Meaning Of Cyber LawMeaning Of Cyber Law

The law relating to internet and www.

Any laws relating to protecting the Internet and other online communication technologies Any laws relating to protecting the Any laws relating to protecting the Internet and other online Internet and other online communication technologies Needs For Cyber LawNeeds For Cyber Law Integrity and Security of InformationIntegrity and Security of Information Security of Government DataSecurity of Government Data Intellectual Property RightsIntellectual Property Rights Privacy and Confidentially of Privacy and Confidentially of Information Legal Status of Online Transactions Broadly there are 2 types of laws that apply to blogging activities, i.e. criminal and civil.

Where Should Bloggers Draw the Boundary with their Content?´ During my introduction, I pointed out that internet is not a legal vacuum, namely wrongdoings / misconducts in cyberworld are also subject to the relevant laws. I also analyzed the legal risk faced by a bloggers as oppose to journalist. ³«The difference between a blogger and the reporter at local newspaper is that in many cases, bloggers may not have the benefit of training or sufficient resources to help them to determine whether what they write is legal or illegal. And also due to the fact that blogging is comparatively new, there are not many cases decided on the legal issues involving blogging activities. Moreover, many such issues are yet to be tested in court. In view of the above, we as bloggers seem to be more likely to expose to legal liability than a journalist«.´

Interpretation PART II . Date of Royal Assent : Date of publication in the Gazette : Date of coming into operation: ACT 658 ELECTRONIC COMMERCE ACT 2006 30 August 2006 31 August 2006 19 October 2006 [P.LEGAL RECOGNITION OF ELECTRONIC MESSAGE Section 6 . the Communications and Multimedia Act 1998. Legal recognition of electronic message Section 7.(B) 280/2006] _____________ ARRANGEMENT OF SECTIONS _____________ Long Title and Preamble PART I . the Communications and Multimedia Commission Act 1998 7. Use not mandatory Section 4. the Computer Crimes Act 1997. Witness Section 12. the Telemedicine Act 1997.PRELIMINARY Section 1. some of the cyber laws that have been passed by our Parliament include: 1. Formation and validity of contract PART III .FULFILMENT OF LEGAL REQUI REMENTS BY ELECTRONIC MEANS Section 8. Application Section 3. the Electronic Commerce Act 2006. 2.As such. Writing Section 9. 6. Since 1997. (also read Copyright Act 1987) 4. Original . Signature Section 10. the Copyright (Amendment) Act 1997.U. Reference to other written laws Section 5. the Digital Signature Act 1997. Seal Section 11. 3. Short title and commencement Section 2. 5. it is necessary for blogger to practise self censorship in order to build a healthy and trustworthy online community.

Time of receipt Section 22. Sections in Law & PenaltiesSections in Law & Penalties Section 43Section 43 :: of the act reads: ³of the act reads: ³If any person without permission of the If any person without permission of the owner or any other person who in charge of the computer system or owner or any other person who in charge of the computer system or network network ´´ a)a) ACCESS OR SECUERACCESS OR SECUER the access to such computer the access to such computer b)b) DOWNLOAD. The law is based on the basic principles of transparency and clarity. Place of receipt Section 24. Service and delivery PART IV .MISCELLANEOUS Section 25. Contents of electronic message Section 19. Acknowledgement of receipt PART V . Retention of document Section 14. or EXTRACTSDOWNLOAD.Section 13. The proposed Personal Data Protection Act breaks new ground not only in cyber-privacy but also in law-making. or EXTRACTS .COMMUNICATION OF ELECTRONIC MESSAGE Section 17. Regulations A new cyber law to protect consumer privacy is likely to come into force next year. Copy Section 15. Attribution of electronic message Section 18. COPIES. Time of dispatch Section 21. Each electronic message to be regarded separately Section 20. Prescribed form Section 16. COPIES. Place of dispatch Section 23. more competition and less regulation.

any data from such computerany data from such computer c)c) Introduces causes to be introduced any computer contaminate or Introduces causes to be introduced any computer contaminate or COMPUTER VIRUSCOMPUTER VIRUS into any computerinto any computer d)d) DEMAGESDEMAGES any computer network any computer network e)e) DISRUPTS or CAUSES DISRUPTION DISRUPTS or CAUSES DISRUPTION of any computer systemof any computer system f)f) DENIAL or CAUSES DENIAL of access to any person authorized to DENIAL or CAUSES DENIAL of access to any person authorized to access any computer system or networkaccess any computer system or network g)g) CONTRAVENTION (break) or violatesCONTRAVENTION (break) or violates h)h) CHANGES ACCOUNT SETTINGS Section 66Section 66 Hacking with Computer System Hacking with Computer System (1) Information residing in a computer resources must (1) Information residing in a computer resources must be either:be either: DestroyedDestroyed DeletedDeleted AlteredAltered Diminished in value or utilityDiminished in value or utility .

Section 65Section 65 Tampering with computer source document:Tampering with computer source document: Whoever knowingly or intentionally conceals. destroy or alter any intentionally or knowingly causes another to conceal. destroys or alter or Whoever knowingly or intentionally conceals. The offences are tribal by any magistrate. Section 67Section 67 Section 67 of the Act reads: Whoever publishes Section 67 of the Act reads: Whoever publishes or transmitted in the electronic form any or transmitted in the electronic form any material which contains sexually explicit acts or material which contains sexually explicit acts or conduct shall be punished on first conviction conduct shall be punished on first conviction with imprisonment of either description for a with imprisonment of either description for a term which extend to ten lakh rupees and in the term which extend to ten lakh rupees and in the event of second or subsequent conviction with event of second or subsequent conviction with imprisonment of either description for a term imprisonment of either description for a term which may extend to seven years and also with which may extend to seven years and also wit h fine which may extend to ten lakh rupees. destroys or alter or intentionally or knowingly causes another to conceal. Or Fine up to 2 lac for hacking. when the computer . Section 67 Penalty He shall be liable to pay 1 lakh and & or imprisonment of He shall be liable to pay 1 lakh and & or imprisonment of 2 to 5 2 to 5 yrsyrs. when the computer computer source code used for a computer network. 3 yrs.Affected InjuriouslyAffected Injuriously Punishment:Punishment: 3 yrs. Or Fine up to 2 lac for hacking. And if same thing is repeated imprisonment of And if same thing is repeated imprisonment of 10 yrs10 yrs.. destroy or alter any computer source code used for a computer network. Section 67 PenaltyContinued«.

monitoring or decryption of any information in the decryption of any information in the interest of the sovereignty. Punishment: Punishment: 2 lakh and /or jail not extending 5 yrs. or with both fine which may extend up to two lakh rupees. interest of the sovereignty. Transmitting images of the of the private areaprivate area of a person without his or her of a person without his or her consent------2yrs. ./2 lakh. Some other Sections«Some other Sections« Section 72Section 72: : Violation of the Violation of the privacy policyprivacy policy ------Fine Fine up to 5 lakh jail not extending 2 yrs. integrity. or with fine which may extend up to two lakh rupees. integrity.up to 5 lakh jail not extending 2 yrs. monitoring or Deals with the Interception. shall be punishable with imprisonment up to three years. friendly Security or defense of India. And / or fine up to Rs. or with both Punishments:Punishments: Offences are magistrate and are punishable with imprisonment Offences are magistrate and are punishable with imprisonment up to 3 yrs. 2 lakh Section 69Section 69 Deals with the Interception. Security or defense of India.relations with the with foreign states etc.source code is required to be kept or maintained by law for the time being source code is required to be kept or maintained by law for the time being in force. or with in force. Transmitting images Publishing. shall be punishable with imprisonment up to three years. Section 502ASection 502A: : Publishing./2 lakh. friendly relations with the with foreign states etc.2yrs.

67B 11.65 2.Section 419ASection 419A: : Cheating by any communication device or computer resourcedevice or computer resource ------5yrs. in electronic form Sec.69 13. 2063 is Nepal s first cyber law. Dishonestly receiving stolen computer resource or communication device Sec. Cheating by personation by using computer resource Sec.69A 14. It was created in response to the growing usage of the internet in Nepal.No Offences Section Under IT Act 1.66 3.67 10. Publishing or transmitting of material containing sexually explicit act. Punishment for publishing or transmitting of material depicting children in sexually explicit act.67C 12. Powers to issue directions for interception or monitoring or decryption of any information through any computer resource Sec. in electronic form Sec. Identity theft Sec. Sending offensive messages through communication service. etc. Tampering with computer source Documents Sec. Preservation and Retention of information by intermediaries Sec.66F 9.66E 8.66A 4.67A 11.66D 7. etc Sec. Violation of privacy Sec. Sl.66C 6. Publishing or transmitting obscene material in electronic form Sec . etc.5yrs.66B 5. Section 417ASection 417A: : Identity Theft------2yrs. Power to issue directions for blocking for public access of any information through any computer resource Sec. Data Alteration Sec. Cyber terrorism Sec. Power to authorize to monitor and collect traffic data or information through . Hacking with computer systems . The Electronic Transaction Act.

Penalty for misrepresentation Sec.84C 27.73 19.Act empowers Deputy Superindent of Police to investigate cases falling under this Act 28. Web-Jacking Sec .69B 15.74 29. Publication for fraudulent purpose Sec.84B 26. penalties or confiscation not to interfere with other punishment Sec. Punishment for attempt to commit offences Sec.420 IPC 32.75 21. Offences with three years imprisonment to be cognizable Sec. Making a false document Sec. Punishment for abetment of offences Sec.85 Note : Sec. Cyber Frauds Sec . Compensation.T.469 IPC 36. Un-authorized access to protected system Sec.500 IPC 38. Offences by Companies Sec.78 of I. E-mail Abuse Sec . Act to apply for offence or contraventions committed outside India Sec. Forgery for purpose of cheating Sec. gesture or act intended to insult the modesty of a woman Sec.71 17.503 IPC 29. Exemption from liability of intermediary in certain cases Sec. Bogus websites .72 18. Breach of confidentiality and privacy Sec.70 16. Publishing False digital signature certificates Sec.79 25.77 22. Sending threatening messages by e-mail Sec .506 IPC .463 IPC 33.464 IPC 34.509 IPC 30.499 IPC 31. Sending defamatory messages by e-mail Sec . Word.77B 24.77A 23. Punishment for criminal intimidation Sec. Compounding of Offences Sec. Forgery for purpose of harming reputation Sec.any computer resource for Cyber Security Sec. E-mail Spoofing Sec .468 IPC 35.383 IPC 37.

292 IPC 45. Punishment for theft Sec.51 41.379 50.63 42. Knowing use of infringing copy of computer programme to be an offence Sec.Copyright in a work shall be deemed to be infringed Sec. 378 49.63A 43. Obscene acts and songs Sec. Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail Sec.292A IPC 46. Online Sale of Drugs NDPS Act 51.293 IPC 47.507 IPC 40.. Sale. Obscenity Sec. Offence of infringement of copyright or other rights conferred by this Act. of obscene objects to young person Sec . Theft of Computer Hardware Sec.39.294 IPC 48.63B 44. Any person who knowingly infringes or abets the infringement of Sec. Online Sale of Arms Arms Act THE CYBER LAW ACTS IN THE CYBER LAW ACTS IN MALAYSIAMALAYSIA Several Cyber Laws :Several Cyber Laws :-Digital Signature Act 1997Digital Signature Act 1997 Computer Crimes Act 1997Computer Crimes Act 1997 Telemedicine Act 1997Telemedicine Act 1997 Communications and Multimedia Act Communications and Multimedia Act 1998 Private Data Protection BillPrivate Data Protection Bill Electronic Government Activities BillElectronic Government Activities Bill Electronic Transactions Bill . Enhanced penalty on second and subsequent covictions Sec. Criminal intimidation by an anonymous communication Sec. etc. When copyright infringed:.

illegal transmission of programmers. intercept or temper with transmitted data.DIGITAL SIGNATURE ACT 1997DIGITAL SIGNATURE ACT 1997 Digital Signature is an identity verification Digital Signature is an identity verification standard that uses encryption techniques standard that uses encryption techniques to protect against eto protect against e--mail forgery mail forgery To secures electronic communications To secures electronic communications especially on the Internetespecially on the Internet By attaching the digital signature. COMPUTER CRIMES ACT 1997COMPUTER CRIMES ACT 1997 users can protect their rights to users can protect their rights to privacy and build trust in the privacy and build trust in the computer system TELEMEDICINE ACT 1997TELEMEDICINE ACT 1997 ensures that only qualified medical ensures that only qualified medical practitioners can practice practitioners can practice telemedicine and that their patient's telemedicine and that their patient's rights and interests are protected. COMMUNICATIONS AND COMMUNICATIONS AND . one can ensure that nobody can eavesdrop. illegal transmission of data or messages over computers data or messages over computers and hacking and cracking of and hacking and cracking of computer systems and networks. ensure that nobody can eavesdrop. COMPUTER CRIMES ACT 1997COMPUTER CRIMES ACT 1997 gives protection against the misuses gives protection against the misuses of computers and computer criminal of computers and computer criminal activities such as unauthorized use of activities such as unauthorized use of programmers. one can By attaching the digital signature.

websites. networks.MULTIMEDIA ACT 1998MULTIMEDIA ACT 1998 ensures that information is secure.Malaysia. Cyber space is a very wide term and includescomputers. the Internet. Needs For Cyber Law Security of Information Security of Government Data Intellectual Property Rights Privacy and Confidentially of Information Legal Status of Online Transactions ITA Act 2008 A new section 43A has been inserted to protect sensitive . data storage devices (such as hard disks. software. also ensures high level of user's also ensures high level of user's confidence in the information and confidence in the information and communication technology industry. emails and even electronic devices such as cell phones. Cyber Law is the law governing cyber space. ATM machines etc. the network is reliable and the the network is reliable and the service is affordable all over service is affordable all over Malaysia. USB disks etc). ensures that information is secure.

000 to Rs. or handled by a body corporate. New sections 66A to 66F prescribe punishment for offenses such as obscene electronic message transmissions.000. 500. identity theft. Section 67 of the old Act is amended to reduce term of imprisonment for publishing or transmitting obscene material in electronic form to 3 years from 5 years and increase the fine thereof from Rs. possessed. Becoz of terrorist . Sections 67 A and B insert penal provisions in respect of offenses of publishing/ transmitting of material containing sexually explicit act and child pornography in electronic form.100. violation of privacy & cyber terrorism. cheating by impersonation using computer resource.personal data or information dealt.

. grant power to the state to direct blocking for public access of any information through any computer resource and to authorize to monitor and collect traffic data or information through any computer resource for cyber security.section 69 is amended which gives the power to the security agencies to intercept any information through any computer resource Sections 69 A and B.attacks round d the world .

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