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Rohas Nagpal, Asian School of Cyber Laws
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Information Technology Act, 2000 Imprisonment upto 10 years Compensation upto Rs 1 crore Indian Penal Code, Evidence Act Code of Criminal Procedure
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Section 67 covers: Publishing Transmitting Causing to be published In respect of pornography in the electronic form Baazee case
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Section 67 applies to: SMS, emails, websites, mp3 ?? Stringent punishment: 5 years + 1 lakh fine 10 years + 2 lakh fine
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Liability of receiver of pornography? Is it a crime to watch pornography? Is cyber café owner responsible?
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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
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3 years jail and / or 2 lakh fine
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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
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3 years jail and / or 2 lakh fine Tata Indicom employees case
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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.
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7 years jail Forgotten password (?) Deleted private keys (?) Unconstitutional (?)
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Save as otherwise provided by law Police etc secured access to any electronic information Discloses material without the consent of the person concerned
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2 years jail and / or Rs 1 lakh
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Unauthorised access Unauthorized copying, downloading, extracting Introducing computer worm / virus Denial of service
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Facilitating unauthorized access Computer fraud
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For investigation Controller of Certifying Authorities Deputy Superintendent of Police CERT-IND For adjudication Adjudicating Officer Cyber Appellate Tribunal Criminal Courts
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Liability of Network Service Providers Liability of Companies Arrest without warrant Search and seizure
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Email as evidence Certificate u/s 65B of Indian Evidence Act Bankers’ Books Evidence Act Applicable to cheque bouncing cases also Digital signatures as evidence
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Rohas Nagpal, Asian School of Cyber Laws
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