CYBER LAW

JUDE JERRY SALMON I

FRAMEWORK

International Legal Landscape

Case

laws

Cyber Security - Indian Initiatives

Incidence

of Cyber Crime in India IT Act 2000 Positive Aspects Grey Areas Offences & Punishments Better Enforcement Initiatives

Extraterritorial Investigation

United States vs. Gorshkhov

Vasily

Gorshkhov and Alexy Ivanov Expert group of Protection Against Hackers Thousands of stolen credit cards Blackmailed US companies like Speakeasy, Paypal The Invita Corporation Sting Key loggers, exfiltration

Extraterritorial Investigation

Holding
US

courts have no search warrant authority in Russia Federal Wiretap issue is not addressed CIA Special Agent Marty Prewett awarded the Directors Annual Award for Outstanding Criminal Investigation Same agent indicted under Russian Cyber Crime Law

EXTRADITION

United States vs. McKinnon Indicted in US in 2002 by Federal Grand Jury

Armys

CCIU collects 1TB of evidence Deleted 1300 user accounts, stole 950 passwords, broke into 97 govt. computers $700000 damage, faced max 70 years in jail Biggest Military computer hack of all time He claims he was only trying to find info on UFOs

McKinnons Case (contd.)

US sought extradition from UK, June 05

12

Apr 06: Prosecution provides unsigned note from US Embassy No trial under military order 10 May 06: UK Court approves extradition 7 Jul 06: Home Secretary approves

McKinnons Case (contd.)

Appeals
13

Feb 07: Appeal in London High Court 13 Jul 08: House of Lords upholds extradition 12 Aug 08: EHRC directs UK not to extradite McKinnon 23 Jan 09: Judicial block of extradition ordered to reassess Home Secretarys decision 17 Feb 09: Home Secy decided to try McK in UK 24 Jan 10: Judiciary grants new review for May 2010 20 May 10: Home Secy cancels hearing to

INDIAN INITIATIVES

No general data protection or privacy law in India IT Act 2000 Amending other Acts CERT IND CCTNS

Incidence of Cyber crime in India

Non Reportingcauses
60% feared negative publicity 23% did not know police equipped to handle cyber crimes 9% feared further cyber attacks 8% had no awareness of cyber laws False arrest concerns

IT ACT 2000

Information Technology Act, 2000 came into force on 17th October 2000 IT (Amendment) Act,2008 Extends to the whole of India Act also applies to offence or contravention committed outside India by any person irrespective of his nationality, if such act involves a computer, computer system or network located in India

POSITIVE ASPECTS

Legal recognition of the E-commerce

Digital Signatures and Regulatory Regime Electronic Documents at par with paper documents

E-Governance
Electronic

Filing of Documents

Amend certain Acts Define Civil wrongs, Offences, punishments

Investigation,

Adjudication Appellate Regime

GREY AREAS

Conflict of Jurisdiction Domain names Intellectual Property Rights Various kinds of cyber crimes are not defined Privacy and content regulation Parameters for its implementation

OFFENCES

Section 65: Source Code

imprisonment

up to three years and / or fine up to Rs. 2 lakh

Section 66: Hacking

imprisonment

up to three years and / or fine up to Rs. 2 lakh

Section 69: Decryption of information

Person

in charge of the computer resource fails to facilitate decryption of the information Punishment up to 7 years

OFFENCES

Section 67: Pornography

On

first conviction

imprisonment

up to five years and fine up to Rs. 1 lakh

On

subsequent conviction

imprisonment

up to ten years and fine up to Rs. 2 lakh

Cognizable

Section 70: Protected System

Imprisonment Cognizable

up to 10 years and fine

Computer Related Crimes under IPC and Special Laws

Sending threatening messages by email Sec 503 IPC

Sending defamatory messages by email Forgery of electronic records

Bogus websites, cyber frauds

Sec 499, 500 IPC Sec 470, 471 IPC

Sec 420 IPC

Email spoofing
Online sale of Drugs Web - Jacking Online sale of Arms

Sec 416, 417, 463 IPC

NDPS Act Sec. 383 IPC Arms Act

Better Enforcement Initiatives

Mumbai Cyber lab is a joint initiative of Mumbai police and NASSCOM Suggested amendments to the IT (Amendment) Act,2008- new provisions for child pornography, etc More Public awareness campaigns Training of police officers to effectively combat cyber crimes More Cyber crime police cells set up across the country More 24/7 Nodes

Better Enforcement Initiatives

Effective E-surveillance Websites aid in creating awareness and encouraging reporting of cyber crime cases. Specialized Training of forensic investigators and experts Active coordination between police and other law enforcement agencies and authorities is required.

THANK YOU