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  • Poster Virus Law

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    Ashwani K Sharma
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    The document discusses types of malware covered by Indian law and actions that can be taken if someone deliberately or accidentally infects a computer with malware. It notes that Section 43 of the Information Technology Act refers to computer viruses and contaminants, which are defined. This section implies that all forms of malware are covered, including viruses, worms, Trojans, rootkits, keyloggers, adware and spyware. If someone deliberately infects a computer with malware, cases can be filed under Sections 43 and 66 of the Act. Section 43 allows for compensation claims, while Section 66 makes it a criminal offense punishable by up to 3 years in jail and/or a fine. Accidentally emailing malware to someone could also make one

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    The document discusses types of malware covered by Indian law and actions that can be taken if someone deliberately or accidentally infects a computer with malware. It notes that Section 43 of the Information Technology Act refers to computer viruses and contaminants, which are defined. This section implies that all forms of malware are covered, including viruses, worms, Trojans, rootkits, keyloggers, adware and spyware. If someone deliberately infects a computer with malware, cases can be filed under Sections 43 and 66 of the Act. Section 43 allows for compensation claims, while Section 66 makes it a criminal offense punishable by up to 3 years in jail and/or a fine. Accidentally emailing malware to someone could also make one

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    10 views1 page

    Poster Virus Law

    Uploaded by

    Ashwani K Sharma
    The document discusses types of malware covered by Indian law and actions that can be taken if someone deliberately or accidentally infects a computer with malware. It notes that Section 43 of the Information Technology Act refers to computer viruses and contaminants, which are defined. This section implies that all forms of malware are covered, including viruses, worms, Trojans, rootkits, keyloggers, adware and spyware. If someone deliberately infects a computer with malware, cases can be filed under Sections 43 and 66 of the Act. Section 43 allows for compensation claims, while Section 66 makes it a criminal offense punishable by up to 3 years in jail and/or a fine. Accidentally emailing malware to someone could also make one

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    !

    !
    What%are%the%types%of%malware%covered%
    by%Indian%law?%
    !
    Section! 43! of! the! Information! Technology!
    Act! refers! to! computer! viruses! and!
    computer!contaminants.!!
    !
    Computer! virus! means! any! computer!
    instruction,!
    information,!
    data!
    or!
    programme!that!!
    (1)! destroys,! damages,! degrades! or!
    adversely! affects! the! performance! of! a!
    computer!resource!or!!
    (2)! attaches! itself! to! another! computer!
    resource!and!operates!when!a!programme,!
    data! or! instruction! is! executed! or! some!
    other! event! takes! place! in! that! computer!
    resource.!!
    !
    Computer! contaminant! means! any! set! of!
    computer!instructions!that!are!designed!to!
    (1)! modify,! destroy,! record,! transmit! data!
    or!programme!residing!within!a!computer,!
    or!!
    (2)! usurp! the! normal! operation! of! the!
    computer.!
    !
    This! implies! that! the! Information!
    Technology! Act! covers! all! forms! of!
    malware! ! computer! viruses,! worms,!
    Trojans,! rootkits,! keySloggers,! adware,!
    spyware!etc.!

    What% if% someone% deliberately% infects% my% computer% with%


    malware?%
    !
    You!can!file!two!cases!under!the!Information!Technology!Act!!
    one!before!the!Adjudicating!Officer,!under!section!43,!and!the!
    other!with!the!police,!under!section!66.!!
    !
    Section! 66! will! apply! in! this! case! if! someone! dishonestly! or!
    fraudulently,! introduces! or! causes! to! be! introduced! any!
    computer!contaminant!or!computer!virus!into!any!computer,!
    computer!system!or!computer!network.!!
    !
    This!is!punishable!with!jail!upto!3!years!and!/!or!fine!upto!Rs!
    5!lakh.!
    !
    Under!section!43,!a!person!may!be!liable!to!pay!compensation.!!
    !
    If!the!compensation!claim!is!below!Rs!5!crore,!the!case!is!to!be!
    filed! before! the! Adjudicating! Officer.! For! claims! above! Rs! 5!
    crore,!the!regular!courts!have!to!be!approached.!!
    !
    What% if% I% accidentally% email% a% virus% or% other% malware% to%
    someone?%
    !
    You! may! be! liable! under! section! 43(c)! of! the! Information!
    Technology! Act.! This! section! penalizes! someone! who!
    introduces! or! causes! to! be! introduced! any! computer!
    contaminant!or!computer!virus!into!any!computer,!computer!
    system!or!computer!network.!
    !
    Under! section! 43,! a! person! may! be! liable! to! pay!
    compensation.!If!the!compensation!claim!is!below!Rs!5!crore,!
    the! case! is! to! be! filed! before! the! Adjudicating! Officer.! For!
    claims! above! Rs! 5! crore,! the! regular! courts! have! to! be!
    approached.!!
    !

    Issued!in!the!public!interest!by!

    www.asianlaws.org%
    This!information!is!provided!for!general!educations!purposes!only!and!does!not!constitute!legal!advise.!

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