Cyber law

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Cyber law:

Cyber law JUDE JERRY SALMON I

FRAMEWORK:

FRAMEWORK International Legal Landscape Case laws Cyber Security - Indian Initiatives Incidence of Cyber Crime in India IT Act 2000 Positive Aspects Grey Areas Offences & Punishments Better Enforcement Initiatives

Extraterritorial Investigation :

Extraterritorial Investigation United States vs. Gorshkhov Vasily Gorshkhov and Alexy Ivanov Expert group of Protection Against Hackers Thousands of stolen credit cards Blackmailed US companies like Speakeasy, Paypal The Invita Corporation Sting Key loggers, exfiltration

Extraterritorial Investigation :

Extraterritorial Investigation Holding US courts have no search warrant authority in Russia Federal Wiretap issue is not addressed CIA Special Agent Marty Prewett awarded the Director’s Annual Award for Outstanding Criminal Investigation Same agent indicted under Russian Cyber Crime Law

EXTRADITION:

EXTRADITION United States vs. McKinnon Indicted in US in 2002 by Federal Grand Jury Army’s CCIU collects 1TB of evidence Deleted 1300 user accounts, stole 950 passwords, broke into 97 govt. computers - $700000 damage, faced max 70 years in jail Biggest Military computer hack of all time He claims he was only trying to find info on UFOs

McKinnon’s Case (contd.):

McKinnon’s Case (contd.) US sought extradition from UK, June 05 12 Apr 06: Prosecution provides unsigned note from US Embassy – No trial under military order 10 May 06: UK Court approves extradition 7 Jul 06: Home Secretary approves

McKinnon’s Case (contd.):

McKinnon’s Case (contd.) Appeals 13 Feb 07: Appeal in London High Court 13 Jul 08: House of Lords upholds extradition 12 Aug 08: EHRC directs UK not to extradite McKinnon 23 Jan 09: Judicial block of extradition ordered to reassess Home Secretary’s decision 17 Feb 09: Home Sec’y decided to try McK in UK 24 Jan 10: Judiciary grants new review for May 2010 20 May 10: Home Sec’y cancels hearing to reconsider the case

INDIAN INITIATIVES:

INDIAN INITIATIVES No general data protection or privacy law in India IT Act 2000 Amending other Acts CERT – IND CCTNS

Incidence of Cyber crime in India:

Incidence of Cyber crime in India Non Reporting-causes 60% feared negative publicity 23% did not know police equipped to handle cyber crimes 9% feared further cyber attacks 8% had no awareness of cyber laws False arrest concerns Source: ASCL Survey,2008

IT ACT 2000:

IT ACT 2000 Information Technology Act, 2000 came into force on 17th October 2000 IT (Amendment) Act,2008 Extends to the whole of India Act also applies to offence or contravention committed outside India by any person irrespective of his nationality, if such act involves a computer, computer system or network located in India

POSITIVE ASPECTS:

POSITIVE ASPECTS Legal recognition of the E-commerce Digital Signatures and Regulatory Regime Electronic Documents at par with paper documents E-Governance Electronic Filing of Documents Amend certain Acts Define Civil wrongs, Offences, punishments Investigation, Adjudication Appellate Regime

GREY AREAS:

GREY AREAS Conflict of Jurisdiction Domain names Intellectual Property Rights Various kinds of cyber crimes are not defined Privacy and content regulation Parameters for its implementation

OFFENCES:

OFFENCES Section 65: Source Code imprisonment up to three years and / or fine up to Rs. 2 lakh Section 66: Hacking imprisonment up to three years and / or fine up to Rs. 2 lakh Section 69: Decryption of information Person in charge of the computer resource fails to facilitate decryption of the information Punishment up to 7 years

OFFENCES:

OFFENCES Section 67: Pornography On first conviction imprisonment up to five years and fine up to Rs. 1 lakh On subsequent conviction imprisonment up to ten years and fine up to Rs. 2 lakh Cognizable Section 70: Protected System Imprisonment up to 10 years and fine Cognizable

Computer Related Crimes under IPC and Special Laws:

Computer Related Crimes under IPC and Special Laws Arms Act Online sale of Arms Sec. 383 IPC Web - Jacking NDPS Act Online sale of Drugs Sec 416, 417, 463 IPC Email spoofing Sec 420 IPC Bogus websites, cyber frauds Sec 470 , 471 IPC Forgery of electronic records Sec 499, 500 IPC Sending defamatory messages by email Sec 503 IPC Sending threatening messages by email

Better Enforcement Initiatives :

Better Enforcement Initiatives Mumbai Cyber lab is a joint initiative of Mumbai police and NASSCOM Suggested amendments to the IT (Amendment) Act,2008- new provisions for child pornography, etc More Public awareness campaigns Training of police officers to effectively combat cyber crimes More Cyber crime police cells set up across the country More 24/7 Nodes

Better Enforcement Initiatives :

Better Enforcement Initiatives Effective E-surveillance Websites aid in creating awareness and encouraging reporting of cyber crime cases. Specialized Training of forensic investigators and experts Active coordination between police and other law enforcement agencies and authorities is required.

THANK YOU:

THANK YOU