cyberlawcomp-121130031942-phpapp01

7/28/2019 cyberlawcomp-121130031942-phpapp01

1/35

A PRESENTATION

BY

PAVAN DUGGAL,

ADVOCATE, SUPREME COURT OF

INDIAPRESIDENT,CYBERLAW ASIA

CYBERLAW CONSULTANT,

MEMBER, MAC, ICANNNIRC-ICAI SEMINAR

1-4-2006 , DELHI


2/35

CYBERCRIMES

AND

DUE DILIGENCE


3/35

CYBERCRIMES GALORE

ARIF AZIM CASE

Juvenile found guilty for sending threateningemail

SHEKHAR VERMA CASE

Juvenile Found guilty for sending thretingemail

MANY MANY MORE THAT OCCUR BUT

ARE NEVER REPORTED


4/35

GROSS UNDER

REPORTINGFOR EVERY 500 INSTANCES OF

CYBERCRIMES THAT OCCUR IN

INDIA,

ONLY 50 ARE REPORTED AND

OUT OF THE SAME, ONLY ONE CASE

GETS REGISTERED BY THE POLICE.

UNDER REPORTING DOES NOT

EQUAL TO ABSENCE OF CYBERCRIME


5/35

CYBERCRIME

DEFINITIONCybercrime refers to all the activities done

with criminal intent in cyberspace or using

the medium of Internet.

These could be either the criminal activities

in the conventional sense or may be activities

newly evolved with the growth of the newmedium.


6/35

CYBERCRIME IMPACT ON

IT Cybercrime adversely impacts various activities in

the electronic medium using computers, computersystems and computer networks

Effect is not just destruction or adverse impact ondata.

Cybercrimes also have the ability to disrupt or

damage computers, computer systems andcomputer networks as also data or informationresident therein

Cybercrimes directly inhibit e-commerce and the

free use of the Internet and computers.


7/35

CYBERCRIME

CATEGORIES

Cybercrimes can be basically

divided into 3 major categoriesbeing Cybercrimes

against persons

against property against Government


8/35

STATISTICS

The Asian School of Cyberlaws

Computer Crime and Abuse Report

(India) 2001-02 reports that Data Theft at33% makes up largest category of

reported incidents of Cybercrime.

Of this 37% of data stolen is theSource/Object Code.


9/35

INFORMATION

TECHNOLOGY ACT, 2000 &

CYBERCRIME

Various cyber offences defined

Cyber offences to be investigated only by

a Police Officer not below the rank of the

Deputy Superintendent of Police.


10/35

CYBER OFFENCES UNDER

THE IT ACT

Tampering with computer source

documentsSection 65 Hacking - Section 66

Publishing of information which is

obscene in electronic form - Section 67


11/35

SECTION 65

Tampering with computer source documents

Knowingly or intentionally concealing,

destroying or altering or intentionally orknowingly causing another to conceal, destroy

or alter any computer source code used for

computer, computer programme, computer

system or computer network, when thecomputer source code is required to be kept or

maintained by law for the time being in force


12/35

PUNISHMENT FOR

TAMPERING COMPUTERSOURCE DOCUMENTS

Imprisonment up to three years, or withfine which may extend up to two lakh

rupees, or with both.


13/35

SECTION 66

Hacking with computer system

Occurs when there is intent to cause or

knowledge that one is likely to cause wrongfulloss or damage to the public or any person by

destroying or deleting or altering any

information residing in a computer resource or

diminishing its value or utility or affecting itinjuriously by any means


14/35

PUNISHMENT FOR

HACKING

Imprisonment up to three years, or withfine which may extend upto two lakh

rupees, or with both.


15/35

SECTION 67

Publishing of information which is obscene inelectronic form

Publishing or transmitting or causing to bepublished in the electronic form, any materialwhich is lascivious or appeals to the prurientinterest or if its effect is such as to tend todeprave and corrupt persons who are likely,having regard to all relevant circumstances, toread, see or hear the matter contained orembodied in it


16/35

PUNISHMENT FOR

PUBLISHING OBSCENEINFORMATION IN

ELECTRONIC FORM On first conviction - imprisonment of either

description for a term which may extend to fiveyears and with fine which may extend to one

lakh rupees Second or subsequent conviction -

imprisonment of either description for a termwhich may extend to ten years and also with

fine which may extend to two lakh rupees.


17/35

CYBER OFFENCES UNDER

THE IT ACT (contd)

Breach of confidentiality and privacy Misrepresentation

Publishing Digital Signature Certificate

false in certain particulars and publicationfor fraudulent purposes.


18/35

NEW MANIFESTATIONS

NEW FORMS AND

MANIFESTATIONS OF

CYBERCRIMES EMERGINGEVERYDAY.


19/35

IT ACT DEFICIENT

The offences defines in the IT Act are by

no means exhaustive.

However, the drafting of the relevantprovisions of the IT Act make it appear as

if the offences detailed in the said IT Act

are the only Cyber offences possible andexisting.


20/35

NEED FOR

INGENUITY

Just as human mind is ingenious enough to

devise new ways for perpetuating crime,

similarly, human ingenuity needs to be

channelised into developing effective legal and

regulatory mechanisms to control and preventCybercrimes.


21/35

BREACH OF SECURITY

Breach of security attracts consequences of civilliability.

If a person without the permission of owner orany other person in charge of a computer,computer system or computer network, accessesor secures access to such computer, computersystem or computer network, he is liable to pay

statutory damages by way of compensation, notexceeding one crore rupees to the person soaffected.


22/35

CIVIL LIABILITY

Downloading, copying or extracting any data,

computer database or information from such

system or introducing any computer virus into

the same or damaging, destructing or causingto be damaged or disruption of the same or

denying the access to any authorized person

of the same, and providing any assistance to

any person for doing any of the acts mentioned

above, would also attract the civil liability of

damages by way of compensation not

exceeding rupees one crore.


23/35

BREACH OF

SECURITY (contd.)

Breach of security is also implicitly

recognized as a penal offence in the form

of hacking.

This offence is declared as a penal

offence punishable with three years

imprisonment and two lakh rupees fine.


24/35

INVESTIGATION

For the purpose of investigating the

offences detailed under the IT Act, 2000,

police officers not below the rank ofDeputy Superintendent of Police have

been duly authorized and who have also

been given the power of entry, search andarrest without warrant in public places.


25/35

Section 79

For the removal of doubts, it is hereby declaredthat no person providing any service as anetwork service provider shall be liable under

this Act, rules or regulations made thereunderfor any third party information or data madeavailable by him if he proves that the offence orcontravention was committed without his

knowledge or that he had exercised all duediligence to prevent the commission of suchoffence or contravention.


26/35

Network Service Providers:

When Not Liable Explanation.For the purposes of this section,

(a)"network service provider" means anintermediary;

(b)"third party information" means any

information dealt with by a network serviceprovider in his capacity as an intermediary.


27/35

OFFENCES BY

COMPANIESWhere a person committing a contravention of

any of the provisions of this Act or of any rule,

direction or order made thereunder is a

company, every person who, at the time thecontravention was committed, was in charge of,

and was responsible to, the company for the

conduct of business of the company as well asthe company, shall be guilty of the

contravention and shall be liable to be

proceeded against and punished accordingly:


28/35

OFFENCES BY

COMPANIES(contd)

Provided that nothing contained in this

sub-section shall render any such person

liable to punishment if he proves that the

contravention took place without his

knowledge or that he exercised all due

diligence to prevent such contravention.


29/35

CLAUSE 49, SEBI

FOR LISTED COMPANIES

CERTIFICATIONS BY CEO AND THE

COMPLAINCE OFFICER CERTIFICATION OF DATA ,

INFORMATION, COMPUTERS,

COMPUTER SYSTEMS AND COMPUTER

NETWORKS

NEED FOR CYBER LEGAL DUE

DILIGENCE


30/35

DUE DILIGENCE

Compliance with IT Act, IT Rules, notifications

etc.

Compliance with Indian Evidence Act.

Information Technology Security Policy

Legal Authentication of E- records.

Retention of E-records as per law.


31/35

CONCLUSION

Techno-Legal Risks in todays Business

Environment.

Need to have a systematic plan for to measure

risk of exposure to the same.

Due Diligence and Compliance only mantra of

survival in todays E- world.


32/35

PDA DUE DILIGENCE VER 1.

PAVAN DUGGAL ASSOCIATES

PAVAN DUGGAL DUE DILIGENCE

VERSION 1.

33 PARAMETERS, COMPLIANCE WITH

THE IT ACT, 2000


33/35

CONCLUSION(contd)

Limiting your liability for criminal activities

done on your computers, computers and

computer networks by others is absolutely

essential lest we face some unpleasant

situations.


34/35

CONCLUSION(contd)

CYBERLAW AUDIT OF YOUR OPERATIONS

USING COMPUTERS, COMPTUER SYSTEMS

AND COMPUTER NETWORKS CRITICAL FOR

YOUR CONTINUED GROWTH.

PAVAN DUGGAL ASSOCIATES UNDERTAKES

CYBERLAW AUDITS FOR CLIENTS FOR

LIMITING THEIR LIABILITY


35/35

THAT WAS A PRESENTATION

BYPAVAN DUGGAL,

ADVOCATE, SUPREME COURT OF

INDIAHEAD, PAVAN DUGGAL

ASSOCIATES,

PRESIDENT,CYBERLAWS.NETEMAIL :[email protected]

[email protected]

Date post:	03-Apr-2018
Category:	Documents
Upload:	shruti-vadher
View:	214 times
Download:	0 times

cyberlawcomp-121130031942-phpapp01

Documents