft. The plan was made to create long-term actions and strategies in an effort to protect the US against cyber threats. The focus of the plan was to inform the public about the growing threat of cyber crimes, improve cybersecurity protections, protects personal information of Americans, and to inform Americans on how to control digital security.
One of the highlights of this plan include creating a "Commission on Enhancing National Cybersecurity. The second highlight of the plan is to change Government IT. The third highlight of the plan is to give Americans knowledge on how they can secure their online accounts and avoid theft of their personal information through multi-factor authentication. In addition to regulation, the federal government has tried to improve cybersecurity by allocating more resources to research and collaborating with the private sector to write standards.
In the United States, the US Congress is trying to make information more transparent after the Cyber Security Act of , which would have created voluntary standards for protecting vital infrastructure, failed to pass through the Senate. In the light of the hacking of the website of the Indian Space Agency 's commercial arm in , Antrix Corporation and government's Digital India programme, a cyberlaw expert and advocate at the Supreme Court of India , Pavan Duggal, stated that "a dedicated cyber security legislation as a key requirement for India.
It is not sufficient to merely put cyber security as a part of the IT Act. We have to see cyber security not only from the sectoral perspective, but also from the national perspective. Cybersecurity standards have been of great prominence in today's technology driven businesses. To maximize their profits, corporations leverage technology by running most of their operations by the internet. Since there are a large number of risks that entail internetwork operations, such operations must be protected by comprehensive and extensive regulations.
Existing cybersecurity regulations all cover different aspects of business operations and often vary by region or country in which a business operates. Because of the differences in a country's society, infrastructure, and values, one overarching cyber security standard is not optimal for decreasing risks.
While US standards provide a basis for operations, the European Union has created a more tailored regulation for businesses operating specifically within the EU. Also, in light of Brexit , it is important to consider how the UK has chosen to adhere to such security regulations. They are part of the Digital Single Market strategy.
The focus of their operations are on three factors:. Most operations, however, are run by the heads of various departments. ENISA has released various publications that cover all major issues on cybersecurity. The directive went into effect in August , and all member states of the European Union were given 21 months to incorporate the directive's regulations into their own national laws.
Operators of essential services include any organizations whose operations would be greatly affected in the case of a security breach if they engage in critical societal or economic activities. Such resources are given the responsibility of handling cybersecurity breaches in a way that minimizes impact. In addition, all member states of the EU are encouraged to share cyber security information. Security requirements include technical measures that manage the risks of cybersecurity breaches in a preventative manner.
Both DSP and OES must provide information that allows for an in depth assessment of their information systems and security policies. Significant cybersecurity incidents are determined by the number of users affected by the security breach as well as the longevity of the incident and the geographical reach of the incident.
The EU Cybersecurity Act establishes an EU-wide cybersecurity certification framework for digital products, services and processes. It complements the NIS Directive.
ENISA will have a key role in setting up and maintaining the European cybersecurity certification framework. Changes include the redefining of geographical borders. It applies to entities that operate in the EU or deal with the data of any resident of the EU. Regardless of where the data is processed, if an EU citizen's data is being processed, the entity is now subject to the GDPR.
Consent plays a major role in the GDPR. Companies that hold data in regards to EU citizens must now also offer to them the right to back out of sharing data just as easily as when they consented to sharing data. In addition, citizens can also restrict processing of the data stored on them and can choose to allow companies to store their data but not process it, which creates a clear differentiation.
Unlike previous regulations, the GDPR also restricts the transfer of a citizen's data outside of the EU or to a third party without a citizen's prior consent.
The proposed ePrivacy Regulation is also planned to be applicable from 25 May While experts agree that cybersecurity improvements are necessary, there is disagreement about whether the solution is more government regulation or more private-sector innovation.
Many government officials and cybersecurity experts believe that the private sector has failed to solve the cybersecurity problem and that regulation is needed. Richard Clarke states that "industry only responds when you threaten regulation. If industry does not respond [to the threat], you have to follow through. On the other hand, many private-sector executives and lobbyists believe that more regulation will restrict their ability to improve cybersecurity.
Harris Miller, a lobbyist and president of the Information Technology Association of America , believes that regulation inhibits innovation. He states that "the private-sector must continue to be able to innovate and adapt in response to new attack methods in cyber space, and toward that end, we commend President Bush and the Congress for exercising regulatory restraint.
Another reason many private-sector executives oppose regulation is that it is costly and involves government oversight in private enterprise. Firms are just as concerned about regulation reducing profits as they are about regulation limiting their flexibility to solve the cybersecurity problem efficiently. From Wikipedia, the free encyclopedia. The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject.
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Main article: General Data Protection Regulation. Emerging Policy and Practice Issues
History Of Psychiatry Ppt
It is the primary law in India dealing with cybercrime and electronic commerce. The bill was passed in the budget session of and signed by President K. Narayanan on 9 May The bill was finalised by a group of officials headed by then Minister of Information Technology Pramod Mahajan. The original Act contained 94 sections, divided into 13 chapters and 4 schedules.
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the Indian Parliament passed the Information Technology Bill. The Bill %%20%28amendment%pdf refer if you want to read whole act. IT Aims.
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The British Journal of Psychiatry. My assignment was to discuss the history of forensic psychiatry, but I face two serious constraints. Alexander Von Hafften, M. Shortly thereafter, Hamon et al.