Introduction to Cyber Law

1
INTRODUCTION TO
INTRODUCTION TO
CYBER LAW
CYBER LAW
MODULE NO 4
The Concept of Cyberspace
BY
UMAKANT BHASKAR GOHATRE
Smt. Indira Gandhi College of Engineering

 Pre 1990: People are not connected
Pre 1990: People are not connected
 1990: Connecting People to Information
1990: Connecting People to Information
 2000: Connecting People to People
2000: Connecting People to People
 2010: Everything is connected
2010: Everything is connected

 We are now living in e-world… dominated by
numbers of “e”.
 e-friend…e-music…e-network…e-ticket…e-
commerce… and very soon e-service of notice in
commercial matters of our supreme court.
 Recently, our Supreme Court had decided to serve
email notice in commercial matters in addition to
the regular notice by R. P. A. D. in order to cut
down the delay in the servicing notice.
 In my opinion, right to life includes right to e-life.

 Technology is growing at lightening speed. While
the technology brings lot of good things, it also
brings equal amount of risks and challenges.
 Every day, we read in the newspapers about the
various cyber crimes, like Credit card cloning,
spoofing, phishing, stalking, etc.
 Some of the youngsters indulge in misusing the
technology and get caught by the Police
Authorities.

 A recent study revealed that 80 percent of the
cyber crimes in the Corporate Houses are
committed by the ‘insiders’.
 More than 95 percent of the cases do not get
reported to the Police Authorities.
 Only 3% of cyber crime complaints filed in
Mumbai are being converted in FIR.

 Cyberspace is the electronic medium of
computer networks, in which online
communication takes place.
 It is readily identified with the interconnected
information technology required to achieve the
wide range of system capabilities associated with
the transport of communication and control
products and services.
 The term “cyberspace” was first used by
the cyberpunk science fiction author William
Gibson.

 Now, the term has become a conventional means
to describe anything associated with computers,
information technology, the internet and the
diverse internet culture.
 Cyberspace includes
Cyberspace includes
◦ The Internet, websites
The Internet, websites
◦ computers, networks
computers, networks
◦ software, data storage devices, emails
software, data storage devices, emails
◦ electronic devices (cell phones, ATM machines etc)
electronic devices (cell phones, ATM machines etc)
 Cyber Law governs cyberspace
Cyber Law governs cyberspace

 Cyber space is an intangible and provides
Cyber space is an intangible and provides
an extreme mobility
an extreme mobility
◦ events taking place on the internet are not happening in
events taking place on the internet are not happening in
the locations where participants or servers are physically
the locations where participants or servers are physically
located, but "in cyberspace".
located, but "in cyberspace".
 Cyber space offers great economic
Cyber space offers great economic
efficiency.
efficiency.
◦ Billions of dollars worth of software can be traded over
the Internet without the need for any government
licenses, shipping and handling charges and without
paying any customs duty.

 Cyber space has Complete disrespect for
Cyber space has Complete disrespect for
national boundaries.
national boundaries.
◦ A person in India could break into a bank’s electronic
vault hosted on a computer in USA and transfer millions
of Rupees to another bank in Switzerland, all within
minutes. All he would need is a laptop computer and a
cell phone.

 Cyber space is absolutely open to
Cyber space is absolutely open to
participation by all.
participation by all.
◦ A ten year-old to an eighty year-old grand mother
without any regard for the distance or the anonymity
between them.

 Cyber space offers enormous potential for
Cyber space offers enormous potential for
anonymity to its members.
anonymity to its members.
◦ "On the Internet, nobody knows you're a dog" is an
adage which began as the caption of a cartoon by Peter
Steiner published by The New Yorker on July 5, 1993.
◦ The cartoon features two dogs: one sitting on a chair in
front of a computer, speaking the caption to a second
dog sitting on the floor.
◦ http://www.unc.edu/depts/jomc/academics/dri/idog.html

 On the Internet, it is very easier to create several
On the Internet, it is very easier to create several
copies and transmitting the same in different
copies and transmitting the same in different
locations of world in few minutes. For these
locations of world in few minutes. For these
reasons, the Internet has been described as “the
reasons, the Internet has been described as “the
world’s biggest copy machine”.
world’s biggest copy machine”.
 “
“It’s the World’s Biggest Copy Machine,” PC week (January 27, 1997).
It’s the World’s Biggest Copy Machine,” PC week (January 27, 1997).

 The IT Act gives legal recognition to electronic records
and digital and electronic signature.
 Where any law provides that information or any other
matter shall be authenticated by affixing the signature or
any document should be signed or bear the signature of
any person then, notwithstanding anything contained in
such law, such requirement shall be deemed to have been
satisfied, if such information or matter is authenticated by
means of electronic/digital signature affixed in such
manner as may be prescribed by the Central Government.
 Use of Electronic Records and Electronic Signature in
Government and its agencies

Penalty, C ompensation
and Offences

22
 If any person without permission of the owner
or any other person who is in charge of a
computer, computer system or computer
network -
◦ (a) to (j)
 Then he shall be liable to pay unlimited
damages to affected the person.

If any person, dishonestly or fraudulently, does any
act referred to in section 43,
Punishment: Jailed upto three years and/or fine upto five
lakh rupees.
Dishonestly- the intention of causing wrongful gain to
one person or wrongful loss to another person
Fraudulently – the intention to defraud but not
otherwise

 If any person without permission of the owner or any
other person who is in charge of a computer, computer
system or computer network -
◦(a) accesses or secures access
to such computer, computer system
or computer network or computer
resource

 Access means
 Gaining entry into,
 Instructing with the logical, arithmetical, or
memory function resources of
 Communicating with the logical,
arithmetical, or memory function resources
of
a computer, computer system or computer
network (widely defined to cover every with a

 Access means
 Gaining entry into a computer, computer
system or computer network (widely defined
to cover
 Applies to physical access too
 Examples
 Unauthorized access to a room storing a
server/super computers
 Unscrews the cabinet of computer

 Access means
 Instructing or communicating with the
logical, arithmetical, or memory function
resources of a computer, computer system
or computer network (widely defined to cover
 Instructing means giving order or directing
(one way process)
 Communicating means exchange of
information (one way process)

 Examples (instructing or communicating )
 Remotely shutting down computer by sending SMS
 Port scanning??
A port scanner is a software application designed to
probe a server or host for open ports. This is often used
by administrators to verify security policies of
their networks and by attackers to identify running
services on a host with the view to compromise it.

 Section 43 (a) covers access or secures access
◦ Secure means to make certain
 To make certain that access can be achieved as
and when desired by the person seeking to
access.
 Example
 X, network administrator of ABC Limited, stores
passwords of main servers in his personal laptop. Y,
a friend of X, with X permission, access X’s laptop
and note down passwords of main server. Y secured

other person who is incharge of a computer, computer
◦ (g) provides any assistance to any
person to facilitate access to a
computer, computer system or
computer network in contravention of
the provisions of this Act, rules or
regulations made thereunder,

 Assistances – is act of helping or aiding
 Facilitate – to make easier or to make less
difficult or to assist in the progress of…
 Examples
 Handing over password by the existing officer
 Deliberately ignoring warnings of IDS
 Putting firewall on disable mode

 Secured access or attempts to secure access to a
protected system
 Punishment : jailed upto 10 years and/or fine
 Protected system declared by the Government
 Examples: Computers of India Army, Mumbai Police,
Forest Dept of Government etc.
 Examples (attempts)
 Unsuccessful attempt to break password
 Unsuccessful DOS attack
 Unsuccessful attempt to send a Trojan

◦ (b) downloads, copies or extracts
any data, computer data base or
information from such computer,
computer system or computer network
including information or data held or
stored in any removable storage

 To download is to transfer information from one
computer to another
 To copy is to imitate or reproduce an exact
replica of the original
 To extract is to take out, distil, deduce, derive or
quote from any source

◦ (c) introduces or causes to be introduced
any computer contaminant or computer
virus into any computer, computer
system or computer network;

system or computer network –
◦ (d) damages or causes to be
damaged any computer, computer
system or computer network, data,
computer data base or any other
programmes residing in such computer,
computer system or computer network;

 Damage means to destroy, alter, delete, add,
modify or rearrange any computer resource by
any means
 Examples
 Changing an image from .gif format to .jpg format
 Deleting/changing of code/URL/ excel file

◦ (e) disrupts or causes disruption of any
computer, computer system or
computer network;
 Disruption- could be total or partial
 To prevent the normal continuance of
 To throw into confusion or disorder
 To interupt or impede the progress of

 Examples of Disruption
 Spreading worms in a global network…
slowing down of the network
 Switching off the wi-fi modem
 Using the slow internet connection for heavy
download…it is not available to other
legitimate users.

◦(f) denies or causes the denial of
access to any person authorised to
access any computer, computer
system or computer network by any
means;
◦ Examples: DOS and DDOS attacks

◦ (h) charges the services availed of by a
person to the account of another person
by tampering with or manipulating
any computer, computer system, or
computer network,
◦ Examples: internet time theft, misuse of
credit card etc

 If any person without permission of the owner or
any other person who is incharge of a computer,
computer system or computer network -
◦ (j) Steals, conceals, destroys or
alters or causes any person to
steal, conceal, destroy or alter any
computer source code used for a
computer resource with an intention to
cause damage,

 Any person knowingly or intentionally
conceals, destroys or alters or
intentionally or knowingly causes
another to conceal, destroy or alter
◦ any computer source code used for a computer,
computer programme, computer system or computer
network, when the computer source code is required
to be kept or maintained by law for the time being in
force,
 Punishment: jailed up to three years and/or fine up to two lakh rupees.
 Case-Law: Syed Asifuddin & others v/s State of A. P

 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, to the
person so affected.

 Save as otherwise provided in this Act or any other law
for the time being in force, any person including an
intermediary who,
◦ while providing services under the terms of lawful contract,
◦ has secured access to any material containing personal
information about another person,
◦ with the intent to cause or knowing that he is likely to
cause wrongful loss or wrongful gain
◦ discloses, without the consent of the person concerned,
or in breach of a lawful contract, such material to any
other person,
 Punishment: Jailed upto three years, or/and fine upto
five lakh rupees

 Any person who sends, by means of a computer
resource or a communication device,-
◦ a) any information that is grossly offensive or
has menacing character; or
 Punishment: Jailed upto three years, or/and
fine

◦
◦ b) any information which he knows to be false,
but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult,
injury, criminal intimidation, enmity, hatred,
or ill will, persistently makes by making use of
such computer resource or a communication
device,

◦ c) any electronic mail or electronic mail
message for the purpose of causing
annoyance or inconvenience or to deceive or
to mislead the addressee or recipient about
the origin of such messages
 Punishment: Jailed upto three years, or/and
fine

 67. Punishment for publishing or transmitting
obscene material in electronic form
 67 A Punishment for publishing or transmitting of
material containing sexually explicit act, etc. in
electronic form
 67 B Punishment for publishing or transmitting of
material depicting children in sexually explicit
act, etc. in electronic form

 If any person, intentionally or knowingly captures,
publishes or transmits the image of a private area
of any person without his or her consent, under
circumstances violating the privacy of that
person,
◦ Punishment: Jailed upto three years, or/and fine upto
two lakhs
 “private area” means the naked or undergarment
clad genitals, pubic area, buttocks or female
breast

 66 B. Punishment for dishonestly receiving stolen
computer resource or communication device
 66C. Punishment for identity theft
 66D. Punishment for cheating by personation by
using computer resource
 66F. Punishment for cyber terrorism

 Sec 75 Act to apply for offence or contraventions
committed outside India by any person
irrespective of his nationality.
 if the act or conduct constituting the offence or
contravention involves a computer, computer
system or computer network located in India.

1.
1. PReSENSE, Issue No 32 – Oct 2008
PReSENSE, Issue No 32 – Oct 2008
(http://www.primepointfoundation.org/presense/presense1008.pdf accessed on
(http://www.primepointfoundation.org/presense/presense1008.pdf accessed on
27-09-2009)
27-09-2009)
2.
2. Introduction to Indian Cyber Law, Rohas Nagpal, Asian School of Cyber Laws
Introduction to Indian Cyber Law, Rohas Nagpal, Asian School of Cyber Laws
(http://www.asianlaws.org/library/cyber-laws/intro-indian-cyber-law.pdf
(http://www.asianlaws.org/library/cyber-laws/intro-indian-cyber-law.pdf
accessed on 27-09-2009)
accessed on 27-09-2009)
3.
3. A False Bargain: The Los Angeles County Economic consequences of counterfeit
A False Bargain: The Los Angeles County Economic consequences of counterfeit
Product, prepared by Gregory Freeman, Nancy D Sidhu and Michael Montoya
Product, prepared by Gregory Freeman, Nancy D Sidhu and Michael Montoya
(February 2007)
(February 2007)
4.
4. “
“It’s the World’s Biggest Copy Machine,” PC week (January 27, 1997).
It’s the World’s Biggest Copy Machine,” PC week (January 27, 1997).
5.
5. Wikipedia
Wikipedia
http://en.wikipedia.org/wiki/On_the_Internet,_nobody_knows_you're_a_dog
http://en.wikipedia.org/wiki/On_the_Internet,_nobody_knows_you're_a_dog
(Accessed on 15-09-2010)
(Accessed on 15-09-2010)
http://en.wikipedia.org/wiki/Cyberspace (Accessed on 15-09-2010)
http://en.wikipedia.org/wiki/Cyberspace (Accessed on 15-09-2010)
http://en.wikipedia.org/wiki/Port_scanner (Accessed on 27-01-2011)
8.
8. presentation on Digital DNA & Digital Augmentation (how technology and new
presentation on Digital DNA & Digital Augmentation (how technology and new
economic force are changing business) by Martin Deinoff
economic force are changing business) by Martin Deinoff
(http://www.slideshare.net/MartinDeinoff/digital-dna-digital-
(http://www.slideshare.net/MartinDeinoff/digital-dna-digital-

Thank You
Thank You
Adv. DIPAK G. PARMAR
Adv. DIPAK G. PARMAR
Dipak@Cyber-IPR.com
Dipak@Cyber-IPR.com
09820196971
09820196971

Introduction to Cyber Law

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