The document discusses several key cyber laws in the US and India. In the US, the Computer Fraud and Abuse Act prohibits hacking and unauthorized computer access, with penalties ranging from 6 months to life imprisonment depending on the offense. The Wiretap Act prohibits illegal interception of electronic communications, punishable by up to 5 years imprisonment. Identity theft and access device fraud under the Identity Theft and Access Device statutes are punishable by up to 15-20 years imprisonment. Child pornography and misrepresentation offenses carry significant fines and imprisonment under various statutes. Corresponding laws in India establish similar prohibitions and penalties for related cyber crimes.

1. CYBER LAWS IN US

2. The Computer Fraud and Abuse Act of
1986 (CFAA)
• It comes under 18 U.S.C. Sec. 1030.
• CFAA was originally designed to protect computer systems operated
by the U.S. government and some financial institutions.
• The 2008 amendments made the following changes to section 1030:
 Expanded 18 U.S.C. § 1030(a)(7) to criminalize not only explicit threats
to cause damage to a computer, but also threats to
 (1) steal data on a victim's computer,
 (2) publicly disclose stolen data
 Created a criminal offense for conspiring to commit a computer
hacking offense under section 1030.
• It covers the case of Tampering with any computer source code
used for a computer, computer programme, computer system or
computer network (sec 65 in India).
• Hacking with computer system (sec 66 in India).
• Sending offensive or false information through computer or a
communicative device (sec 66A in India).
• Receiving or retaining stolen computer resource or communication
device.(sec 66B).

3. PUNISHMENT :
• Penalties for these kinds of crimes carry fines, penalties, and
prison sentences.
• Illegally accessing computers results in jail sentences from six month to
five years.
• Computer hacking or changing source code could result in prison for as
long as three years and/or a fine.
• Hacking a secure government information system carries penalties of
up to 10 years in prison and high fines.

4. Certain activities relating to
material constituting or containing child pornography
• It comes under 18 USC 2252 which makes it a federal offence to
knowingly receive child pornography. Child pornography is defined
as: "any visual depiction of "sexually explicit conduct" involving
children”.
• Criminal to be punished more than 25 years of imprisonment.
This is same as Publication and transmission of
containing sexually explicit act or conduct and child
pornography. (sec 67A and 67B in India )

5. Wiretap Act
• It comes under 18 U.S.C. Sec. 2511.
• This Act prohibits “any person,”
including a law enforcement officer,
from making an illegal interception or
disclosing or using illegally
intercepted material.
• This Act covers three different
offenses :
• Intercepting Communications
• Disclosing an Intercepted
Communication
• Using an Intercepted
Communication
PUNISHMENT :
Imprisonment of atmost five years.
Authorized fines are typically not
more than $250,000 for individuals
and $500,000 for an organization,
unless there is a substantial loss.
This can be considered as Penalty for Breach
of Confidentiality and Privacy defined in sec
72 in India.

6. Penalty For Misrepresentation
• It comes under 33 U.S. Code § 931.
Any claimant or representative of a claimant who knowingly and
willfully makes a false statement or representation for the purpose of
obtaining a benefit or payment shall be punished.
• Criminal shall be punished by a fine not to exceed $10,000, by
imprisonment not to exceed five years, or by both.
This is same as Penalty for Misrepresentation as defined
in sec 71 in India.

7. Network Crime Statutes
• These statutes all have their own penalties and fines depending
upon the circumstances under which the offense is committed.
• Unlawful Access to Stored Communications: 18 U.S.C. Sec. 2701
• Identity Theft: 18 U.S.C. Sec. 1028
• Access Device Fraud: 18 U.S.C. Sec. 1029
• CAN-SPAM Act

8. Unlawful Access to Stored
Communications
• It comes under 18 U.S.C. Sec. 2701 .
• According to this Act whoever –
(A) Intentionally accesses without authorization a facility
through which an electronic communication service is
provided; or
(B) Intentionally exceeds an authorization to access that
facility; and thereby obtains, alters, or prevents
authorized access to a wire or electronic
communication while it is in electronic storage shall be
punished as provided in subsection (b) of this
section.

9. Punishment :
• If the offense is committed for purposes of commercial
advantage, malicious destruction or damage, or private
commercial gain, a fine under this title or imprisonment
for not more than 5 years.
• In any other case—
(A) A fine under this title or imprisonment for not
more than 1 year or both, in the case of a first
offense under this paragraph.
(B) A fine under this title or imprisonment for not
more than 5 years, or both, in the case of an
offense under this subparagraph that occurs after
a conviction of another offense under this section.

10. Identity Theft:
• It comes under 18 U.S.C. Sec. 1028.
• According to this, Whoever,
(1) knowingly and without lawful authority
produces an identification document,
authentication feature, or a false
identification document.
(2) knowingly transfers or possesses an
authentication feature, or a false
identification document knowing that
such document or feature was stolen
or produced without lawful authority
or feature be used to defraud the
United States, shall be punished as
provided in subsection (b) of this
section.
PUNISHMENT:
Criminal could be imprisoned upto
15 years!!
This is same as Identity theft
defined in sec 66C in India.

11. Access Device Fraud:
• It comes under 18 U.S.C. Sec. 1029.
• Whoever—
(1) knowingly and with intent to
defraud produces, uses, or traffics in
one or more counterfeit access
devices;
(2) without the authorization of the
credit card system member or its
agent, knowingly and with intent to
defraud causes, for payment, 1 or
more evidences or records of
transactions made by an access
device; shall be punished.
PUNISHMENT:
• Criminal could be imprisoned
upto 15 years!!
• If Crime occurred again then
imprisonment could be 20 years !!.

12. CAN-SPAM Act
• It comes under : 18 U.S.C. Sec. 1037.
• Whoever knowingly—
(1) accesses a protected computer without
authorization, and intentionally initiates the
transmission of multiple commercial
electronic mail messages from or through
such computer,
(2) materially falsifies header information in
multiple commercial electronic mail messages
and intentionally initiates the transmission of
such messages, should be punished.
PUNISHMENT:
• Criminal could be
imprisoned between 3-5
years.

13. CYBER CRIME INDIA US
Hacking with computer
system
imprisonment up to three
years, or
with fine which may extend up
to five lakh rupees, or with
both
Imprisonment upto three years
and/or a fine.
Child pornography seven years and fine up to ten
lakh rupees.
More than 25 years of
imprisonment.
Penalty for Misrepresentation Imprisonment upto two years,
or with fine upto one lakh
rupees, or with both
A fine upto exceed $10,000, and
imprisonment upto five years.
Identity Theft Imprisonment up to three
years and fine up to one lakh
or with both.
Imprisonment upto 15 years.
Penalty for Breach of
Confidentiality and Privacy
Imprisonment upto two years,
or with fine upto one lakh
rupees, or with both.
Imprisonment upto five years. Fine
upto $250,000

14. References :
• https://www.johntfloyd.com/guide-cyber-crime-laws/
• http://searchcompliance.techtarget.com/definition/The-
Computer-Fraud-and-Abuse-Act-CFAA
• https://www.law.cornell.edu/uscode/text/18/2701
• https://www.law.cornell.edu/uscode/text/18/1028
• https://www.law.cornell.edu/uscode/text/18/1037