2. A PRESENTATION
BY
PAVAN DUGGAL,
CHAIRMAN,
ASSOCHAM CYBERLAW
COMMITTEE
ADVOCATE,
SUPREME COURT OF INDIA
HEAD, PAVAN DUGGAL
ASSOCIATES
3. 22ND JANUARY, 2009
SCAM EMAIL CIRCULATED
EXTREMELY DEFAMATORY AND
DEROGATORY STATEMENTS
EMAILS TRACED
DELHI HIGH COURT RESTRAINT
ORDER
4. CYBER LAW IN INDIA
In India the Information Technology Act,
2000 is the Mother Legislation that deals
with issues related to use of computers,
computer systems , computer networks and
the Internet.
5. CYBER LAW IN INDIA
Information Technology Amendment Bill, 2006
Referred to Parliamentary Standing Committee on
IT
Standing Committee Report- 2007
Information Technology Amendment Bill, 2006
6. IT ACT AMENDMENTS
INFORMATION TECHNOLOGY
AMENDMENT ACT, 2008
PASSED BY BOTH THE HOUSES OF
PARLIAMENT IN END DECEMBER,
2008
HISTORY REPEATS ITSELF.- 2000 /2008
7. COMPLIMENTS
GOVERNMENT OF INDIA AND
PARLIAMENTARY STANDING
COMMITTEE ON IT NEEDS TO BE
COMPLIMENTED FOR ALL THEIR
HARD WORK IN MAKING THE NEW
AMENDMENTS A REALITY
LOT OF MAJOR SIGNIFICANT
ADVANCES MADE BY THE NEW
AMENDMENTS
8. TECHNOLOGY NEUTRAL LAW
Amendments have made the Information
Technology Act, 2000 as a technology neutral
legislation
instead of, digital signatures, the law has come up
with a more broad generic concept of electronic
signatures
paved the way for removing the implementation of
the IT Act by removing certain undesirable
wordings in some sections
9. CYBER TERRORISM
for the first time, defined the concept of cyber
terrorism and has made it a heinous crime.
cyber terrorism as an offence that has been made
punishable with life imprisonment and fine.
This move should do tremendous service to the
cause of the Indian nation as also the sovereignty ,
integrity and security of India.
Highly commendable move after Mumbai 26/11/
attacks
10. NEW CYBERCRIMES ADDED
provide far more exhaustive coverage of
cybercrimes in the law.
Various new cybercrimes have been added
like the activities defined in Section 43 of the
IT Act, 2000.
The new amendments have added identity
theft and phishing as cybercrimes .
have also covered breach of privacy, child
pornography as specific offences.
11. INTERCEPTION
The new amendments have strengthened
the hands of the nation by increasing the
ambit of the powers of interception of the
Government,
Interception, blocking and monitoring
powers have been more detailed and
elaborately stated.
12. IT ACT AMENDMENTS &
CORPORATES
HUGE RAMIFICATIONS OF THE NEW
AMENDMENTS ON CORPORATE
INDIA
LAW HAS BEGUN TO FLEX ITS
MUSCLES
THE CLOCK IS SLOWLY CHURNING
13. SECTION 2
(ha)“Communication Device” means cell
phones, personal digital assistance or
combination of both or any other device
used to communicate, send or transmit any
text, video, audio or image;’;
(J)“computer network” means the inter-
connection of one or more computers or
computer systems or communication device
through
14. SECTION 2
(i) the use of satellite, microwave, terrestrial
line, wire, wireless or other communication
media; and
(ii) terminals or a complex consisting of two
or more inter-connected computers or
communication device whether or not the
inter-connection is continuously
maintained;’;
15. HACKING NO LONGER AN OFFENCE
HACKING AS AN OFFENCE HAS BEEN
DELETED FROM THE LAW BOOK.
EXISTING SECTION 66 OF THE IT ACT,
2000
THE SAID SECTION HAS BEEN
SUBSTITUTED BY NEW LANGUAGE
EXISTING LANGUAGE OF THE
OFFENCE OF HACKING DOES NOT
FIND MENTION IN THE CURRENT
MANNER
16. YOUR FRIENDLY
CYBERCRIME LEGISLATION
AMENDMENTS SEEK TO MAKE INDIAN
CYBERLAW FRIENDLY CYBER CRIME
LEGISLATION:
- A LEGISLATION THAT GOES
EXTREMELY SOFT ON CYBER
CRIMINALS, WITH A SOFT HEART
17. CYBERCRIME FRIENDLY
A LEGISLATION THAT CHOOSES TO
ENCOURAGE CYBER CRIMINALS BY
LESSENING THE QUANTUM OF
PUNISHMENT ACCORDED TO THEM
IN THE EXISTING LAWS
18. CYBERCRIMES BALIABLE
DISTINCT ABSENCE OF LOGIC AND
RATIONALE IN REDUCING OF THE
QUANTUM OF PUNISHMENTS FOR
VARIOUS OFFENCES
NOW CYBERCRIMES TO BE
INVESTIGATED NOT BY A DSP BUT BY
AN INSPECTOR
19. SECTION 6 A
Delivery of Services by Service Provider
(Inserted vide ITAA-2008)
The appropriate Government may, for the
purposes of this Chapter and for efficient
delivery of services to the public through
electronic means authorize, by order, any
service provider to set up, maintain and
upgrade the computerized facilities and
perform such other services as it may
specify, by notification in the Official
Gazette.
20. SECTION 6 A (Contd.)
Explanation: For the purposes of this
section, service provider so authorized
includes any individual, private agency,
private company, partnership firm, sole
proprietor form or any such other body or
agency which has been granted
permission by the appropriate
Government to offer services through
electronic means in accordance with the
policy governing such service sector.
21. SECTION 6 A (Contd.)
The appropriate Government may also
authorize any service provider authorized
under sub-section (1) to collect, retain and
appropriate service charges, as may be
prescribed by the appropriate Government
for the purpose of providing such services,
from the person availing such service.
22. SECTION 6 A (Contd.)
Subject to the provisions of sub-section (2),
the appropriate Government may authorize
the service providers to collect, retain and
appropriate service charges under this
section notwithstanding the fact that there is
no express provision under the Act, rule,
regulation or notification under which the
service is provided to collect, retain and
appropriate e-service charges by the service
providers.
23. SECTION 6 A (Contd.)
The appropriate Government shall, by
notification in the Official Gazette, specify
the scale of service charges which may be
charged and collected by the service
providers under this section: Provided that
the appropriate Government may specify
different scale of service charges for different
types of services.
24. SECTION 43 A
Where a body corporate, possessing, dealing
or handling any sensitive personal data or
information in a computer resource which it
owns, controls or operates, is negligent in
implementing and maintaining reasonable
security practices and procedures and
thereby causes wrongful loss or wrongful
gain to any person, such body corporate
shall be liable to pay damages by way of
compensation, to the person so affected.
25. SECTION 43 A (contd.)
Explanation: For the purposes of this
section
quot;body corporatequot; means any company and
includes a firm, sole proprietorship or other
association of individuals engaged in
commercial or professional activities
26. SECTION 43 A (contd.)
quot;reasonable security practices and proceduresquot;
means security practices and procedures designed to
protect such information from unauthorised access,
damage, use, modification, disclosure or
impairment, as may be specified in an agreement
between the parties or as may be specified in any law
for the time being in force and in the absence of such
agreement or any law, such reasonable security
practices and procedures, as may be prescribed by
the Central Government in consultation with such
professional bodies or associations as it may deem
fit.
27. SECTION 43 A (contd.)
quot;Sensitive personal data or informationquot;
means such personal information as may be
prescribed by the Central Government in
consultation with such professional bodies
or associations as it may deem fit.
28. SECTION 79
Exemption from liability of intermediary in
certain cases . Notwithstanding anything
contained in any law for the time being in
force but subject to the provisions of sub-
sections (2) and (3), an intermediary shall
not be liable for any third party information,
data, or communication link made hosted by
him.
29. SECTION 79 (contd.)
The provisions of sub-section (1) shall apply
if-
(a) the function of the intermediary is
limited to providing access to a
communication system over which
information made available by third
parties is transmitted or temporarily stored;
or
30. SECTION 79 (contd.)
(b) the intermediary does not-
(i) initiate the transmission,
(ii) select the receiver of the transmission,
and
(iii) select or modify the information
contained in the transmission
31. SECTION 79 (contd.)
(c) The intermediary observes due diligence
while discharging his duties under this Act
and also observes such other guidelines as
the Central Government may prescribe in
this behalf
32. SECTION 79 (contd.)
The provisions of sub-section (1) shall not
apply if- (a) the intermediary has conspired
or abetted or aided or induced whether by
threats or promise or otherwise in the
commission of the unlawful act.
33. SECTION 79 (contd.)
(b) upon receiving actual knowledge, or on
being notified by the appropriate
Government or its agency that any
information, data or communication link
residing in or connected to a computer
resource controlled by the intermediary is
being used to commit the unlawful act, the
intermediary fails to expeditiously remove or
disable access to that material on that
resource without vitiating the evidence in
any manner.
34. SECTION 79 (contd.)
Explanation:- For the purpose of this
section, the expression quot;third party
informationquot; means any information dealt
with by an intermediary in his capacity as an
intermediary.
35. E-HAFTA AND CORPORATE INDIA
INSPECTOR RAJ IN CYBERCRIME
SCENARIO
CONCEPT OF E-HAFTA WILL TAKE
CONCRETE FEET
CONCERNS OF CORPORATE INDIA
REGARDING THEIR CONFIDENTIAL
DATA AND INFORMATION NOT
ADDRESSED
36. NEED OF THE HOUR
NEED TO PROTECT YOURSELF
TRY TO ADOPT CYBER SECURITY
PRACTICES
PREVENTION IS BETTER THAN CURE
FOCUS ON PROACTIVE ACTION
38. INTERMEDIARIES & DUE DILIGENCE
ALL COMPANIES COMING WITHIN
THE DEFINITION OF
INTERMEDIARIES NEED TO DO DUE
DILIGENCE
DUE DILIGENCE CRITICAL FOR
LIMITATION OF LIABILITY
DUE DILIGENCE NEEDS TO BE
DOCUMENTED AND BE READILY
AVAILABLE
39. PAVAN DUGGAL DUE DILIGENCE
PROGRAMME, 2009
PAVAN DUGGAL DUE DILIGENCE
PROGRAMME VERSION 2009
CONDUCTED BY PAVAN DUGGAL
ASSOCIATES, INDIA’S NICHE
TECHNOLOGY LAW FIRM
AN ASBOLUTE MUST FOR ALL
INTERMEDIARIES AND COMPANIES
40. PAVAN DUGGAL DUE DILIGENCE
PROGRAMME, 2009
EXHAUSTIVE DUE DILIGENCE DONE
FOR ALL STAKEHOLDERS
NO REINEVENTION OF THE WHEEL
PROACTIVE PROTECTION KEEING IN
THE MIND THE CUSTOMIZED
REQUIREMENTS OF THE RELEVANT
LEGAL ENTITY
41. PAVAN DUGGAL DUE DILIGENCE
PROGRAMME, 2009
CRITICAL FOR COMPANIES AND
THEIR TOP MANAGEMENT TO GET
THE SAID DUE DILGENCE DONE
NEED TO LIMIT POTENTIAL LEGAL
EXPOSURE , BOTH CIVIL AND
CRIMINAL, FOR THE COMPANIES
AND THEIR TOP MANAGEMENTS
42. CYBERLAWS.NET SURVEY ON E-
COMPLIANCE
Generate awareness & orientation about the
compliance requirements of Indian Cyber
Law
Sensitize people about :
The level of compliances of their
respective organizations pertaining to
Indian Cyber Law.
Possibility of exposures to potential risks.
45. CYBERLAWS.NET SURVEY ON
E-COMPLIANCE( contd)
To take the survey & know your present
compliance situation visit the following web
address :
http://cyberlaws.net/ecompliance
