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State of Cyber Law in India

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State of Cyber Law in India

  1. 1. Rohas Nagpal, Asian School of Cyber Laws
  2. 2.  Information Technology Act, 2000  Imprisonment upto 10 years  Compensation upto Rs 1 crore  Indian Penal Code, Evidence Act Code of Criminal Procedure
  3. 3.  Section 67 covers: • Publishing • Transmitting • Causing to be published  In respect of pornography in the electronic form  Baazee case
  4. 4.  Section 67 applies to: • SMS, • emails, • websites, • mp3 ??  Stringent punishment: • 5 years + 1 lakh fine • 10 years + 2 lakh fine
  5. 5.  Liability of receiver of pornography?  Is it a crime to watch pornography?  Is cyber café owner responsible?
  6. 6. Intention to cause wrongful loss or damage or Knowledge of the likelihood of wrongful loss or damage  AND   Destruction / deletion / alteration of information in a computer or diminishing value or utility of a computer resource or injuriously affecting a computer resource
  7. 7.  3 years jail and / or 2 lakh fine
  8. 8.  knowingly or intentionally conceals, destroys or alters  or intentionally or knowingly causes another to conceal, destroy or alter  any computer source code  required to be kept or maintained by law
  9. 9.  3 years jail and / or 2 lakh fine  Tata Indicom employees case
  10. 10.  Controller directs interception of electronic information • sovereignty / integrity / security of India, • friendly relations with foreign States • public order • preventing incitement to the commission of any cognizable offence  All facilities and technical assistance to decrypt the information are not offerred.
  11. 11.  7 years jail  Forgotten password (?)  Deleted private keys (?)  Unconstitutional (?)
  12. 12.  Save as otherwise provided by law  Police etc secured access to any electronic information  Discloses material without the consent of the person concerned
  13. 13.  2 years jail and / or Rs 1 lakh
  14. 14.  Unauthorised access  Unauthorized copying, downloading, extracting  Introducing computer worm / virus  Denial of service
  15. 15.  Facilitating unauthorized access  Computer fraud
  16. 16.  For investigation • Controller of Certifying Authorities • Deputy Superintendent of Police • CERT-IND  For adjudication • Adjudicating Officer • Cyber Appellate Tribunal • Criminal Courts
  17. 17.  Liability of Network Service Providers  Liability of Companies  Arrest without warrant  Search and seizure
  18. 18.  Email as evidence  Certificate u/s 65B of Indian Evidence Act  Bankers’ Books Evidence Act • Applicable to cheque bouncing cases also  Digital signatures as evidence
  19. 19. Rohas Nagpal, Asian School of Cyber Laws

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