Wednesday, April 20, 2011

Cyber Laws-one should know





We all are facing the problem of Hacking in one or the other way. But do we all know about the laws in which that culprit "Cracker" can really be punished?

If not, then, HANS is making an effort to make you aware about your rights so that a right step can be taken at the right time so that this "CYBER TERRORISM" can actually be stopped.


Section 43 - Unauthorised Access means Using someone account without permission and authentication.


Under the IT Act, 2008 no limit on amount of compensation for offences under Section 43.


Under IT Act, 2008 all the acts referred under section 43, are also covered u/Sec. 66 if they are done "dishonestly" or "fraudulently".


Section 66(A) Sending of offensive or false messages , Also known as "Cyber Stalking"


Section 66(B) Dishonestly receiving stolen computer resource or communication device


Also covers use of stolen Computers, mobile phones, SIM Cards, etc


Punishment – imprisonment upto 3 years or fine upto Rs. 1 lakh or both



Section66(C) Identity theft


Fraudulently or dishonestly using someone else's electronic signature, password or any other unique identification feature.


Punishment - Imprisonment upto 3 years and fine upto Rs. 1 lakh




Section 66(D) Cheating by personation


Cheating by pretending to be some other person


Punishment – imprisonment upto 3 years and fine upto Rs. 1 lakh.


Covers sending of menacing, offensive or false messages via SMS/EMAIL/MMS


Punishment – imprisonment upto 3 years and fine.


Section 66(E) Violation of Privacy ,Popularly known as Voyeurism


Pune spy cam incident where a 58-year old man was arrested for installing spy cameras in his house to 'snoop' on his young lady tenants




Covers acts like hiding cameras in changing rooms, hotel rooms, etc


Punishment –Imprisonment upto 3 years or fine upto Rs. 2 lakh or both.




Section 66(F) Cyber terrorism


Whoever uses cyberspace with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people


Punishment - Imprisonment which may extent to life imprisonment




Section 67 - Publishing or transmitting obscene material in electronic form.


Punishment


First instance - imprisonment upto 3 years and fine upto Rs. 5 lakh.


Subsequent - imprisonment upto 5 years and fine upto Rs. 10 lakh.

Section 67(A) Cyber Pornography.


Publishing or transmitting sexually explicit acts in the electronic form


Similarity with Sec. 292 IPC


Punishment


First instance - imprisonment upto 5 years Subsequent - imprisonment upto 7 years Fine upto Rs. 10 lakh.




Section 67(B)


Creating, collecting, browsing, downloading, etc of Child Pornography


Punishment


First instance - imprisonment upto 5 years.


Subsequent - imprisonment upto 7 years


Fine upto Rs. 10 lakh.




Section 69 – Government's power to intercept


Government to intercept, monitor or decrypt any information generated through any computer resource if it thinks to do so in the interest of the sovereignty or integrity of India.


Section 67(C) – Preservation of information by intermediaries


Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.




Section 72(A) - Liability of Intermediary not to disclose any personal information


Intermediary to act as per the terms of its lawful contract and not beyond it.


Punishment – imprisonment upto 3 years or fine upto 5 lakh or both.




Section 79- Liability of Intermediary


An intermediary not to be liable for any third party information, data, or communication link made available or hosted by him.




Liability of Intermediary:-


Intermediary need to prove that he didn't –




* Initiate the transmission,


* Select the receiver of the transmission, and


* Select or modify the information contained in the transmission and






The intermediary observes due diligence while discharging his duties under the Act.




Section 84(B) – Abetment


Abetting to commit an offence is punishable


Punishment – Same punishment provided for the offence under the Act


Section 84(C) – Abetment


Attempt to commit an offence is punishable.


Punishment – Imprisonment which may extend to one-half of the longest term of imprisonment provided for that offence


Section 78 – Investigation Powers


As per the IT Act, 2008 Cyber crime cases can be investigated by the "Inspector" rank police officers.


Under the IT Act, 2000 such powers were with the "DYSP/ACP".




Section 77 (A) – Compounding of Offences


Compounding – "Out of court settlement"




Offences


* "for which less than three years imprisonment has been provided" can be compounded.


* Such offence should not affect the socio economic conditions of the country or


* has been committed against a child below the age of 18 years or a woman.








These are the"Laws" according to the "IT AMENDMENT ACT 2008" which was passed in 2009. We all should be aware of our CYBER RIGHTS, so that we together can fight with the "CYBER THREATS





















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