Rohas Nagpal, Asian School of Cyber Laws

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

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

 Section 67 applies to: SMS, s, websites, mp3 ??  Stringent punishment: 5 years + 1 lakh fine 10 years + 2 lakh fine

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

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

 3 years jail and / or 2 lakh fine

 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

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

 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.

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

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

 2 years jail and / or Rs 1 lakh

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

 Facilitating unauthorized access  Computer fraud

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

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

 as evidence  Certificate u/s 65B of Indian Evidence Act  Bankers’ Books Evidence Act Applicable to cheque bouncing cases also  Digital signatures as evidence

Rohas Nagpal, Asian School of Cyber Laws