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LIABILITY OF NETWORK SERVICE PROVIDERS

Group R2
Rashmi Sarvesh Raman Jay Vipin

A network service provider is a business or organization that sells bandwidth or network access by providing direct access to the Internet .
1. 2. 3. 4. 5. Telecommunication companies Data carriers Wireless communication providers Internet service providers Cable television operators

Characteristics of a Network Service Provider


Provide service with respect to message Receive message on behalf

Transmit message on behalf

Store message on behalf

Liabilities
They must prevent any unlawful content, messages or communications from being carried on their network. They must ensure that the content carried by them does not infringe international and domestic cyber laws The use of NSP for anti-national activities would be construed as an offence punishable under the Indian Penal Code

They must ensure that their networks cannot be used to endanger or make vulnerable a networked infrastructure.
They must ensure that their services are not used to break-in or attempt to break-in to Indian networks. They must provide, without any delay, all the tracing facilities to trace nuisance, obnoxious or malicious calls, messages or communications

Restrictions on Liabilities

Enforcement of the IT Amendment Bill 2008 An intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him if the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted.

Restrictions on Liabilities
The amended Section 79 of the IT Act:Intermediaries will be held liable if the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act; or upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act.

IT Acts
The IT Act, 2000 is regulates the use of computers, computer systems and computer networks as also data and information in the electronic format. The IT Amendment Bill 2008 aims to make sweeping changes in the existing Indian cyber law, namely the Information Technology Act, 2000.

A special liability Collecting, has been browsing, imposed on all the call centers, download BPOs, banks and etc of child others who hold or handle porn is sensitive and punishable personal data. Cyber terrorism has been specially included in the law. A cyber terrorist can be punished with life imprisonment.

with jail up The punishment for to 5 years spreading obscene for the first material by email, conviction websites, sms has
been reduced from 5 years jail to 3 years.

Compensation on cyber crimes like spreading viruses, copying data, unauthorized access, denial of service etc is not restricted to 1 crore .

Modifications
A special liability has been imposed on all the call centers, BPOs, banks and others who hold or handle sensitive and personal data.
Compensation on cyber crimes like spreading viruses, copying data, unauthorized access, denial of service etc is not restricted to 1 crore .

Cyber terrorism has been specially included in the law. A cyber terrorist can be punished with life imprisonment.

The punishment for spreading obscene material by email, websites, sms has been reduced from 5 years jail to 3 years.

Modifications
The punishment for spreading obscene material by email, websites, sms has been reduced from 5 years jail to 3 years.
Hacking into a government computer or trying to even do so will lead to imprisonment up to 10years.

Publishing sexually explicit acts in the electronic form is punishable with jail upto 3years.

Publishing sexually explicit acts in the electronic form is punishable with jail upto 3years.

Yahoo inc vs Akash Arora case


Yahoo incorporation is the owner of a well known trademark. Akash Arora started to offer web based services similar to those offered by yahoo.com under the name yahoo India.

Yahoo inc sued Akash Arora for using a similar trademark