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Electronic Gazette.
Almost Nine years and 10 days after the birth of cyber laws in
India, the new improved cyber law regime in India has
become a reality. The Information Technology Act initially
came into force on 17th October 2000 on the model
UNCITRAL of UNO 1996. Major changes to the IT Act 2000
have now come into force with effect from 27th October 2009.
There are around 17 changes and out of that most of the
changes relate to cyber crimes. The last decade has seen a
spurt in crimes like cyber stalking and voyeurism, cyber
pornography, email frauds, phishing and crimes through
social networking. All these and more are severely dealt with
under the new laws.
Dr. Tabrez ahmad, www.site.technolexindia.com,
Wednesday,Feb 03, 2010 http://technolexindia.blogspot.com 38
Some of the major modifications are:
1. A special liability has been imposed on call centers, BPOs, banks
and others who hold or handle sensitive personal data. If they are
negligent in "implementing and maintaining reasonable security
practices and procedures", they will be liable to pay compensation.
It may be recalled that India's first major BPO related scam was the
multi crore MphasiS-Citibank funds siphoning case in 2005. Under
the new law, in such cases, the BPOs and call centers could also be
made liable if they have not implemented proper security measures.
2. Compensation on cyber crimes like spreading viruses, copying
data, unauthorised access, denial of service etc is not restricted to
Rs 1 crore anymore. The Adjudicating Officers will have jurisdiction
for cases where the claim is upto Rs. 5 crore. Above that the case will
need to be filed before the civil courts.
Dr. Tabrez ahmad, www.site.technolexindia.com,
Wednesday,Feb 03, 2010 http://technolexindia.blogspot.com 39
3.The offence of cyber terrorism has been specially
included in the law. A cyber terrorist can be punished
with life imprisonment.
4. Sending threatening emails and sms are
punishable with jail upto 3 years.
5. Publishing sexually explicit acts in the electronic
form is punishable with jail upto 3 years. This would
apply to cases like the Delhi MMS scandal where a
video of a young couple having sex was spread through
cell phones around the country.
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