Cyber Law Final

 Introduction about “S & N”
 What is need of Information Security?

 Introduction to Cyber Crime & Cyber Law
 Types of various Cyber Crime along with IT act 2000 (amended
2008)
 Precaution & Prevention while working on digital world.
 How to approach law enforcement agencies?
 Question & Answer Session
INTRODUCTION
THE LAW FIRM
 Abhay Nevagi & Associates

 Inception: From Kolhapur
 Expansion: Pune & Mumbai, Supreme Court
 Team comprises of 30 advocates with addition of
senior members
 Areas of Practice: Apart from general
litigation/non-litigation, niche areas Electricity

laws, Banking laws, Media laws, Due Diligence,
FEMA, Corporate litigation, CYBER LAWS
THE NEED FOR TECHNICAL
KNOW-HOW
 The Firm started handling cases under cyber laws.
 Lack of understanding of new law and absence of
qualified technical personnel
 Lack of knowledge across;
Complainant/Accused/Investigation/Prosecut-ion/Def
ence
 To bridge this gap: Stickman & Nevagi Cyber
Forensic Investigation Services Pvt. Ltd. was founded
S & N is one of the first companies in India
combining Technical expertise of Stickman
Consulting, Australia & legal acumen of Abhay
Nevagi & Associates in the field of Information
Security.
Object of any law - to
regulate human conduct, or
to deal with a mischief.
CYBER LAWS
[
1. Legal recognition for

transactions carried out by means of
Electronic Data Interchange and other
means of Electronic Communication -
E-Commerce.
2. Use of Alternatives to
paper based methods of
communication and storage of
communication, to facilitate Electronic
Filing of Documents with the
Government Agency - E-Governance.
The Information Technology Act, 2000 is
based on the model law on electronic
commerce adopted by the United Nations
Covenant on International Trade Law
(UNICITRAL).
Information and Knowledge is power.
 As internet reach accelerates vulnerability to cyber
threats rise
 Technical , Legal, Security and Political Issues
created
 Boundary between public and private blurred
 Cyber War – sabotage – operations of government
and industries ,espionage of commertial data
knowledge and subversions using social media
 All by some one sitting in front of blue screen
 1969 : pivotal year – man sent on moon and
Arpanet was born – a professor in one
American University sent a message from his
computer massage ushering information
revolution through internet
 Internet – cheaper faster and no boundaries
 Tim Lee invented World Wide Web
 Today almost 3rd of humanity is online
 I.T. governs all aspects of our daily life
 positive effects as well as negative sides
 The I.T. Amendment Act 2008 Aims at protection of
personal data and information , and implementation
of security practices
 The Amendment deals with new forms of crime like
publishing sexually explicit materials in electronic
form ,video voyeurism and breach of confidentiality
and leakage of data by intermediary ,e commerce
frauds like personation known as phishing ,identity
theft and offensive messages through communication
services
It should be kept in mind that the provisions of
the Cyber Law should not be made so
stringent that it may retard the growth of the
industry and prove to be counter productive.
LAW, SCIENCE AND TECHNOLOGY
INTERACTION
No writing, signature, registration
yet acceptance of electronic
documents.
Recognition to the electronic record

- Potential of reduction of
corruption in Govt. and public
sector.
TYPES OF ELECTRONIC COMMERCE
- Business to Consumer
- Business to Business
- Consumer to Consumer
- Consumer to Business
ADVANTAGES OF CYBER LAWS
1. Legal frame work for E-
Commerce
and E-Governance.
2. Validity to E-mails.
3. Validity to Digital Signatures
4. Opportunity to Companies to be
Certifying Authorities for
issuing Digital Signatures.
5. Government can issue
Notifications, Acts, Rules etc. on web.
6. Addresses important issues of
Security.
CYBER CRIME
- Motive behind the
crime.
- Greed
- Publicity
- Revenge
- Adventure
- Desire to access
forbidden information
- Destructive Mind Set
- Wants to sale n/w
security services
DISTINCT FEATURES OF CYBER
CRIMES
1. One against Millions.
2. Global Crime
3. Sans Mobility
4. Richest Crime
5. Computer as a Instrument of Crime.
6. Technology Driven
7. Counter Product of information and
communication technologies
8. Transcends Geographical boundries
9. Singapore allows Electronic Divorce .
PREVENTION OF CYBER CRIME
1. To prevent cyber staking avoid
disclosing any information pertaining to oneself.
This is as good as disclosing your identity to
strangers in public place.
2. Always avoid sending any
photograph online particularly to strangers an
chat friends as there have been incidents of
misuse of the photographs.
3. Always use latest and up date anti
virus software to guard against virus attacks.
4. Always keep back up volumes so
that one may not suffer data loss in case of
virus contamination.
5. Never send your credit card number to
any site that is not secured, to guard against frauds.
6. Always keep a watch on the sites that
your children are accessing to prevent any kind of
harassment or depravation in children.
7. It is better to use a security programme
that gives control over the cookies and send
information back to the site as leaving the cookies
unguarded might prove fatal.
8. Web site owners should watch traffic
and check any irregularity on the side. Putting host-
based intrusion detection devices on servers may do
this.
9. Use of firewalls may be beneficial.
10. Web servers running public sites must
be physically separate protected from internal
corporate network.
The Information Technology Act, 2000
- Applicability to offence or contravention
committed outside India (borderless world)
- Recognition of Digital Signatures and Electronic
Records and Electronic filing of
documents
(E-Governance & E-Commerce)
- Creation of Authorities
- Offences and Penalties upto One Crore
Rupees
- Amendments to the Indian Penal Code, Indian
Evidence, Act, Banker's Books Evidence Act,
Reserve Bank of India Act
- Web site - invitation to offer
S. 4 Legal recognition of electronic records :-
Where any law provides that information or
any other matter shall be in writing or in the
typewritten or printed form, then,
notwithstanding anything contained in such
law, such requirement shall be deemed to have
been satisfied if such information or matter is -
(a) rendered or made available in an electronic
form; and
(b) accessible so as to be usable for a
subsequent reference.
Section 65: Tampering with computer source
document:
Whoever knowingly or intentionally conceals, destroys
or alters or intentionally or knowingly causes another or
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, shall be punishable with imprisonment
up to three years, or with fine which may extend upto
two lakh rupees, or with both.
Explanation: For the purpose of this section,
"computer source code" means the listing of
programmes, computer commands, design and layout
and programme analysis of computer source in any
form.
Sec.67 Publishing of Information which is
obscene in electronic form :
Whoever publisher or transmits or cause 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,
shall be punished on first conviction with imprisonment
of either description for a term which may extend to five
years and with fine which may extend to 1 lakh rupees
and in event of second or subsequent conviction with
imprisonment of either description for a term which may
extend to 10 years and with fine which may extend to 2/-
lakh rupees.
NETWORK SERVICE PROVIDERS NOT TO BE
LIABLE IN CERTAIN CASES
Sec.79. Network Service Providers not to be liable
in certain cases - For the removal of doubts, it is hereby
declared that no person providing any service as a
network service provider shall be liable under this Act,
rules or regulations made thereunder for any third party
information or data made available by him if he proves
that the offence or contravention was committed without
his knowledge or that he had exercised all due diligence
to prevent the commission of such offence or
contravention.
Example - Bazee.com
OFFENCES
Sec.66 Hacking with Computer System :
1) Whoever 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 hacking.
2) Whoever commits hacking

shall be punished with imprisonment up to three
years, or with fine which may extend upto two
lakh rupees or with both.
Section 85 offences by companies --
(1) Where a person committing a
contravention of any of the provisions of this
Act or any rule, direction or order made
thereunder is a company, every person who,
at the time the contravention was committed,
was in charge of, and was responsible to, the
company for the conduct business of the
company as well as the company, shall be
guilty of the contravention and shall be liable
to be proceeded against and punished
accordingly.
PROVIDED that nothing contained in
this sub-section shall render any such
person liable to punishment if he proves
that the contravention took place
without his knowledge or that he
exercised all due diligence to prevent
such contravention.
(2) Notwithstanding anything contained in sub-
section (1), where a contravention of any of the
provisions of this Act or of any rule, direction or
order made thereunder has been committed by a
company and it is proved that the contravention
has taken place with the consent or connivance of,
or is attributable to any neglect or the part of, any
director, manager, secretary or other officer of the
company, such director, manager secretary or
other officer shall also be deemed to be guilty of
the contravention and shall be liable to be
proceeded against and punished accordingly.
Explanation: For the purpose of this
section:
(i) "company" means any body corporate

and includes a firm or other association
of individuals; and
(ii) "director", in relation to a firm,

means a partner in the firm.

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 Introduction about “S & N”

 What is need of Information Security?

 Abhay Nevagi & Associates

 Team comprises of 30 advocates with addition of

litigation/non-litigation, niche areas Electricity

1. Legal recognition for

Recognition to the electronic record

2) Whoever commits hacking

(i) "company" means any body corporate

(ii) "director", in relation to a firm,

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