Technology update

Cyber Lows

Cyber Law is the law governing Cyber Space.

Cyber Space is a very wide term which includes computers, networks, software, data storage devices

(hard-disk, USB Disk etc.), internet, websites, emails and other electronic devices such as cell phone,

ATM Machines etc.

Types of Crimes

1. Financial Crimes – Cyber cheating, credit card frauds, money laundering, hacking into bank

servers etc.

2. Cyber Pornography

3. Sale of illegal articles – Selling articles such as narcotic drugs, weapons etc.

4. Online Gambling – It is legalized in some country, so the owner of these websites are safe in

their home countries

5. Intellectual Property Crimes – Software Piracy, Copyright Infringement etc.

6. Email Spoofing

7. Forgery – Counterfeit Currency notes, revenue stamps, mark sheets etc.

8. Cyber Defamation

9. Cyber Stalking – Harassing or threatening behavior by making phone calls

10. Web Defacement

11. Email Bombing

12. Data Diddling – Illegal or unauthorized data alteration which occurs during data input or

before output. (Eg: Changing the code for a device to record 1 kg as 500 gm or more than 1 kg.

13. Salami Attack - In this attack, alteration made is so insignificant that in a single case it would go

unnoticed

14. Denial of Service Attack

15. Virus / Worms attack

16. Trojan and Keylogger

17. Internet Time Theft

18. Web Jacking – Forcefully taking control of website (by cracking and changing the password)

19. Email Frauds

20. Cyber Terrorism

Topic Name: Cyber Law and Consulting

© Pristine Infosolutions Private Limited 2019.

Year of Publication: 2019-2020

Blogs & Blogger’s rights & limitation

1. The blogger is legally liable for the blog posted by him/her

2. The liabilities can be very serious in case the blog post contains pornographic material

3. Other cases where the liabilities can be serious are:

i. Anti-National blogs

ii. Blogs that hurt religious feelings

iii. Blogs that criticize political leaders

Information Technology Act, 2000

1. IT Act, 2000 has 94 sections divided into 13 chapters

2. IT Act apply to the whole of India

3. It also applied to crime committed outside India, by anyone, involving a computer located in

India.

4. Section 75 of the IT Act applies for offence or contravention committed outside India.

5. Certain persons are exempt from prosecution under the IT Act. This includes:

a. President of India and Governors of jurisdiction of any court in India

b. Foreign Heads of State

c. Ambassadors of foreign countries

Adjudicating Officer (AO)

1. The chief responsibility of AO under IT Act is to adjudicate (judge) on cases such as

unauthorized access, unauthorized copying of data, spread of virus, DOS attack etc.

2. The IT Secretaries of each Union Territory and State are the AO for that area.

3. In Maharashtra, AO sits in Mantralaya, Mumbai.

4. AO can award compensation of INR 1 crore.

Topic Name: Cyber Law and Consulting

© Pristine Infosolutions Private Limited 2019.

Year of Publication: 2019-2020

Computer Emergency Response Team – India (CERT – IND)

CERT-IND has been empowered to order the blocking of websites.

CERT-IND can be approached by specified authorities for the blocking, like:

1) Foreign Secretary; Dept of External Affairs (DEA)

2) Central Bureau of Investigation (CBI)

3) Intelligence Bureau (IB)

4) Chairman of the Minorities Commission

5) The Court

The duty of CERT is to verify that the complaint is authentic and block of website is essential. It can

then instruct Department of Telecommunication (DOT) to block the website.

All ISPs function under control of DOT and must follow DOT orders to block website.

CERT-IND is located at Electronics Niketan, Lodhi Road, New Delhi

Central Acts

The constitution of India specifies issues for which only Central government can make laws. Eg:

Defense, Telecommunication.

These Central Acts are passed by the Parliament.

State Acts

The constitution of India also specifies issues for which only State government can make laws.

Eg: shops such as Cyber Cafe.

State Acts are passed by the State Legislature.

Section 66 of the IT Act - a person who deleted someone’s data is punishable for hacking

Section 69 of the IT Act – requires a person to co-operation with the government officials during an

investigation or else he will be liable for punishment under Section 69.

Extradition is the delivery of a person accused of a crime in one country by the other country where

he has sought refuge

Abettor is a person who helps or facilitates the commission of offence by another person.