Cyber Law and your Organisation

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Cyber Law and your Organisation

• Rohas Nagpal,
• Asian School of Cyber Laws

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Indian Cyber Law

• Information Technology Act, 2000
• Imprisonment upto 10 years
• Compensation upto Rs 1 crore
• Indian Penal Code, Evidence ActCode of Criminal
  Procedure

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Cyber Pornography

• Section 67 covers
• Publishing
• Transmitting
• Causing to be published
• In respect of pornography in the electronic form
• Baazee case

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Cyber Pornography

• Section 67 applies to
• SMS,
• emails,
• websites,
• mp3 ??
• Stringent punishment
• 5 years 1 lakh fine
• 10 years 2 lakh fine

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Some Questions

• Liability of receiver of pornography?
• Is it a crime to watch pornography?
• Is cyber café owner responsible?

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Hacking

• 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

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Hacking

• 3 years jail and / or 2 lakh fine

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Source code
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Tampering with source code

• 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

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Tampering with source code

• 3 years jail and / or 2 lakh fine
• Tata Indicom employees case

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Decrypting information

• 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.

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Decrypting information

• 7 years jail
• Forgotten password (?)
• Deleted private keys (?)
• Unconstitutional (?)

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Breach of privacy

• Save as otherwise provided by law
• Police etc secured access to any electronic
  information
• Discloses material without the consent of the
  person concerned

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Breach of privacy

• 2 years jail and / or Rs 1 lakh

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1 crore compensation

• Unauthorised access
• Unauthorized copying, downloading, extracting
• Introducing computer worm / virus
• Denial of service

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1 crore compensation

• Facilitating unauthorized access
• Computer fraud

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Relevant Authorities

• For investigation
• Controller of Certifying Authorities
• Deputy Superintendent of Police
• CERT-IND
• For adjudication
• Adjudicating Officer
• Cyber Appellate Tribunal
• Criminal Courts

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Relevant Issues

• Liability of Network Service Providers
• Liability of Companies
• Arrest without warrant
• Search and seizure

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Digital Evidence

• 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

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Questions?

• Rohas Nagpal,
• Asian School of Cyber Laws