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Information
Communication
Technology (ICT) ACT
Presented by: Group 07
Jahid Khan Rahat (Leader ) 2123021047
MD. Muniruzzaman 2123021043
Tonmoy Paul 2123021045
MD. Muzammel Haque 2123021041
MD. Shahajalal Mia 2123021049
1. Information & Communication Technology (ICT)
2. Law & Act
3. Information Technology Act – 2006
4. Reasons for coming into existence of ICT Act-2006
5. Objectives of ICT Act – 2006
6. Advantages of ICT Act – 2006
7. Structure of ICT Act – 2006
8. Key terms ICT Act – 2006
9. Salient features ICT Act – 2006
10. Possible Cyber Crimes
11. Chapters of ICT Act – 2006
12. Few detailed definitions of terms used in ICT Act – 2006
13. Important sections & ICT Act - 2006
14. Offences & Punishments under ICT Act- 2006
15. Conclusion of ICT Act – 2006
16. Amended ICT Act – 2006
17. Impact of ICT Act – 2006
18. Case studies on ICT Act -2006
19. Suggestions in the existing ICT Act -2006
20. Q&A Session
AGENDA
INFORMATION & COMMUNICATION TECH.
● Accumulating information using
computing devices connected by some
communication media
● Use of technology for:
● Computing;
● Storage;
● Retrieval; and
● Meaningful dissemination of information
● Communication through:
● Wired
● Wireless
LAW AND ACT?
• Law is a system of rules,
• Usually enforced through a set of institutions &
it shapes in:
• Houses; and
• Society in numerous ways.
• Serves as the foremost social mediator in
relations between people.
• Law is supported by act which is thereafter by
rules
• To maintain Law-and-Order in any sector, Law,
Act & Rules are obligatory
INFORMATION & COMMUNICATION TECHNOLOGY ACT
● The ICT Act, 2006 was enacted with a view:
- To give a growth of electronic based transactions
- To provide legal recognition for e-commerce and e-transactions
- To facilitate e-governance,
- To prevent computer-based crimes & ensure security practices,
- To recognition of electronic documents & digital signatures
REASONS FOR COMING INTO EXISTENCE ICT ACT
There is numerous reasons:
• Extensive use of computers in banking & financial transactions
• Wide use of social media platforms
• All companies keeping their records in digital form
• Electronically filing of forms for any application
• Exponential use of plastic/digital money for shopping
• Communication via Email, SMS etc.
• Purchasing of products thru E-commerce platforms
• Frequent use of Digital signatures
• Pornography, viewing & creating obnoxious contents
OBJECTIVES OF ICT ACT 2006
 To provide legal recognition for transactions:
 Carried out by means of electronic data interchange (EDI), and other means of
electronic communication, commonly referred to as "electronic commerce“.
 To facilitate electronic filing of documents with Government agencies and E-
Payments.
 The Act also provides for the constitution of the Cyber
 Regulations Advisory Committee, which shall advice the government as regards
any rules, or for any other purpose connected with the said act.
ADVANTAGES OF ICT ACT
• Helpful to promote e-commerce
• Enhance the corporate business through ICT
• High penalty for cyber crime
• Filling online forms
• Secure e-Transactions
• Record authentication
• Site legitimacy
• E-Record keeping
.
STRUCTURE OF ICT ACT~2006:
Chapters
9
Sections
90
KEY TERMS OF ICT~2006:
• EDI, EFT, E-Commerce
• Digital Signature & Secured Electronic records
• Electronic Documents, filing, storing and retrieval
• Certifying authorities issuing DSC, SSL etc.
• Penalties and adjudication
• Cyber regulations appellate tribunal
• Offences & Penalty
• E-Governance
• Encryption & Decryption
• Computer Source Code
• Cyber Terrorism
BRIEF SALIENT FEATURES OF ICT ACT~2006:
• The Act provides legal recognition to e-commerce, which
facilitates commercial e transactions
• It recognizes records kept in electronic form like any other
documentary record
• The Act also provides legal recognition to digital signatures
• Cyber Law Appellate tribunal has been set up to hear appeal
against adjudicating authorities
• The Act applies to any cyber offence or contravention
Case Example (Mphasis BPO Fraud 2005 )
Section 43 – Penalty and Compensation for damage to computer,
computer system, etc
Where a body corporate, possessing, dealing or handling any
sensitive personal data or information in a computer resource
which it owns, controls or operates, is negligent in implementing
and maintaining reasonable security practices and procedures and
thereby causes wrongful loss or wrongful gain to any person, such
body corporate shall be liable to pay damages by way of
compensation, not exceeding five crore rupees, to the person so
affected.
Case Example (Mphasis BPO Fraud 2005 )
In December 2004, four call centre employees, working at an
outsourcing facility operated by MphasiS in India, obtained PIN
codes from four customers of MphasiS’ client, Citi Group. These
employees were not authorized to obtain the PINs. In association
with others, the call centre employees opened new accounts at
Indian banks using false identities. Within two months, they used
the PINs and account information gleaned during their employment
at MphasiS to transfer money from the bank accounts of CitiGroup
customers to the new accounts at Indian banks.
Case Example (Mphasis BPO Fraud 2005 )
Judgment:
Court held that Section 43(a) was
applicable here due to the nature of
unauthorized access involved to commit
transactions. • Many of the accused have
been charged under section 67 of the IT
Act,2000 and Indian Penal Code Sections
420(cheating), 465, 467 and 671 (forgery)
besides other sections.
• The Computer as a Target
• The Computer as a Weapon
• Unauthorized access & Hacking
• Trojan Attack
• Virus and Worm attack
• E-mail related crimes
• Denial of Service attacks
Possible Cyber Crimes:
Related Facts with IT Act-2006:
• Computer
• Computer network
• Data
• Electronic record
• Secure system
• Certifying Authority
• Cyber Appellate Tribunal
• Electronic Gazette
• Act
• Agent
• Application
• Legal practitioner
• Section
• Digital signature
• Electronic form
Bomb Hoax Mail
In an email hoax, sent by a 15-year-old boy from Bangalore, the
Cyber Crime Investigation Cell (CCIC) arrested him in 2009. The boy
was accused of sending an email to a private news company saying,
“I have planted 5 bombs in Mumbai, you have two hours to find
them”. The concerned authorities were contacted immediately, in
relation to the cyber case in India, who traced the IP address
(Internet Protocol) to Bangalore.
Important
Sections of The
ICT Act,2006
Inspector level police officer has the right to
investigate these cases under the ICT Act, section 78:
•Section 65 - Trying to tamper with computer resources
•Section 66 - Trying to hack into the data stored in the
computer
•Section 66B - Provision of penalties for misappropriation
of information stolen from computer or any other
electronic gadget
•Section 66C - Provision of penalties for stealing
someone’s identity
•Section 66D - Provision of penalties for access to
personal data of someone with the help of computer by
concealing their identity
Section 66E - Provision of penalties for breach of privacy
Section 66F - Provision of penalties for cyber terrorism
•Section 67 - Provisions related to the publication of
offensive information
•Section 67A - Provision of penalties for publishing or
circulating sex or pornographic information through
electronic means
•Section 67B - Publication or broadcast of such
objectionable material from electronic means, in which
children are shown in obscene mode
•Section 67C - Provision of penalties for disrupting or
blocking information by mediators
•Section 70 - Provision for making objectionable access
to a secured computer
Section 71 - Delivering data or data incorrectly
Section 72 - Provisions related to mutual trust and
privacy
•Section 72A - The provisions relating to making public
the information violation of the terms of the Protocol
•Section 73 - Publication of electronic signature
certificate falls in certain particulars.
Offences & Punishments under ICT Act, 2006
Section Contents Imprisonment
Up to
Fine
43 Damage to Computer, Computer system etc Not Defined Up to 1 Cr to the
affected party
44A For falling to furnish any document, return on report to the
Controller or the Certifying authority
Not Defined <=1.5 Lakhs per
failure
44B For falling to file any return or furnish any information or
other document within the prescribed time.
Not Defined <=5000
per day per failure
44C For not maintaining books of account or records. Not Defined <=10000 per day per
failure
45 Offences for which no penalty is separately provided Not Defined >=25000 to the
affected party
Offences & Punishments under ICT Act, 2006
Section Contents Imprisonment
Up to
Fine
67A Publishing or transmitting material containing Sexually Explicit Act -
1st time & Subsequently
5 years and
7 years and
10,00,000
10,00,000
67B Publishing or transmitting material containing Children in
Sexually Explicit Act - 1st time Subsequent
5 years and
7 years and
10,00,000
10,00,000
67C Contravention of Retention or preservation of information by
intermediaries
3 years and Not Defined
68 Controller’s directions to certifying Authorities or any
employee's failure to comply knowingly or intentionally
2 years
or/and
1,00,000
69 Failure to comply with directions for Intercepting,
monitoring or decryption of any info transmitted through
any computer system/network
7 Years
and
Not
Defined
Offences & Punishments under ICT Act, 2006
Section Contents Imprisonment
Up to
Fine
69A Failure to comply with directions for Blocking for Public Access of
any information through computer
7 years and Not Defined
69B Failure to comply with directions to Monitor and Collect
Traffic Data
3 years and Not Defined
70 Protected system. Any unauthorized access to such system 10 years
and
Not
Defined
70B (7)
Failure to provide information called for by the *I.C.E.R.T
or comply with directions
1 years or 1,00,000
71 Penalty for Misrepresentation or suppressing any
material fact
2 Years
or/and
1,00,000
Offences & Punishments under ICT Act, 2006
Section Contents Imprisonment
Up to
Fine
72A Punishment for Disclosure of information in breach of lawful
contract
3 years or/
and
5,00,000
73 Penalty for publishing False DSC 2 years or/
And
1,00,000
74 Fraudulent Publication 2 years or/
And
1,00,000
Case-03
Suhas Katti v. Tamil Nadu was the first case in India where a conviction was
handed down in connection with the posting of obscene messages on the
internet under the controversial section 67 of the ICT Act, 2006.
The case was filed in February 2004 and In a short span of about seven months
from the filing of the FIR, the Chennai Cyber Crime Cell achieved the
conviction. In the case, a woman complained to the police about a man who was
sending her obscene, defamatory and annoying messages in a Yahoo message
group. The accused also forwarded emails received in a fake account opened by
him in the victim's name. The victim also received phone calls by people who
believed she was soliciting for sex work.
Decision
Findings
the accused guilty of offences under section 67 of ICT
Act 2006
He was sentenced to rigorous imprisonment for 2
years under and to pay a fine of BDT.500/-, one-year
simple imprisonment and BDT 500 fine.
• Introducing Digital Signatures:
•With the passage of the ICT (Amendment) Act,2006 BD has
become technologically neutral due to adoption of electronic
signatures as a legally valid mode of executing signatures.
•Introducing Corporate Responsibility (Sec. 43A):
•Corporate bodies handling sensitive personal information or data
in a computer resource are under an obligation to ensure
adoption of ‘reasonable security practices’ to maintain its secrecy,
failing which they may be liable to pay damages/compensation.
•Analysis of the Amended Sec. 43:
•The amended Act provides the distinction between
‘contravention’ and ‘offence’ (section 43 for contraventions and
section 66 of the Act for offences). As per the Amendment Act,
2006, there is no ceiling limit for compensation under section 43
which was one crore rupees in the ICT Act.
Amended IT Act-2006
Tonmoy Paul ; ID: 45
• Update on Cyber crime prosecution:
•Section 67 talks about conviction for imprisonment for a term not exceeding 2 years or fine not
exceeding one lac or both for not preserving information.
• Blocking unlawful websites:
•Section 69A has been inserted in the ICT amendments 2006 and gives power to Central government
or any authorized officer to direct any agency or intermediary(for reasons recorded in writing ) to block
websites in special circumstances as applicable in Section 69 and its punishable offences.
• Electronic Evidence Examiner:
•With amendments in 2006, Section 79 A is added that empowers the Central government to appoint
any department or agency of Central or State government as Examiner of Electronic Evidence.
•Penalty And Compensation for the Damage to Computer, System and other related devices
Amended ICT ACT-2006
Tonmoy Paul ; ID: 45
Impact Of ICT Act-2006
.
• Penalty and Compensation for the Damage to Computer, System and other
related devices .
• Electronic commerce using the legal infrastructure provided by the Act .
• Companies digital signatures to carry out their transactions online .
• Secure access of computer or web resources .
• No identity theft, privacy, hacking, cyber frauds are allowed .
• Downloaded copies are valid and legally accepted .
• Denial of services is not allowed .
Tonmoy Paul ; ID: 45
Case Study
Kumar v/s Whiteley. In this case the accused gained unauthorized access to the Joint
Academic Network (JANET) and deleted, added files and changed the passwords to
deny access to the authorized users. Investigations had revealed that Kumar was
logging on to the BSNL broadband Internet connection as if he was the authorized
genuine user and ‘made alteration in the computer database pertaining to broadband
Internet user accounts’ of the subscribers. N G Arun Kumar, the techie from
Bangalore to undergo a rigorous imprisonment for one year with a fine of Rs 5,000
under section 420 IPC (cheating) and Section 66 of ICT Act (Computer related
Offense).
Decision: The Additional Chief Metropolitan Magistrate, the techie from Bangalore to
undergo a rigorous imprisonment for one year with a fine of Rs 5,000 under section 420 IPC
(cheating) and section 66 of IT Act (Computer related offence).
Tonmoy Paul ; ID: 45
Suggestion in The Existing IT ACT
The Act not only addresses issues related to electronic commerce
by providing a framework for the establishment of a Public Key
Infrastructure in the country, but it also addresses the issues of
cyber crime and admissibility of digital evidence through the
various provisions incorporated within the Act in itself and by way
of amendments in other statutes.
Tonmoy Paul ; ID: 45
Thank You
Have you any question?

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INFORMATION Communication Technology (ICT) ACT

  • 1. Information Communication Technology (ICT) ACT Presented by: Group 07 Jahid Khan Rahat (Leader ) 2123021047 MD. Muniruzzaman 2123021043 Tonmoy Paul 2123021045 MD. Muzammel Haque 2123021041 MD. Shahajalal Mia 2123021049
  • 2. 1. Information & Communication Technology (ICT) 2. Law & Act 3. Information Technology Act – 2006 4. Reasons for coming into existence of ICT Act-2006 5. Objectives of ICT Act – 2006 6. Advantages of ICT Act – 2006 7. Structure of ICT Act – 2006 8. Key terms ICT Act – 2006 9. Salient features ICT Act – 2006 10. Possible Cyber Crimes 11. Chapters of ICT Act – 2006 12. Few detailed definitions of terms used in ICT Act – 2006 13. Important sections & ICT Act - 2006 14. Offences & Punishments under ICT Act- 2006 15. Conclusion of ICT Act – 2006 16. Amended ICT Act – 2006 17. Impact of ICT Act – 2006 18. Case studies on ICT Act -2006 19. Suggestions in the existing ICT Act -2006 20. Q&A Session AGENDA
  • 3. INFORMATION & COMMUNICATION TECH. ● Accumulating information using computing devices connected by some communication media ● Use of technology for: ● Computing; ● Storage; ● Retrieval; and ● Meaningful dissemination of information ● Communication through: ● Wired ● Wireless
  • 4. LAW AND ACT? • Law is a system of rules, • Usually enforced through a set of institutions & it shapes in: • Houses; and • Society in numerous ways. • Serves as the foremost social mediator in relations between people. • Law is supported by act which is thereafter by rules • To maintain Law-and-Order in any sector, Law, Act & Rules are obligatory
  • 5. INFORMATION & COMMUNICATION TECHNOLOGY ACT ● The ICT Act, 2006 was enacted with a view: - To give a growth of electronic based transactions - To provide legal recognition for e-commerce and e-transactions - To facilitate e-governance, - To prevent computer-based crimes & ensure security practices, - To recognition of electronic documents & digital signatures
  • 6. REASONS FOR COMING INTO EXISTENCE ICT ACT There is numerous reasons: • Extensive use of computers in banking & financial transactions • Wide use of social media platforms • All companies keeping their records in digital form • Electronically filing of forms for any application • Exponential use of plastic/digital money for shopping • Communication via Email, SMS etc. • Purchasing of products thru E-commerce platforms • Frequent use of Digital signatures • Pornography, viewing & creating obnoxious contents
  • 7. OBJECTIVES OF ICT ACT 2006  To provide legal recognition for transactions:  Carried out by means of electronic data interchange (EDI), and other means of electronic communication, commonly referred to as "electronic commerce“.  To facilitate electronic filing of documents with Government agencies and E- Payments.  The Act also provides for the constitution of the Cyber  Regulations Advisory Committee, which shall advice the government as regards any rules, or for any other purpose connected with the said act.
  • 8. ADVANTAGES OF ICT ACT • Helpful to promote e-commerce • Enhance the corporate business through ICT • High penalty for cyber crime • Filling online forms • Secure e-Transactions • Record authentication • Site legitimacy • E-Record keeping .
  • 9. STRUCTURE OF ICT ACT~2006: Chapters 9 Sections 90
  • 10. KEY TERMS OF ICT~2006: • EDI, EFT, E-Commerce • Digital Signature & Secured Electronic records • Electronic Documents, filing, storing and retrieval • Certifying authorities issuing DSC, SSL etc. • Penalties and adjudication • Cyber regulations appellate tribunal • Offences & Penalty • E-Governance • Encryption & Decryption • Computer Source Code • Cyber Terrorism
  • 11. BRIEF SALIENT FEATURES OF ICT ACT~2006: • The Act provides legal recognition to e-commerce, which facilitates commercial e transactions • It recognizes records kept in electronic form like any other documentary record • The Act also provides legal recognition to digital signatures • Cyber Law Appellate tribunal has been set up to hear appeal against adjudicating authorities • The Act applies to any cyber offence or contravention
  • 12. Case Example (Mphasis BPO Fraud 2005 ) Section 43 – Penalty and Compensation for damage to computer, computer system, etc Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected.
  • 13. Case Example (Mphasis BPO Fraud 2005 ) In December 2004, four call centre employees, working at an outsourcing facility operated by MphasiS in India, obtained PIN codes from four customers of MphasiS’ client, Citi Group. These employees were not authorized to obtain the PINs. In association with others, the call centre employees opened new accounts at Indian banks using false identities. Within two months, they used the PINs and account information gleaned during their employment at MphasiS to transfer money from the bank accounts of CitiGroup customers to the new accounts at Indian banks.
  • 14. Case Example (Mphasis BPO Fraud 2005 ) Judgment: Court held that Section 43(a) was applicable here due to the nature of unauthorized access involved to commit transactions. • Many of the accused have been charged under section 67 of the IT Act,2000 and Indian Penal Code Sections 420(cheating), 465, 467 and 671 (forgery) besides other sections.
  • 15. • The Computer as a Target • The Computer as a Weapon • Unauthorized access & Hacking • Trojan Attack • Virus and Worm attack • E-mail related crimes • Denial of Service attacks Possible Cyber Crimes:
  • 16. Related Facts with IT Act-2006: • Computer • Computer network • Data • Electronic record • Secure system • Certifying Authority • Cyber Appellate Tribunal • Electronic Gazette • Act • Agent • Application • Legal practitioner • Section • Digital signature • Electronic form
  • 17. Bomb Hoax Mail In an email hoax, sent by a 15-year-old boy from Bangalore, the Cyber Crime Investigation Cell (CCIC) arrested him in 2009. The boy was accused of sending an email to a private news company saying, “I have planted 5 bombs in Mumbai, you have two hours to find them”. The concerned authorities were contacted immediately, in relation to the cyber case in India, who traced the IP address (Internet Protocol) to Bangalore.
  • 19. Inspector level police officer has the right to investigate these cases under the ICT Act, section 78: •Section 65 - Trying to tamper with computer resources •Section 66 - Trying to hack into the data stored in the computer •Section 66B - Provision of penalties for misappropriation of information stolen from computer or any other electronic gadget •Section 66C - Provision of penalties for stealing someone’s identity •Section 66D - Provision of penalties for access to personal data of someone with the help of computer by concealing their identity Section 66E - Provision of penalties for breach of privacy
  • 20. Section 66F - Provision of penalties for cyber terrorism •Section 67 - Provisions related to the publication of offensive information •Section 67A - Provision of penalties for publishing or circulating sex or pornographic information through electronic means •Section 67B - Publication or broadcast of such objectionable material from electronic means, in which children are shown in obscene mode •Section 67C - Provision of penalties for disrupting or blocking information by mediators •Section 70 - Provision for making objectionable access to a secured computer Section 71 - Delivering data or data incorrectly
  • 21. Section 72 - Provisions related to mutual trust and privacy •Section 72A - The provisions relating to making public the information violation of the terms of the Protocol •Section 73 - Publication of electronic signature certificate falls in certain particulars.
  • 22. Offences & Punishments under ICT Act, 2006 Section Contents Imprisonment Up to Fine 43 Damage to Computer, Computer system etc Not Defined Up to 1 Cr to the affected party 44A For falling to furnish any document, return on report to the Controller or the Certifying authority Not Defined <=1.5 Lakhs per failure 44B For falling to file any return or furnish any information or other document within the prescribed time. Not Defined <=5000 per day per failure 44C For not maintaining books of account or records. Not Defined <=10000 per day per failure 45 Offences for which no penalty is separately provided Not Defined >=25000 to the affected party
  • 23. Offences & Punishments under ICT Act, 2006 Section Contents Imprisonment Up to Fine 67A Publishing or transmitting material containing Sexually Explicit Act - 1st time & Subsequently 5 years and 7 years and 10,00,000 10,00,000 67B Publishing or transmitting material containing Children in Sexually Explicit Act - 1st time Subsequent 5 years and 7 years and 10,00,000 10,00,000 67C Contravention of Retention or preservation of information by intermediaries 3 years and Not Defined 68 Controller’s directions to certifying Authorities or any employee's failure to comply knowingly or intentionally 2 years or/and 1,00,000 69 Failure to comply with directions for Intercepting, monitoring or decryption of any info transmitted through any computer system/network 7 Years and Not Defined
  • 24. Offences & Punishments under ICT Act, 2006 Section Contents Imprisonment Up to Fine 69A Failure to comply with directions for Blocking for Public Access of any information through computer 7 years and Not Defined 69B Failure to comply with directions to Monitor and Collect Traffic Data 3 years and Not Defined 70 Protected system. Any unauthorized access to such system 10 years and Not Defined 70B (7) Failure to provide information called for by the *I.C.E.R.T or comply with directions 1 years or 1,00,000 71 Penalty for Misrepresentation or suppressing any material fact 2 Years or/and 1,00,000
  • 25. Offences & Punishments under ICT Act, 2006 Section Contents Imprisonment Up to Fine 72A Punishment for Disclosure of information in breach of lawful contract 3 years or/ and 5,00,000 73 Penalty for publishing False DSC 2 years or/ And 1,00,000 74 Fraudulent Publication 2 years or/ And 1,00,000
  • 26. Case-03 Suhas Katti v. Tamil Nadu was the first case in India where a conviction was handed down in connection with the posting of obscene messages on the internet under the controversial section 67 of the ICT Act, 2006. The case was filed in February 2004 and In a short span of about seven months from the filing of the FIR, the Chennai Cyber Crime Cell achieved the conviction. In the case, a woman complained to the police about a man who was sending her obscene, defamatory and annoying messages in a Yahoo message group. The accused also forwarded emails received in a fake account opened by him in the victim's name. The victim also received phone calls by people who believed she was soliciting for sex work.
  • 27. Decision Findings the accused guilty of offences under section 67 of ICT Act 2006 He was sentenced to rigorous imprisonment for 2 years under and to pay a fine of BDT.500/-, one-year simple imprisonment and BDT 500 fine.
  • 28. • Introducing Digital Signatures: •With the passage of the ICT (Amendment) Act,2006 BD has become technologically neutral due to adoption of electronic signatures as a legally valid mode of executing signatures. •Introducing Corporate Responsibility (Sec. 43A): •Corporate bodies handling sensitive personal information or data in a computer resource are under an obligation to ensure adoption of ‘reasonable security practices’ to maintain its secrecy, failing which they may be liable to pay damages/compensation. •Analysis of the Amended Sec. 43: •The amended Act provides the distinction between ‘contravention’ and ‘offence’ (section 43 for contraventions and section 66 of the Act for offences). As per the Amendment Act, 2006, there is no ceiling limit for compensation under section 43 which was one crore rupees in the ICT Act. Amended IT Act-2006 Tonmoy Paul ; ID: 45
  • 29. • Update on Cyber crime prosecution: •Section 67 talks about conviction for imprisonment for a term not exceeding 2 years or fine not exceeding one lac or both for not preserving information. • Blocking unlawful websites: •Section 69A has been inserted in the ICT amendments 2006 and gives power to Central government or any authorized officer to direct any agency or intermediary(for reasons recorded in writing ) to block websites in special circumstances as applicable in Section 69 and its punishable offences. • Electronic Evidence Examiner: •With amendments in 2006, Section 79 A is added that empowers the Central government to appoint any department or agency of Central or State government as Examiner of Electronic Evidence. •Penalty And Compensation for the Damage to Computer, System and other related devices Amended ICT ACT-2006 Tonmoy Paul ; ID: 45
  • 30. Impact Of ICT Act-2006 . • Penalty and Compensation for the Damage to Computer, System and other related devices . • Electronic commerce using the legal infrastructure provided by the Act . • Companies digital signatures to carry out their transactions online . • Secure access of computer or web resources . • No identity theft, privacy, hacking, cyber frauds are allowed . • Downloaded copies are valid and legally accepted . • Denial of services is not allowed . Tonmoy Paul ; ID: 45
  • 31. Case Study Kumar v/s Whiteley. In this case the accused gained unauthorized access to the Joint Academic Network (JANET) and deleted, added files and changed the passwords to deny access to the authorized users. Investigations had revealed that Kumar was logging on to the BSNL broadband Internet connection as if he was the authorized genuine user and ‘made alteration in the computer database pertaining to broadband Internet user accounts’ of the subscribers. N G Arun Kumar, the techie from Bangalore to undergo a rigorous imprisonment for one year with a fine of Rs 5,000 under section 420 IPC (cheating) and Section 66 of ICT Act (Computer related Offense). Decision: The Additional Chief Metropolitan Magistrate, the techie from Bangalore to undergo a rigorous imprisonment for one year with a fine of Rs 5,000 under section 420 IPC (cheating) and section 66 of IT Act (Computer related offence). Tonmoy Paul ; ID: 45
  • 32. Suggestion in The Existing IT ACT The Act not only addresses issues related to electronic commerce by providing a framework for the establishment of a Public Key Infrastructure in the country, but it also addresses the issues of cyber crime and admissibility of digital evidence through the various provisions incorporated within the Act in itself and by way of amendments in other statutes. Tonmoy Paul ; ID: 45
  • 34. Have you any question?