CYBER TERRORISM THE GROWING MENACE

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CYBER TERRORISM- THE GROWING MENACE
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A PRESENTATION BY PAVAN DUGGAL,CHAIRMAN,
ASSOCHAM CYBERLAW COMMITTEEADVOCATE, SUPREME
COURT OF INDIA HEAD, PAVAN DUGGAL ASSOCIATES
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CYBER TERRORISM

• CYBER TERRORISM- LEGAL ELEMENTS
• INTERMEDIARIES AND THEIR LIABILITY
• NEED TO DO DUE DILIGENCE
• PROTECT YOUR BACK BEFORE THE LAW CATCHES UP

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CYBER TERRORISM

• THE NEW PHENOMENON
• USE OF CYBERSPACE, COMPUTERS COMPUTER SYSTEMS AND
  COMPUTER NETWORKS FOR TERRORIST PURPOSES.
• THE NEW WAR IS NOW BEING FOUGHT IN CYBERSPACE

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CYBER LAW IN INDIA

• In India the Information Technology Act, 2000 is
  the Mother Legislation that deals with issues
  related to use of computers, computer systems ,
  computer networks and the Internet.

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CYBER LAW IN INDIA

• Information Technology Amendment Bill, 2006
• Referred to Parliamentary Standing Committee on
  IT
• Standing Committee Report- 2007
• Information Technology Amendment Bill, 2006

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IT ACT AMENDMENTS

• INFORMATION TECHNOLOGY AMENDMENT ACT, 2008
• PASSED BY BOTH THE HOUSES OF PARLIAMENT IN END
  DECEMBER, 2008
• GAZETTED ON 5-2-2009

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COMPLIMENTS

• GOVERNMENT OF INDIA AND PARLIAMENTARY STANDING
  COMMITTEE ON IT NEEDS TO BE COMPLIMENTED FOR ALL
  THEIR HARD WORK IN MAKING THE NEW AMENDMENTS A
  REALITY
• LOT OF MAJOR SIGNIFICANT ADVANCES MADE BY THE NEW
  AMENDMENTS

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CYBER TERRORISM

• for the first time, defined the concept of cyber
  terrorism and has made it a heinous crime.
• cyber terrorism as an offence that has been made
  punishable with life imprisonment and fine.
• This move should do tremendous service to the
  cause of the Indian nation as also the
  sovereignty , integrity and security of India.
• Highly commendable move after Mumbai 26/11/
  attacks

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CYBER TERRORISM- ESSENTIAL FEATURES

• (1) Whoever,-
• (A) with intent to threaten the unity, integrity,
  security or sovereignty of India or to strike
  terror in the people or any section of the people
  by-
• (i) denying or cause the denial of access to any
  person authorised to access computer resource or
• (ii) attempting to penetrate or access a computer
  resource without authorisation or exceeding
  authorised access or

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CYBER TERRORISM- ESSENTIAL FEATURES

• (iii) introducing or causing to introduce any
  computer contaminant
• and by means of such conduct causes or likely to
  cause death or injuries to persons or damage to
  or destruction of property or disrupts or knowing
  that it is likely to cause damage or disruption
  of supplies or services essential to the life of
  the community or adversely affect the critical
  infrastructure specified under Section 70,

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CYBER TERRORISM- ESSENTIAL FEATURES

• (B) knowingly or intentionally penetrates or
  accesses a computer resource without
  authorization or exceeding authorised access, and
  by means of such conduct obtains access to
  information, data or computer database that is
  restricted for reasons of the security of the
  state or foreign relations

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CYBER TERRORISM- ESSENTIAL FEATURES

• or any restricted information data or computer
  data base with reasons to believe that such
  information, data or computer data base so
  obtained may be used to cause or likely to cause
  injury to the interests of the sovereignty and
  integrity of India, the security of the state,
  friendly relations with foreign states, public
  order, decency or morality or in relation to
  contempt of court, defamation or incitement to an
  offence or to the advantage of any foreign
  nation, group of individuals or otherwise,
• commits the offence of Cyber Terrorism

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PUNISHMENT

• Whoever commits or conspires to commit cyber
  terrorism shall be punishable with imprisonment
  which may extend to imprisonment for life.

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NEW CYBERCRIMES ADDED

• provide far more exhaustive coverage of
  cybercrimes in the law.
• Various new cybercrimes have been added like the
  activities defined in Section 43 of the IT Act,
  2000.
• The new amendments have added identity theft and
  phishing as cybercrimes .
• have also covered breach of privacy, child
  pornography as specific offences.

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INTERCEPTION

• The new amendments have strengthened the hands of
  the nation by increasing the ambit of the powers
  of interception of the Government,
• Interception, blocking and monitoring powers
  have been more detailed and elaborately stated.

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INTERMEDIARIES DUE DILIGENCE

• SPECIAL LIABILITY OF INTERMEDIARIES FOR THIRD
  PARTY DATA
• ALL COMPANIES COMING WITHIN THE DEFINITION OF
  INTERMEDIARIES NEED TO DO DUE DILIGENCE
• DUE DILIGENCE CRITICAL FOR LIMITATION OF
  LIABILITY
• DUE DILIGENCE NEEDS TO BE DOCUMENTED AND BE
  READILY AVAILABLE

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DUE DILIGENCE

• NEED FOR ENSURE THAT YOUR NETWORKS AND COMPUTER
  SYSTEMS ARE NOT USED FOR TERRORIST OR CRIMINAL
  PURPOSES.
• NEED FOR ANTI CYBER TERROR PROVISIONS IN YOUR
  POLICIES

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CYBERLAWS.NET SURVEY ON E-COMPLIANCE

• Generate awareness orientation about the
  compliance requirements of Indian Cyber Law
• Sensitize people about
• The level of compliances of their respective
  organizations pertaining to Indian Cyber Law.
• Possibility of exposures to potential risks.

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CYBERLAWS.NET SURVEY ON E-COMPLIANCE
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CYBERLAWS.NET SURVEY ON E-COMPLIANCE ( contd)
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CYBERLAWS.NET SURVEY ON E-COMPLIANCE( contd)

• To take the survey know your present compliance
  situation visit the following web address
• http//cyberlaws.net/ecompliance

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IT Act Amendments, 2008

• For details visit
• www.cyberlaws.net/itamendments
• Or
• www.cyberlawindia.com

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A PRESENTATION BY PAVAN DUGGAL,ADVOCATE,
SUPREME COURT OF INDIA PAVAN DUGGAL ASSOCIATES
EMAIL pduggal_at_vsnl.compduggal_at_gmail.com