Cyber Crime In India

By: Abhishek Bawankar (8063) Utsav Shah (8045) Group H

Agenda

• Cyber Crime – What is it? • Should we care about cyber crime?? • Cyber Governance:-Are the existing laws adequate to combat it? • Is Indian Cyber law a cyber crime friendly legislation? • The challenges against cyber governance.

CYBER CRIME: WHAT IS IT? Use of Computer/Internet to do something that would be a crime in any case. e.g. üComputer Viruses üSpam üHacking

Contd..

CYBER CRIME: WHY SHOULD WE CARE?

ARE EXISTING LAWS ADEQUATE for CYBER GOVERNANCE ?

Some are and some are not… Hacking and denial of service attacks, etc. Existing law probably are insufficient there is not physical entry or taking, even if law could be interpreted to cover such activity (a dubious proposition ), the deterrence effect

of law of uncertain application

would be very low

Is Indian cyber law a CYBER CRIME friendly legislation?

IT Amendment Act 2008 •Offence of online obscenity – section 67 •Quantum

of

punishment

reduced

for

first

conviction •Earlier – 5 years •Now- Reduced to 3 years •Cyber crimes punishable with imprisonment of three years are bailable offences. •Helps the cyber criminals

Continued…

•Confidential information and data of corporations and their adequate protection •Not a comprehensive law on data protection or on digital secrets. •Only a couple of sections on data protection. •Offence of hacking – section 66 •Completely deleted from the law book.

The result

This actually impacts •The growing Indian economy •The normal common man and •Corporate India. The proposed amendments have in turn made the IT Act like “A tiger without teeth”.

Is it easy to combat the CYBER CRIMES??

Cyber governance – Tough Challenges •Location & Jurisdiction •Proof, Evidence of the crime •In some countries, we lack •Sound Cyber Law regime •A sound enforcement machinery •A sound judicial system •Rapid Technological changes

Thank You