The Concept of Cyberspace Learning Objectives At the
The Concept of Cyberspace
Learning Objectives At the end of this module, you will be able to: Ø Understand the Concept of Cyberspace and E-Commerce. Ø Get an overview of; Ø The Contract Aspects in Cyber Law, Ø The Security Aspect of Cyber Law, Ø The Intellectual Property Aspect in Cyber Law, Ø The Evidence Aspect in Cyber Law, Ø The Criminal Aspect in Cyber Law. Ø Understand Global Trends in Cyber Law, . Ø Learn Legal Framework for Electronic Data Interchange Law Relating to Electronic Banking. Ø Understand the need for an Indian Cyber Law Prof. Sainath Patil 2
Cyberspace • The Cyberspace can be defined as the virtual computer world which is used to form a global computer network to facilitate online communication. • Cyberspace allows users to share information, interact, swap ideas, play games, engage in discussions or social forums, conduct business and create intuitive media, among many other activities. • In other words, it is a world of information through the internet. • More precisely, we can say it is a three-dimensional representation of virtual space in a computer network. • It is a large computer network made up of many worldwide computer networks that employ TCP/IP protocol to aid in communication and data exchange activities. • The term 'Cyberspace' was coined by William Gibson in his book 'Neuromancer' written in 1984. Prof. Sainath Patil 3
Concept of Cyberspace • Cyberspace is "the environment in which communication over computer networks occurs. “ • And almost everybody in one way or the other is connected to it. • Ladies in the market are connected to is to run their businesses • Shepherds are connected to locate their cattle • Hunters are connected to it to locate their prey • Our friend, the farmer is connected to it and “Facebooking” in the farm • Our friends in the remote areas are also connected to it Prof. Sainath Patil 4
Concept of Cyberspace Prof. Sainath Patil 5
Concept of Cyberspace Prof. Sainath Patil 6
Concept of Cyberspace Prof. Sainath Patil 7
Concept of Cyberspace Prof. Sainath Patil 8
Electronic Commerce • E-Commerce or Electronic Commerce means buying and selling of goods, products, or services over the internet. • E-commerce is also known as electronic commerce or internet commerce. • These services provided online over the internet network. • Transaction of money, funds, and data are also considered as Ecommerce. Prof. Sainath Patil 9
Electronic Commerce • These business transactions can be done in four ways: • Business to Business (B 2 B), • Business to Customer (B 2 C), • Customer to Customer (C 2 C), • Customer to Business (C 2 B). • The standard definition of E-commerce is a commercial transaction which is happened over the internet. • Online stores like Amazon, Flipkart, Shopify, Myntra, Ebay, Quikr, Olx are examples of E-commerce websites. • By 2020, global retail e-commerce can reach up to $27 Trillion. Prof. Sainath Patil 10
Types of E-Commerce Models 1. Business to Business • This is Business to Business transactions. Here the companies are doing business with each other. • The final consumer is not involved. • So the online transactions only involve the manufacturers, wholesalers, retailers etc. Prof. Sainath Patil 11
Types of E-Commerce Models 2. Business to Consumer • Here the company will sell their goods and/or services directly to the consumer. • The consumer can browse their websites and look at products, pictures, read reviews. • Then they place their order and the company ships the goods directly to them. • Popular examples are Amazon, Flipkart, Jabong etc. Prof. Sainath Patil 12
Types of E-Commerce Models 3. Consumer to Consumer • Consumer to consumer, where the consumers are in direct contact with each other. No company is involved. • It helps people sell their personal goods and assets directly to an interested party. • Usually, goods traded are cars, bikes, electronics etc. OLX, Quikr etc follow this model. Prof. Sainath Patil 13
Types of E-Commerce Models 4. Consumer to Business • This is the reverse of B 2 C, it is a consumer to business. • So the consumer provides a good or some service to the company. • Say for example an IT freelancer who demos and sells his software to a company. This would be a C 2 B transaction. Prof. Sainath Patil 14
Advantages of E-Commerce E-commerce provides the sellers with a global reach. They remove the barrier of place (geography). Now sellers and buyers can meet in the virtual world, without the hindrance of location. Electronic commerce will substantially lower the transaction cost. It eliminates many fixed costs of maintaining brick and mortar shops. This allows the companies to enjoy a much higher margin of profit. It provides quick delivery of goods with very little effort on part of the customer. Customer complaints are also addressed quickly. It also saves time, energy and effort for both the consumers and the company. Prof. Sainath Patil 15
Advantages of E-Commerce One other great advantage is the convenience it offers. A customer can shop 24× 7. The website is functional at all times, it does not have working hours like a shop. Electronic commerce also allows the customer and the business to be in touch directly, without any intermediaries. This allows for quick communication and transactions. It also gives a valuable personal touch. Prof. Sainath Patil 16
Disadvantages of E-Commerce The start-up costs of the e-commerce portal are very high. The setup of the hardware and the software, the training cost of employees, the constant maintenance and upkeep are all quite expensive. Although it may seem like a sure thing, the e-commerce industry has a high risk of failure. Many companies riding the dotcom wave of the 2000 s have failed miserably. The high risk of failure remains even today. At times, e-commerce can feel impersonal. So it lacks the warmth of an interpersonal relationship which is important for many brands and products. This lack of a personal touch can be a disadvantage for many types of services and products like interior designing or the jewelry business. Prof. Sainath Patil 17
Disadvantages of E-Commerce Security is another area of concern. Only recently, we have witnessed many security breaches where the information of the customers was stolen. Credit card theft, identity theft etc. remain big concerns with the customers. Then there also fulfillment problems. Even after the order is placed there can be problems with shipping, delivery, mix-ups etc. This leaves the customers unhappy and dissatisfied. Ref: https: //www. toppr. com/guides/business-environment/emerging-trends-in-business/electronic-commerce/ Prof. Sainath Patil 18
E-commerce in India In may 1998, the government of india took initiative to promote ecommerce by setting up National IT task Force. • One key objective of task force was to suggests ways by which to proliferate access to internet. • The e-commerce has transformed the way business is done in India. • The Indian e-commerce market is expected to grow to US$ 200 billion by 2026 from US$ 38. 5 billion as of 2017. • Propelled by rising smartphone penetration, the launch of 4 G networks and increasing consumer wealth, the Indian e-commerce market is expected to grow to US$ 200 billion by 2026 • Prof. Sainath Patil 19
E-commerce in India Some of the major developments in the Indian e-commerce sector are as follows: • Flipkart, after getting acquired by Walmart for US$ 16 billion, is expected to launch more offline retail stores in India to promote private labels in segments such as fashion and electronics. • Paytm has launched its bank - Paytm Payment Bank. Paytm bank is India's first bank with zero charges on online transactions, no minimum balance requirement and free virtual debit card • As of June 2018, Google is also planning to enter into the Ecommerce space by November 2018. • Reliance retail is going to launch online retail this year. It has already launched its food and grocery app for beta testing among its employees. • Google and Tata Trust have collaborated for the project ‘Internet Prof. Sainath Patil 20 Saathi’ to improve internet penetration among rural women in India.
The incidence of cyberlaw in e-commerce • The fundamental of e-commerce rests mainly on the legality of econtracts entered between two or more parties, apart from some other civil and criminal aspects. • The entire framework of the commercial world is built upon basic principles of contracts and legal issues related with it. • The incidence of cyber law as far as e-commerce is concerned, following major areas need to be consider; 1. 2. 3. 4. 5. The contract aspect The security aspect The intellectual property The evidential aspect Criminal aspect Prof. Sainath Patil 21
The Contract Aspects in Cyber Law Prof. Sainath Patil 22
Contract • Contract is an agreement made by two or more persons/parties that is enforceable by law. It consist of voluntary promises to do or not to certain things. • Any contract includes three essential elements: • an offer, • an acceptance and • consideration. • The Contract is formed when one party accepts the offer of another party. Prof. Sainath Patil 23
Contract • An offer is a commitment with certain terms made to another party such as declaration of willingness to buy or sell a product or service. • An acceptance is the expression of willingness to take an offer, including all of its stated terms. • Consideration is the agreed upon exchange of something valuable, such as money, property or future services. • Offers and acceptances can occur when parties exchange email messages, engage in electronic data interchange (EDI) or fill out forms on web pages. • These Internet communications can be combined with traditional methods of forming contracts, such as exchange of paper documents, faxes and verbal agreements made over the telephone or in person. Prof. Sainath Patil 24
Contract The following provisions have been made legally recognized in order to facilitate E-contract; • The concept of “Originator and Addressee” • The concept of “Acknowledgement of Receipt” of Record/ Data as apart of legal process • The concept of “Time and Place of Dispatch and Receipt” Prof. Sainath Patil 25
The concept of “Originator and Addressee” Section 11 of IT Act 2000 is; • An electronic record shall be attributed to the originator a. if was sent by originator himself; b. by a person who had authority to act on behalf of the originator; c. by an information system programmed by or on behalf of the originator to operate automatically. • The addressee is entitled to act on assumption that the particular person is originator. Prof. Sainath Patil 26
The concept of “Acknowledgement of Receipt” of Record/ Data as apart of legal process Section 12 of IT Act 200 is reproduced below; Acknowledgement of Receipt 12(1). Where the originator has not agreed with the addressee that the acknowledge given in any particular form or by any method, an acknowledgement may be given by a. any communication by the addressee, automated or otherwise; or b. any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. Prof. Sainath Patil 27
The concept of “Time and Place of Dispatch and Receipt” Section 13 of IT Act 200 is reproduced below; Time and Place of Dispatch and Receipt of electronic record. 13(1). Save as otherwise agreed between the originator and addressee, the time of dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator. (2) Save as otherwise agreed between the originator and addressee, the time of receipt of an electronic record shall be determined as; a. if the addressee has designated a computer resource for the purpose of receiving electronic records i. receipt occurs at time when electronic record enters the designated computer resource; or ii. If the electronic record is sent to a computer resource of the addressee that is not designated, receipt occurs at the time when electronic record is retrieved by addressee. (3) Save as otherwise agreed between both; an electronic record is deemed to “ be dispatched at the place where originator has a place of his business and is deemed to received at the place where addressee has a place of his business. Prof. Sainath Patil 28
The Security Aspect of Cyber Law The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on e-commerce in 1996. The Information Technology Act, 2000, was passed as the Act No. 21 of 2000, got President assent on 9 June and was made effective from 17 October 2000. The Act essentially deals with the following issues: Legal Recognition of Electronic Documents Legal Recognition of Digital Signatures Offenses and Contraventions Justice Dispensation Systems for cyber crimes. Prof. Sainath Patil 29
The Security Aspect of Cyber Law The ITA-2000 defines many important words used in common computer parlance like ‘access’, ‘computer resource’, ‘computer system’, ‘communication device’, ‘data’, ‘information’, ’security procedure’ etc. The definition of the word ‘computer’ itself assumes significance here. ‘Computer’ means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network; Prof. Sainath Patil 30
The Security Aspect of Cyber Law • ‘computer system’ which means a device or a collection of devices with input, output and storage capabilities. • ‘communication devices’ inserted in the ITAA-2008 has been given an inclusive definition, taking into its coverage cell phones, personal digital assistance or such other devices used to transmit any text, video etc like what was later being marketed as i. Pad or other similar devices on Wi-fi and cellular models. Prof. Sainath Patil 31
The Security Aspect of Cyber Law • Digital Signature: ‘Electronic signature’ was defined in the ITAA -2008 whereas the earlier ITA -2000 covered in detail about digital signature, defining it and elaborating the procedure to obtain the digital signature certificate and giving it legal validity. • Digital signature was defined in the ITA -2000 as “authentication of electronic record” as per procedure laid down in Section 3 and Section 3 discussed the use of asymmetric crypto system and the use of Public Key Infrastructure and hash function etc. • This was later criticized to be technology dependent ie. , relying on the specific technology of asymmetric crypto system and the hash function generating a pair of public and private key authentication etc. Prof. Sainath Patil 32
The Intellectual Property Aspect in Cyber Law Ref: http: //www. legalservicesindia. com/article/1742/Intellectual-Property-Rights-in. India. html#target. Text=Intellectual%20 Property%20 Rights%20 in%20 India, are%20 considered%20 as%20 industrial%20 property. Prof. Sainath Patil 33
WIPO • World Intellectual Property Organization (WIPO) is an international agency that works for the protection of legal rights in artistic and literary works, inventions, trademarks, and other original creations. Such rights are known as Intellectual Property Right (IPR). The organization works for the promotion of international agreements on copyright, patents, trademarks and other original creation. It also provides technological information and other assistance to developing countries. Prof. Sainath Patil 34
WIPO • WIPO has membership more than 110 countries. • WIPO is situated in Geneva, Switzerland. • It play an important role in educating intellectual property officials worldwide about importance of establishing and implementing strong intellectual property laws. Prof. Sainath Patil 35
WIPO • Three treaties were prepared by WIPO namely; 1. Copyright of Electronic Records, 2. Protection of performers and Producers of Phonograms, and 3. New form of Sui-genesis (of one’s own origin) protection database. Prof. Sainath Patil 36
Intellectual Property Rights in India • Intellectual Property Rights are legal rights governing the use of creations of the human mind. • The recognition and protection of these rights is of recent origin. • Patents, designs and trademarks are considered as industrial property. • As per International Convention for the protection of industrial (Paris Convention) the protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations or origin and the repression of unfair competition when copyrights, Geographical indicators, layout Designs and confidential information were included to industrial property, they all become intellectual property. Prof. Sainath Patil 37
Intellectual Property Rights in India According to Trade Related aspects of Intellectual Property right. S(TRIPS), the intellectual property rights are: 1) Copyright and Related Rights a) Rights of artists, painters, musicians sculptors, photographers, and authors for copyright in their works; b) Rights of computer programs whether in source or object code for a copyright in their programs and compilation data; c) Rights of performers producers of phonogram’s and broadcasting organizations in respect of fixation on their programs for copyright in their work. Prof. Sainath Patil 38
Intellectual Property Rights in India 2) Right of traders in their trademarks • Trademark is anything which identifies the origin of the goods or services. • It can be a name, symbol, logo, colour, sound etc. • Trademark symbolizes the value or goodwill associated with the goods and its specific source. • It distinguishes one firm from others. • Benefits of trademarks are; • It helps consumers to identify products with desirable attributes quickly. • It encourages firms to improve quality of their product. • In absence of any identification mark, it would be difficult to distinguish the duplicates from high quality products. Prof. Sainath Patil 39
Intellectual Property Rights in India 3) Right of manufacturers & producers on geographical indication in relation to such products and produce; • A geographical indication is a name or sign used on certain products which corresponds to a specific geographical location or origin (e. g. a town, region, or country). • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 has come into force with effect from 15 September 2003. • GIs have been defined under Article 22(1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) Agreement as: “Indications which identify a good as originating in the territory of a member, or a region or a locality in that territory, where a given quality, reputation or characteristic of the good is essentially. Prof. Sainath Patil attributable to its geographic origin. ” 40
Intellectual Property Rights in India 4) Right of designers for their distinctive design striking to the eye. • Industrial Designs: § Industrial design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or both forms, by any industrial process or means whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction and does not include any trademark. Prof. Sainath Patil 41
Intellectual Property Rights in India 5) Patents: a) Right of the inventor for patent is his invention. b) Rights of plant breeders and farmers. c) Rights of biological diversity. Prof. Sainath Patil 42
Intellectual Property Rights in India 6) Right of computer technologist for their layout design of integrated circuits. • Lay-out Designs of Integrated Circuits: § In the case of layout designs of integrated circuits the property consists in the exclusive right to apply the layout design registered under statute in relation to the class of goods for which it is registered for a prescribed period. § The right can also be licensed for use by third party or assign to any person. Prof. Sainath Patil 43
Intellectual Property Rights in India 7) Right of businessmen for protection of their undisclosed information on technology and management. • Confidential information and know-how can be protected only so long as the owner is able to keep them secret and takes action against unlawful use of such information by others by an action for breach of confidence or contract. Prof. Sainath Patil 44
The Evidence Aspect in Cyber Law Ref: https: //www. linkedin. com/pulse/electronic-evidence-digital-cyber-law-india-adv-prashant-mali#target. Text=Section%203%20 of%20 the%20 Evidence, the%20 inspection%20 of%20 the%20 court. Prof. Sainath Patil 45
Digital Evidence • Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. • Before accepting digital evidence, it is vital that the determination of its relevance, veracity and authenticity be ascertained by the court and to establish if the fact is hearsay or a copy is preferred to the original. • Evidence is not only limited to that found on computers but may also extend to include evidence on digital devices such as telecommunication or electronic multimedia devices. Prof. Sainath Patil 46
Digital Evidence • The e-EVIDENCE can be found in; • e-mails, • digital photographs, • ATM transaction logs, • word processing documents, • instant message histories, • files saved from accounting programs, spreadsheets, • internet browser histories databases, • Contents of computer memory, • Computer backups, • Computer printouts, • Global Positioning System tracks, • Logs from a hotel’s electronic door locks, • Digital video or audio files. Prof. Sainath Patil 47
Cyber Laws for digital Evidence • Section 3 of the Evidence Act, 1872 defines evidence as under: "Evidence" - Evidence means and includes: - 1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; 2) all documents including electronic records produced for the inspection of the court. Such documents are called documentary evidence. • The term 'electronic records' has been given the same meaning as that assigned to it under the IT Act. • IT Act provides for "data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer-generated microfiche". Prof. Sainath Patil 48
Section 17 • Section 17 : The definition of 'admission' (Section 17 of the Evidence Act) has been changed to include a statement in oral, documentary or electronic form which suggests an inference to any fact at issue or of relevance. Prof. Sainath Patil 49
Section 22 -A • New Section 22 -A has been inserted into Evidence Act, to provide for the relevancy of oral evidence regarding the contents of electronic records. • It provides that oral admissions regarding the contents of electronic records are not relevant unless the genuineness of the electronic records produced is in question. • The definition of 'evidence' has been amended to include electronic records. • The definition of 'documentary evidence' has been amended to include all documents, including electronic records produced for inspection by the court. Prof. Sainath Patil 50
Sections 65 -A and 65 -B • New sections 65 -A and 65 -B are introduced to the Evidence Act, under the Second Schedule to the IT Act. Section 65 -A provides that the contents of electronic records may be proved in accordance with the provisions of Section 65 -B. • Section 65 -B provides that notwithstanding anything contained in the Evidence Act, any information contained in an electronic, is deemed to be a document and is admissible in evidence without further proof of the original's production, provided that the conditions set out in Section 65 -B are satisfied. Prof. Sainath Patil 51
The Criminal Aspect in Cyber Law Prof. Sainath Patil 52
Crime & Cyber Crime • Crime in any form adversely affects all the members of the society. • In developing economies, cyber crime has increased at rapid strides, due to the rapid diffusion of the Internet and the digitisation of economic activities. • Thanks to the huge penetration of technology in almost all walks of society right from corporate governance and state administration, up to the lowest level of petty shop keepers computerizing their billing system, we find computers and other electronic devices pervading the human life. • The penetration is so deep that man cannot spend a day without computers or a mobile. Prof. Sainath Patil 53
Crime & Cyber Crime • Cyber Crime is not defined in Information Technology Act 2000 nor in the I. T. Amendment Act 2008 nor in any other legislation in India. • Offence or crime has been dealt with elaborately listing various acts and the punishments for each, under the Indian Penal Code, 1860 and quite a few other legislations too. • Hence, to define cyber crime, we can say, it is just a combination of crime and computer. • To put it in simple terms ‘any offence or crime in which a computer is used is a cyber crime’. • The I. T. Act defines a computer, computer network, data, information and all other necessary ingredients that form part of a cyber crime. • In a cyber crime, computer or the data itself the target or the Prof. Sainath Patil object of offence or a tool in committing some other offence, 54
Cyber laws for IT • Cyber law (also referred to as cyberlaw) is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i. e. the Internet. • It is less a distinct field of law in the way that property or contract are as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. • In essence, cyber law is an attempt to integrate the challenges presented by human activity on the Internet with legacy system of laws applicable to the physical world. Prof. Sainath Patil 55
Advantages of Cyber Laws • The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. • From the perspective of e-commerce in India, the IT Act 2000 and its provisions contain many positive aspects. • Firstly, the implications of these provisions for the e-businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law. • Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act. • Digital signatures have been given legal validity and sanction in the Act. Prof. Sainath Patil 56
Advantages of Cyber Laws • The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issuing Digital Signatures Certificates. • The Act now allows Government to issue notification on the web thus heralding e-governance. • The Act enables the companies to file any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in electronic form by means of such electronic form as may be prescribed by the appropriate Government. • The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions. Prof. Sainath Patil 57
Cyber laws for IT • Section 43 deals with penalties and compensation for damage to computer, computer system etc. This section is the first major and significant legislative step in India to combat the issue of data theft. • Earlier in the ITA -2000 the maximum damages under this head was Rs. 1 crore, which (the ceiling) was since removed in the ITAA 2008. • Section 43 -A dealing with compensation for failure to protect data was introduced in the ITAA -2008. • This is another watershed in the area of data protection especially at the corporate level. • As per this Section, where a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected. Prof. Sainath Patil 58
Cyber laws for IT • Section 65: Tampering with source documents is dealt with under this section. • Concealing, destroying, altering any computer source code when the same is required to be kept or maintained by law is an offence punishable with three years imprisonment or two lakh rupees or with both. • Fabrication of an electronic record or committing forgery by way of interpolations in CD produced as evidence in a court (Bhim Sen Garg vs State of Rajasthan and others, 2006, Cri LJ, 3463, Raj 2411) attract punishment under this Section. Computer source code under this Section refers to the listing of programs, computer commands, design and layout etc in any form. Prof. Sainath Patil 59
Cyber law for IT • Section 66: Computer related offences are dealt with under this Section. • Data theft stated in Section 43 is referred to in this Section. • The act of data theft or the offence stated in Section 43 if done dishonestly or fraudulently becomes a punishable offence under this Section and attracts imprisonment upto three years or a fine of five lakh rupees or both. Prof. Sainath Patil 60
Cyber laws for IT • 66 A Sending offensive messages thro communication service, causing annoyance etc through an electronic communication or sending an email to mislead or deceive the recipient about the origin of such messages (commonly known as IP or email spoofing) are all covered here. Punishment for these acts is imprisonment upto three years or fine. • 66 B Dishonestly receiving stolen computer resource or communication device with punishment upto three years or one lakh rupees as fine or both. • 66 C Electronic signature or other identity theft like using others’ password or electronic signature etc. Punishment is three years imprisonment or fine of one lakh rupees or both. Prof. Sainath Patil 61
Cyber laws for IT • 66 D Cheating by personation using computer resource or a communication device shall be punished with imprisonment of either description for a term which extend to three years and shall also be liable to fine which may extend to one lakh rupee. • 66 E Privacy violation – Publishing or transmitting private area of any person without his or her consent etc. Punishment is three years imprisonment or two lakh rupees fine or both. • 66 F Cyber terrorism – Intent to threaten the unity, integrity, security or sovereignty of the nation and denying access to any person authorized to access the computer resource or attempting to penetrate or access a computer resource without authorization. Punishment is life imprisonment. Prof. Sainath Patil 62
Cyber laws for IT • Section 67 deals with publishing or transmitting obscene material in electronic form. The earlier Section in ITA was later widened as per ITAA 2008 in which child pornography and retention of records by intermediaries were all included. • Section 67 -A deals with publishing or transmitting of material containing sexually explicit act in electronic form. Contents of Section 67 when combined with the material containing sexually explicit material attract penalty under this Section. • Section 67 B has been exclusively dealt with Child Pornography. Punishment for the first conviction is imprisonment for a maximum of five years and fine of ten lakh rupees and in the event of subsequent conviction with imprisonment of seven years and fine of Prof. Sainath Patil 63 ten lakh rupees.
Cyber laws for IT • Section 69: This is an interesting section that, it empowers the Government or agencies to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource. • Section 69 A inserted in the ITAA, vests with the Central Government or any of its officers with the powers to issue directions for blocking for public access of any information through any computer resource, under the same circumstances as mentioned above. • Section 69 B discusses the power to authorize to monitor and collect traffic data or information through any computer resource. Prof. Sainath Patil 64
- Slides: 64