India And the Cyber Space

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By Anjana K H

Introduction

The term Cyber security includes the security offered in cyber space from the cyber threats and attacks arising within the cyber space. Cyber space denotes the space in which almost all cyber activities are conducted with the help of newly emerged and existing internet facilities. Thecyber-attacks or threats obviously implies the negative use of technology , that is , the internet and other communication systems attached to it, by violating the existing laws and the provisions of legislations which are offering protection from cyber-attacks.

In India , cyber space is already availed protection from those malicious activities  with the help of some measures capable of being protective to offer security for the computer networks , cyber activities , other devices including the systems of hardware and software , and the exclusive safety for the data and information stored and secured within the system .

The Information Technology Act , 2000

In India , the information Technology Act , 2000 is the legislation enacted by the Indian Parliament to deal with the cybercrimes and  commercial activities conducted by electronic means. The Act was revised in 2008 and amended a number of sections related to cyber-crimes , digital data and electronic commerce. After the commencement of the Act the e-commerce and the digital data got legal recognition and it made them legally valid by providing various provisions.

There are some important sections dealing with the safeguards and penalties provided by the  Information Technology Act. They are :

Section 43

The sections provides penalties for causing damage to computers and computer systems. If someone accesses to such computers or the systems or devices attached to it , or if downloads , copies any computer data or any information stored , or destroys the data contained by such systems , or steals data or information  without the permission of the actual owner , he will be liable to pay damages to the person affected.

Section 66 B

The Section provides punishment for dishonestly receiving stolen computer resource or communication device. Here, whoever receives any stolen computer resource or device with the knowledge that it is a stolen resource or device , will be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to rupees 1 lakh or with both(.1)

Section 67

The section provides punishment for publishing obscene material in  electronic form. Whoever publishes or transmits any material which is appeals to the prurient interest ,in the electronic form, will be punishable with imprisonment for a term which may extend to three years and with fine which may extend to 5 lakh rupees.

in the case of second or subsequent conviction,  punishable with imprisonment for a term which may extend to 5 years and also will be liable for  fine up to 10 lakh rupees.

(1)indiankanoon.org

Section 69

The section provides power to central government and to state government to issue directions for interception or monitoring or decryption of any information through any computer resource.

If the central government and the state government is satisfied that it is necessary for preventing any cognizable offence in the interest of sovereignty or integrity of India, security of state , friendly relations with foreign States or for the protection of public order may issue directions for interception of any information through any computer resource.

For this purpose , the procedure and safeguards relating to such interception or monitoring or decryption will be based on the prescribed manner.

Section 70

As per section 70, the appropriate government may declare any computer resource to be a protected system . it may be declared by notification in the official gazette. Such computer source will be directly or indirectly affecting the facility of critical information infrastructure.

The appropriate government authorize persons to access protected systems by order in writing.

If someone securing access or attempts to secure access to a protected system , if it is contravention to the provisions , will be punished with imprisonment for a term which may  extend to 10 years and will be liable to fine also.

Section 72

The section deals with penalty for breach of confidentiality and privacy. As per the section ,if a person, without the consent of the person concerned ,secured access to any electronic record, register, correspondence, books, information, document or  other material to any other person will be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to one lakh rupees or with both.

Cyber Crimes

In IT act 2000 there is no provision had given the definition of cyber-crime.

Cyber-crime is the crime committing through an electronic device connected to internet as may be called as cyberspace.

There are some important Cyber-crimes which has to be identified with the help of some current issues.

Cyber Bullying

It means using internet or mobile technology to make harassment or to harass some other person with the help of social networking sites. Today as we all know the cyber bullying vastly growing to some other extent which is targeting to harass or to intimidate another.

Phishing

Here someone tries to obtain personal information’s from another by acting as a reputable entity in the. electronic communication.

Cyber defamation

Cyber defamation can be understood as publishing defamatory statements through electronic devices or with the help of internet.

Serious offences

There are some serious offences relates with cyber law as all these are commonly facing by the today’s society. Some of the  important offences are Child Pornography , distribution of pirated software, cyber terrorism, stalking , hacking etc. All these are needed to treat seriously as they are offences against private individual.

National Cyber Security Policy , 2013

It denotes a policy framework done by Department of Electronics and Information Technology. The policy holds a number of objectives to create an effective atmosphere for the better transactions in the cyberspace and to promote security policies.

The important objectives of the policy are :

• It is intended to create a secured cyber ecosystem throughout the country and  to make confidence in  the IT sector and cyberspace transactions and also to adopt information technology in all sectors of the economy.

• It has an objective to design security policies .

• To secure cyberspace ecosystem it is intended to make frameworks for the same.

• It has a wide range of measures to enhance and create national and sectoral level mechanisms to fulfill strategies.

•There will be a National Critical Information Infrastructure protection Centre for the protection and resilience of nations critical information infrastructure.

• It is intended to develop suitable security technologies through various kinds of research.

• It is undoubtedly supporting to create workforce of 500,000 professionals in cyber security.

• The policy also concentrated on the effective prevention, enquiry and procedures for the prosecution of Cyber-crimes.

• Most importantly it is focused on the point that it’s important to enhance global corporation with promotion of shared understanding.

National Technical Research Organization

NTRO is an agency  providing technical intelligence gathering in India.

• It functions with the responsibilities to develop technology capabilities in the areas of aviation , to ensure cyber security, to focus on cryptology systems , to gather and process data etc.

• It has  the duty to submit report to the National Security Advisor and PMO .

• it was established in in 2004 on the basis of recommendations made by Girish Chanda Saxena Taskforce.

Indian Computer Emergency Response Team

CERT is a national agency to respond to computer security incidents when they occur.

• It is functioning since 2004 January.

• It is constituted to serve as a national agency.

• It has various duties to perform such as :

• To collect and analyzeinformation’s relating to Cyber incidents.

•To take emergency measures to handle with cyber security incidents.

• To make alerts of cyber security incidents.

• To co-ordinate cyber security incident response activities.

• To issue notes, guidelines, information’s etc. relating to  security practices ,response, procedures, prevention.

• It also has some other functions prescribed  for cyber security.

Case Laws

•SMC Pneumatics (India) Pvt. Ltd. Vs. Jogesh Kwatra

This is the first case reported in India which relates with cyber defamation. the High Court of Delhi assumed the jurisdiction on the matter.

°In this case the defendant, who was an employee of the company maintained by the plaintiff , started to send emails containing defamatory , vulgar, obscene content ,to the employers of the company working all over the world with the intention to defame the company and its managing director.

°After hearing the arguments the court ex-parte injunction. It was the first time in India that a Court assumed jurisdiction in a matter concerning cyber defamation.

Sony.Sambanth.Com Case

In 2013 India witnessed its first cyber-crime conviction.

° Sony India Private Ltd. was running a website which was targeting nonresident Indians.

°The non-resident Indians were getting a service in this website as they are being eligible to send Sony products to their loved ones after making payment online.

° In 2002 someone ordered Sony cooler TV set and a headphone. The person who was logged on the website was purchased the products with the help of a credit card and requested to deliver the product to the person named Arif Azim In Noida. After one and half months the Credit card agency contacted the company by informing that it was as unauthorized transaction as it was not done by the actual owner.

Anyway, CBI recovered the television from Arif Azim as he was cheating the company by misusing the credit card of an American National.

The Court held that , the accused as a  young boy of 24  years , if his age needed to be taken , will be punishable for one year and therefore the first conviction in the history of Cyber-crimes effectively applied.(2)

(2)cyberralegalservices.com

State of Tamil Nadu Vs. Suhas Katti

In this case , it was a great achievement for the entire legal system that it was succeeded by taking less time for the conviction .

in this case ,messages contained defamatory and obscene content about a divorced woman  sent to the Yahoo Message Group .

Here the accused opened a fake account in the name of the victim and on the basis of the complaint filed by the victim the accused has been arrested and from the statements made by him ,it was clear that the accused wanted to marry the woman who was his family friend.

The suit was filed under section 67 Of IT Act , and 469&509 of IPC.

Court held the accused as liable for the commission of the offence and punished with the imprisonment and fine by calculating the prescribed punishment for several offences.

Conclusion

In India , the government had taken so much initiatives to protect security in cyberspace. It is the duty e of the government to protect its citizen from Cyber-crimes and cyber-attacks. As we all know in  our society there are too many cases reporting every day for the violation of Cyber law .Some of the important organizations relates with cyber security are the national technical Research organization ,the Indian computer emergency response team etc.

There is a scheme relates with cybercrime prevention against women and children. It has the intention to protect the said category from the cyber-crimes and to prevent and reduce cyber-crime against women and children.

Cyber security is an essential part of the security of the nation. It influences all aspects of nation’s governance including economy and welfare.

As India launched its cyber security policy in 2013 it is clearly shown the approach made by the country to the cyber-crimes and the security of its citizen in the cyberspace.

As already said the term cyber security includes the security offered in cyberspace from the cyber threats and attacks arising within the cyberspace .

So, in the growing society it is very essential to develop more effective measures to prevent the negative use of cyberspace and to promote more safety within the space of cyber activities.

References

  1. https://indiankanoon.org/doc/48199014/
  2. https://www.cyberralegalservices.com/detail-casestudies.php

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