7years of Indian Cyber Law

8/7/2019 7years of Indian Cyber Law

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7 years of 7 years of

Indian Cyber LawIndian Cyber LawRohas Nagpal

President,Asian School of Cyber Laws

Cyber PornographyCyber Pornography

Cyber PornographyCyber PornographySection 67 of IT Act± Publishing, transmitting, causing to be

published± Porn in the electronic form

Strict punishment± 5 years jail (SI or RI) + 1 lakh fine± 10 years jail (SI or RI) + 2 lakh fine

Baazee case

O bscene MMS clipping listed for sale on27 th November, 2004 - ³DPS Girl havingfun".

Some copies sold through Baazee.com

Avnish Bajaj (CE O ) arrested and his bailapplication was rejected by the trial court.

Points of the prosecutionPoints of the prosecutionThe accused did not stop payment throughbanking channels after learning of theillegal nature of the transaction.

The item description "DPS Girl having fun"should have raised an alarm.

Points of the defencePoints of the defenceSection 67 relates to publication of obscene material and not transmission.

Remedial steps were taken within 38hours, since the intervening period was aweekend.

Findings of the Court

It has not been established from the evidence thatany publication took place by the accused, directly

or indirectly.

The actual obscene recording/clip could not beviewed on the portal of Baazee.com.

The sale consideration was not routed through theaccused.

Prima facie Baazee.com had endeavored to plugthe loophole.

The accused had actively participated in theinvestigations.

The nature of the alleged offence is such that theevidence has already crystallized and may even betamper proof.

Even though the accused is a foreign citizen, he isof Indian origin with family roots in India.

The evidence indicates± only that the obscene material may have been

unwittingly offered for sale on the website.

± the heinous nature of the alleged crime may beattributable to some other person.

Court order Court order The court granted bail to Mr. Bajaj subjectto furnishing two sureties of Rs. 1 lakheach.

The court ordered Mr. Bajaj to

± surrender his passport± not to leave India without Court permission± to participate and assist in the investigation.

Protected SystemsProtected Systems

Protected SystemsProtected SystemsGazette notification for declaring protectedsystem.

Government order authorizing persons toaccess protected systems.

10 years jail for accessing or attempting toaccess protected systems.

Firos vs. State of Kerala

Govt of Kerala declared the FRIENDSapplication software as a protected system.

The author of the application softwarechallenged the notification and the

constitutional validity of section 70.

The Court upheld the validity of both

T ampering with source codeT ampering with source code

Tampering with source code

Computer source code need not only be inthe electronic form.

It can be printed on paper (e.g. printouts of flowcharts for designing a softwareapplication).

Tampering with source code

Following are punishable with 3 years jailand / or 2 lakh fine:± Concealing± Altering± Destroying

Syed Asifuddin caseSyed Asifuddin caseTata Indicom employees were arrested for manipulation of the electronic 32-bit number

(ESN) programmed into cell phones that wereexclusively franchised to Reliance Infocomm.

The court held that such manipulation amounted totampering with computer source code asenvisaged by section 65.

D igital EvidenceD igital Evidence

Parliament attack caseParliament attack caseSeveral terrorists attacked Parliament Houseon 13-Dec-01

Digital evidence played an important roleduring their prosecution.

The accused had argued that computers anddigital evidence can easily be tampered andhence should not be relied upon.

Parliament attack caseParliament attack caseA laptop, several smart media storage disksand devices were recovered from a truck

intercepted at Srinagar pursuant toinformation given by two of the suspects.

These articles were deposited in the police³malkhana´ on 16-Dec-01 but some fileswere written onto the laptop on 21-Dec-01.

Parliament attack caseParliament attack caseEvidence found on the laptop included:± fake identity cards,± video files containing clippings of political

leaders with Parliament in background shotfrom TV news channels,

± scanned images of front and rear of a genuineidentity card,

Parliament attack caseParliament attack case± image file of design of Ministry of Home

Affairs car sticker,

± the game 'wolf pack' with the user name'Ashiq'. Ashiq was the name in one of the fakeidentity cards used by the terrorists.

Parliament attack caseParliament attack caseNo forensic backup was taken.

Court held that:± Challenges to the accuracy of computer

evidence should be established by thechallenger.

± Mere theoretical and generic doubts cannot becast on the evidence.

G eneral OverviewG eneral Overview

General overview

Information Technology Act

Filing complaints

Power of the police (search, arrest etc)

Hacking

General overview

Malicious code

DO S attacks

Piracy

Rohas NagpalPresident

Asian School of Cyber Laws

rohasnagpal.comrn@asianlaws.org

7years of Indian Cyber Law

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