A guide to know cyber laws ( Information Technology Act )

A GUIDE TO KNOW CYBER LAWS:-

Rupal:-

Cyber Laws in India prevent any crime done using technology, where a computer is a tool for cybercrime.
Cyberlaw in India is not a separate legal framework. Its a combination of Contract, Intellectual property, Data protection, and privacy laws.

The rise of the 21st century marked the evolution of cyberlaw in India with the Information Technology Act, 2000 (popularly known as the IT Act). The first-ever cybercrime was recorded in the year 1820.

Importance of cyber laws:–

1.It covers all transaction over internet.
2.It keeps eyes on all activities over internet.
3.It touches every action and every reaction in cyberspace.

Area of Cyber Law:-

Cyber laws contain different types of purposes. Some laws create rules for how individuals and companies may use computers and the internet while some laws protect people from becoming the victims of crime through unscrupulous activities on the internet.

The major areas of cyber law include:

1.Fraud:
Consumers depend on cyber laws to protect them from online fraud. Laws are made to prevent identity theft, credit card theft and other financial crimes that happen online. A person who commits identity theft may face confederate or state criminal charges. They might also encounter a civil action brought by a victim. Cyber lawyers work to both defend and prosecute against allegations of fraud using the internet.

2.Copyright:
The internet has made copyright violations easier. In early days of online communication, copyright violations was too easy. Both companies and individuals need lawyers to bring actions to impose copyright protections. Copyright violation is an area of cyber law that protects the rights of individuals and companies to profit from their own creative works.

3.Defamation:
Several personnel use the internet to speak their mind. When people use the internet to say things that are not true, it can cross the line into defamation. Defamation laws are civil laws that save individuals from fake public statements that can harm a business or someone’s personal reputation. When people use the internet to make statements that violate civil laws, that is called Defamation law.

4.Harassment and Stalking:
Sometimes online statements can violate criminal laws that forbid harassment and stalking. When a person makes threatening statements again and again about someone else online, there is violation of both civil and criminal laws. Cyber lawyers both prosecute and defend people when stalking occurs using the internet and other forms of electronic communication.

Advantages of Cyber Law:

•Organizations are now able to carry out e-commerce using the legal infrastructure provided by the Act.

•Digital signatures have been given legal validity and sanction in the Act.

•It has opened the doors for the entry of corporate companies for issuing Digital Signatures Certificates in the business of being Certifying Authorities.

•It allows Government to issue notification on the web thus heralding e-governance.

•It gives authority to the companies or organizations to file any form, application or any other document with any office, authority, body or agency owned or controlled by the suitable Government in e-form by means of such e-form as may be prescribed by the suitable Government.

•The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions.

CAUSES OF CYBER CRIME:-

cybercrime refers to any and all illegal activities carried out using technology.
These days Cyber Crime is a fast-growing area of crime.
These crimes can be phishing, Fraud due to credit card, debit card, bank robbery, illegal downloading, child pornography, distribution of viruses etc.
Causes:-

1.EASY TO ACCESS–
The problem behind safeguarding a computer system from unauthorized access is that there are many possibilities of breach due to the complex technology. Hackers can steal access codes, retina images, advanced voice recorders etc. that can fool biometric systems easily and bypass firewalls can be utilized to get past many security systems.

2.NEGLIGENCE –
Negligence is one of the characteristics of human conduct. So, there may be a possibility that protecting the computer system we may make any negligence which provides a cyber-criminal the access and control over the computer system.

3.ECONOMICALLY MOTIVATED CYBER CRIME-
As is the case with many crimes committed outside the Internet, money is a major motivator for many cyber criminals. Especially because the dangers of criminality are less apparent when you’re hiding behind a network, the perception of low risk and very high financial reward prompts many cyber criminals to engage in malware, phishing, identity theft and fraudulent money request attacks. Businessweek estimates that cyber crimes targeting online banking accounts alone, for example, pull in nearly 700 million dollars per year globally.

4.CRIMES DUE TO PERSONAL GRUDGES–
Cyber criminals are still human beings and what they do — including their crimes — is often the cause of personal emotions and vendettas. From the disgruntled employee installing a virus on office computers to a jealous boyfriend hacking into a girlfriend’s social media accounts or a teenager taking down a school website just to prove that he could do it, many cyber crimes are essentially crimes of passion committed over the Internet. Many of these crimes, however, can still have very serious impacts and cause considerable property damage.

5.THE SAKE OF RECOGNITION–
Basically committed by youngsters who want to be noticed and feel among the group of the big and tough guys in the society,They do not mean to hurt anyone in particular; they fall into the category of the Idealists; who just want to be in spotlight.

PREVENTION OF CYBER CRIMES:-

1.Keep the Computer System Up-To-Date:-
Cyber criminals will use software flaws to attack computer systems frequently and anonymously. Most Windows based systems can be configured to download software patches and updates automatically. By doing this they will monitor all online activity with the intent to protect the system from viruses and other malicious programs. They will also be upgraded to protect against Spyware and Adware. To be safe on the Internet, the antivirus software should be configured to update itself every time the system connects to the Internet.

2.keep strong password:–
Never repeat your passwords on different sites and keep changing them regularly. Create complex passwords by combining at least 10 letters, symbols, and numbers. Using a password management application will help keep your passwords locked down.

3.Install a good antivirus program:-
Ensure that you have a robust antivirus in place to counter hacker attacks and other cybercrimes and also ensure safety. Comodo Antivirus Software has been specifically designed to drive away unexpected threats and offer all-around security. The main aim of this virus protection software is to safeguard data and protect it from unauthorized access. Comodo Antivirus is capable of automatically containing malicious or unknown files. It plays a vital role in preventing cybercrimes from damaging your computer or stealing your data.

4.keep certain information private:-
You need to keep certain things to yourself in the online world, especially on social media sites. Avoid putting personal information like your address, your phone number, or your place of work on websites like Facebook. Doing so makes it easier for cybercriminals to target you. It’s also important to change the privacy settings on your social media accounts. Don’t make personal information available to the public. Only share it with your contacts—people you trust, or better yet, don’t share it at all. On social media sites like Facebook, you can change privacy settings so that certain information is visible only to you.

CYBER AND DATA SECURITY LAWS IN INDIA:-

•Section 65 – Tampering with computer source documents
If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.

Penalty – Imprisonment up to three years, or/and with fine up to RS 200,000

•Section 66 – Hacking with computer system
If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.

Penalty – Imprisonment up to three years, or/and with fine up to RS 500,000

•Section 66B – Receiving stolen computer or communication device
A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen.

Penalty – Imprisonment up to three years, or/and with fine up to RS 100,000

•Section 66C – Using password of another person
A person fraudulently uses the password, digital signature or other unique identification of another person.

Penalty – Imprisonment up to three years, or/and with fine up to RS 100,000

•Section 66D – Cheating using computer resource
If a person cheats someone using a computer resource or communication.

Penalty – Imprisonment up to three years, or/and with fine up to RS 100,000

•Section 66E – Publishing private images of others
If a person captures, transmits or publishes images of a person’s private parts without his/her consent or knowledge.

Penalty – Imprisonment up to three years, or/and with fine up to RS 200,000

•Section 66F – Act of cyber terrorism
If a person denies access to authorized personnel to a computer resource, accesses a protected system or introduces contaminant into a system, with the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyber terrorism.

Penalty – Imprisonment up to life.

•Section 67 – Publishing information which is obscene in e-form
If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

Penalty – Imprisonment up to five years, or/and with fine up to RS 1,000,000

•Section 67A – Publishing images containing sexual acts
If a person publishes or transmits images containing a sexual explicit act or conduct.

Penalty– Imprisonment up to seven years, or/and with fine up to RS 1,000,000

•Section 67B – Publishing child porn or predating children online
If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone under 18.

Penalty– Imprisonment up to five years, or/and with fine up to RS 1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to RS 1,000,000 on second conviction.

•Section 67C – Failure to maintain records
Persons deemed as intermediary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.

Penalty– Imprisonment up to three years, or/and with fine.

•Section 68 – Failure/refusal to comply with orders
The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made there under. Any person who fails to comply with any such order shall be guilty of an offence.

Penalty– Imprisonment up to three years, or/and with fine up to RS 200,000

•Section 69 – Failure/refusal to decrypt data
If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.

Penalty– Imprisonment up to seven years and possible fine.

•Section 70 – Securing access to a protected system
The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system. The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.

Penalty– Imprisonment up to ten years, or/and with fine.

•Section 71 – Misrepresentation
If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.

Penalty – Imprisonment up to three years, or/and with fine up to RS 100,000.