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Rohas Nagpal, Asian School of Cyber Laws.  Information Technology Act, 2000  Imprisonment upto 10 years  Compensation upto Rs 1 crore  Indian Penal.

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Presentation on theme: "Rohas Nagpal, Asian School of Cyber Laws.  Information Technology Act, 2000  Imprisonment upto 10 years  Compensation upto Rs 1 crore  Indian Penal."— Presentation transcript:

1 Rohas Nagpal, Asian School of Cyber Laws

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

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

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

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

6 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

7  3 years jail and / or 2 lakh fine

8

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10  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

11  3 years jail and / or 2 lakh fine  Tata Indicom employees case

12  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.

13  7 years jail  Forgotten password (?)  Deleted private keys (?)  Unconstitutional (?)

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

15  2 years jail and / or Rs 1 lakh

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

17  Facilitating unauthorized access  Computer fraud

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

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

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

21 Rohas Nagpal, Asian School of Cyber Laws


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