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Penal Law: Provisions under Indian Penal Code.
Gautam Jayasurya,
3rd Year B.A (Hons) LLB,
Rajiv Gandhi National University of Law,
Patiala,
Punjab.
SSRN Author Page:
Twitter: http://twitter.com/goutamjaybe
Penal Law: Provisions under Indian Penal Code.
Gautam Jayasurya,
3rd Year B.A (Hons) LLB,
Rajiv Gandhi National University of Law,
Patiala,
Punjab.
SSRN Author Page:
Twitter: http://twitter.com/goutamjaybe
Авторское право:
Attribution Non-Commercial (BY-NC)
Доступные форматы
Скачайте в формате PPT, PDF, TXT или читайте онлайн в Scribd
Penal Law: Provisions under Indian Penal Code.
Gautam Jayasurya,
3rd Year B.A (Hons) LLB,
Rajiv Gandhi National University of Law,
Patiala,
Punjab.
SSRN Author Page:
Twitter: http://twitter.com/goutamjaybe
Авторское право:
Attribution Non-Commercial (BY-NC)
Доступные форматы
Скачайте в формате PPT, PDF, TXT или читайте онлайн в Scribd
Cyber-space: A floating electronic environment which is
accessible internationally. Right to privacy (Art 21) Secret information appropriation and data theft. Demolition of e-governance base. Distributed denial of services attack – Infecting local systems – manipulating illegal network traffic to block all governmental services. Network damage and disruptions System hacking Information theft E-mail bombing: Crashing servers Data diddling: altering raw data Salami attacks: Minor alterations. E.g.. Ziegler case (logic bomb) Virus/worm attacks Trojan attacks Protection under the Constitution of India 1. Any anti-terrorism law which satisfies the rigorous tests of the Constitutional validity, then its applicability and validity cannot be challenge and it becomes absolutely binding. Protection under other statutes 1. Protection under the Indian Penal Code (I.P.C), 1860. R.K. Dalmia v Delhi Administration AIR 1962 SC 1821 – Wider interpretation of the term ‘property’. 2. Protection under the Information Technology Act (ITA), 2000, inspired from United Nation Commission of International Trade Law. The Council of Europe Convention on Cyber Crime, 2004 Threatening the unity, integrity and security or sovereignty of India or strike terror in people. Denial of access to any authorised personal to a computer resource. Attempting to penetrate a computer resource without authorisation. Introducing or causing to introduce any computer contaminant which has an adverse effect. Attempting to obtain restricted data likely to cause injury to the interest of the state. If proved, imprisonment for life shall be awarded to the terrorist. Tampering computer source documents. Section 65 Hacking with Computer System Data alteration Section 66 Punishment for sending offensive messages through communication service etc. Section 66A Punishment for dishonestly receiving stolen computer resource or communication device Section 66B Punishment for identity theft Section 66C Punishment for cheating using computer resource Section 66D Punishment for violation of privacy Section 66E Punishment for cyber terrorism Section 66F Publishing obscene information Section 67 Punishment for publishing or transmitting of material containing sexually act, etc. in electronic form. Section 67A Punishment for publishing or transmitting of material depicting children in sexually explicit act etc. in electronic form Section 67B Preservation and retention of information by Intermediaries Section 67 C Un-authorized access to protected System Section 70 Penalty for misrepresentation Section 71 Breach of Confidentiality and privacy Section 72 Punishment for disclosure of information in breach of lawful contract Section 72A Publishing false Digital Signature Certificates. Section 73 Sec 503 (Criminal intimidation): Threatening e- mails Sec 499; Defamatory e-mails Sec 463 (Forgery): Forgery of electronic records, E- mail spoofing Sec 420 (Cheating and Dishonesty): Bogus websites, cyber frauds Sec 383 (Extortion): Web-jacking NDPS Act: Online sale of drugs Arms Act: Online sale of arms The Interpol. Widespread usage of encryption and firewall technology. Audit systems and check logs. USA through its Patriot Act also recognized the Cyber terrorism angle by mandating the setting up of a national network of electronic crime task forces, throughout the country. Indians are being targeted are for creating botnets, which are zombie computers that will later be used for illegal activities by criminals, without even the user knowing about it. Countries with higher connectivity, poor information security/defense mechanisms and inadequate legal framework are prone to be the prime targets of attack. Global menace which should be combated through neutralization the motivating forces behind the raise of Terrorist movements in an accepted civilized manner. When ITA, 2000 was enacted, the focus of legislation was not on “Cyber Terrorism”. Effective tackling through a popular public support (conflict of rights and duties) and a vigilant judiciary. Suitable technology supported by apt legislation. Check on the self-help measures for not committing any illegal act or omission by themselves. Restriction of act to a proportionate and defensive level. Needs to strike a balance between e-surveillance and civil liberties.