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IT draft law deletes ''hacking'' in India
Page 1 of 3
Tuesday, August 30, 2005
BUSINESS
Select Publication
Home > Business
j k l m n
Indian Express
i j k l m n
Web
IE ARCHIVE Search by Date INSIDE IE Home Front Page Op-Ed
IT draft law deletes ‘‘hacking’’ in India IT amendment New act seeks to protect ‘unintentional’ crimes; video, child pornography are new categories
•
Google lets slip talk of online storage service
Posted online: Tuesday, August 30, 2005 at 0052 hours IST
•
Sabeer Bhatia’s latest: a blogbar
NEW DELHI, AUGUST 29: The Expert Committee on Cyber Law set up to amend the Information Technology (IT) Act has deleted ‘‘hacking’’ from its list of offences.
•
At Google not feeling lucky
•
Google tries to reassure Wall St with new investment strategies
•
Beware of new PC virus: Govt
ENS ECONOMIC BUREAU
Edits Columns Sport National Network
In what IT and legal experts say seems to be a knee-jerk reaction to the recent spate of MMS porn and BPO-hacking cases, the committee has installed video-porn and child porn as two separate entities, both with higher punishments.
International Business All Headlines Letters to the Editor Crosswords SERVICES Matrimonials New friendships, romance... Send Gifts Online Personalised Predictions CHANNELS Astrology Shopping
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In fact, the committee has suggested that apart from digital signatures, electronic signatures should be accepted, which will help identify the correct person sending an e-mail or other electronic documents. The committee has also proposed making encryption standards technology-neutral, meaning that no single standard needs to be used by all Indians.
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‘‘But where is the data protection law? The Committee has diluted punishments, deleted the very word ‘‘hacking’’ from the IT Act and given the government sweeping powers to intercept cyber networks,’’ says IT lawyer Pavan Duggal.
CITY NEWS Cities Home Ahmedabad Chandigarh Delhi Kolkata Lucknow Ludhiana Mumbai Pune
This, when the PM had expressly stated after the Karan Bahree expose, that a new IT law must be framed to give BPOs an international-standard data protection law. For instance, take Section 66. In its new form, it deletes the words ‘‘hacker’’ and ‘‘hacking’’ making it impossible for an ordinary ciziten to file a hacking complaint. It also installs a one to two-year sentence and Rs 5 lakh fine for breaking into a computer network, instead of the present Rs 3 lakh year sentence and Rs 2 lakh fine.
GROUP SITES Expressindia The Financial Express Screen Kashmir Live Express Cricket
‘‘By reducing the punishment, though the fine has increased, the government is sending the signal: ‘Please go ahead and hack’,’’ says Duggal. Similarly, under Section 67, which deals with punishment for obscenity in electronic form, the new proposal has halved fines while keeping prison terms constant.
Loksatta Lokprabha Express Computer North American Edition [Print] COLUMNISTS The Indian Express The Financial Express SUBSCRIPTIONS
But from here on, the flavour of the proposed amendments turn distinctly Orwellian. Under Section 43, the Committee has inserted a fresh requirement to prove that someone accused under the IT Act is guilty: His action must be proved as ‘‘dishonest and fraudulent’’ as well. Besides, Section 66, which relates to computer-related offences has now been revised to fall in line with Section 43, which deals with penalty for damage to a computer resource. Here, new terms such as ‘negligence’ ‘dishonest’ and ‘fraudulent’ have been introduced, which has the lawyers in a tizzy.
http://www.indianexpress.com/india-news/full_story.php?content_id=77204
14-Dec-07
IT draft law deletes ''hacking'' in India
Free Newsletter Wireless Express SYNDICATIONS RSS Feeds RESOURCE LINKS Business News Latest News
Page 2 of 3
‘‘These words will make the task of punishing people like Karan Bahree even more difficult. If it is proved that I introduced a harmful virus into a network, I should be punishable by law. Why should anyone have to prove that I was ‘dishonest’ and ‘fraudulent’ as well... The offence speaks for itself,’’ explains Duggal. If your e-mail account is hacked, only your e-mail service provider will be able to file a case for redressal. An ordinary citizen will be rendered remediless, he adds.
India News Stock Market News News India Indian Tenders
The recommedations defend the changes: ‘‘Sometimes because of lack of knowledge or for curiosity, new learners... unintentionally or without knowing... do certain undesirable act on the Net. ..it need(s) to be ensured that new users do not get scared away because of publicity of computer related offences. Section 43 acts as a reassuring Section to a common Netizen (sic).’’ However, the Committee does comes down hard on pornography. Taking pictures of an individual without his knowledge and transmitting them without consent is to be considered a violation of privacy. Changes are also proposed in electronic-obscenity provisions to bring in line with the Indian Penal Code, and two new sections will address child pornography and video voyuerism, and recommendations have been made for higher punishment. CTRL+ALT+DELETE: PROPOSED CHANGES • Section 66: Earlier dealt with hacking, now with computer-related offences. • Section 67: Obscenity in electronic form. Revised to bring in line with IPC. Fines increased. • New section added to address child pornography with higher punishment, video voyeurism specifically addressed. • Section 69: Amended, power to issue directions for interception or monitoring or decryption of any information through any computer resource • Section 78A: New, to help the Judiciary in handling technical issues. • Section 79: Revised, to bring out the extent of liability of intermediary in certain cases. • Normal provisions of CrPC will apply, only DSPs and above will be authorised to investigate. • Electronic signatures to be allowed apart from digital signatures. • New section for ‘‘Formulation and Validity of Electronic Contracts’’ • More stringent norms for data protection and privacy.
Ads By Google What are Hackers? Interact with IT professionals and learn more about hacking. Wiki.ITtoolbox.com Mba In India Insider MBA Career Info: The Scoop On Hiring, Salaries, Culture, More! www.Vault.com/MBA Cyber Crime Providing news & advice to CIO's worldwide since 1987! CIO.co.uk/CyberSecurity
Your comment[s] on this article
• Well well over the years I have seen too much hype... » • It is interesting to note that the “overall scheme... »
null_bit Praveen Dalal
• The amendments made to Section 66 has weakened the... »
Naavi
• in recent years media hype and buzzword fetishes h... » Total comment[s]: 4
Read comment[s]
Stuart
Post your comment
Home | Front Page | Op-Ed | Edits | Columns | Sport | National Top
Network | International | Business
http://www.indianexpress.com/india-news/full_story.php?content_id=77204
14-Dec-07
IT draft law deletes ''hacking'' in India
Page 3 of 3
About Us | Advertise With Us | Privacy Policy | Feedback| Site Map © 2006: Indian Express Newspapers (Mumbai) Ltd. All rights reserved throughout the world.
http://www.indianexpress.com/india-news/full_story.php?content_id=77204
14-Dec-07
Page 1 of 3
Tuesday, August 30, 2005
BUSINESS
Select Publication
Home > Business
j k l m n
Indian Express
i j k l m n
Web
IE ARCHIVE Search by Date INSIDE IE Home Front Page Op-Ed
IT draft law deletes ‘‘hacking’’ in India IT amendment New act seeks to protect ‘unintentional’ crimes; video, child pornography are new categories
•
Google lets slip talk of online storage service
Posted online: Tuesday, August 30, 2005 at 0052 hours IST
•
Sabeer Bhatia’s latest: a blogbar
NEW DELHI, AUGUST 29: The Expert Committee on Cyber Law set up to amend the Information Technology (IT) Act has deleted ‘‘hacking’’ from its list of offences.
•
At Google not feeling lucky
•
Google tries to reassure Wall St with new investment strategies
•
Beware of new PC virus: Govt
ENS ECONOMIC BUREAU
Edits Columns Sport National Network
In what IT and legal experts say seems to be a knee-jerk reaction to the recent spate of MMS porn and BPO-hacking cases, the committee has installed video-porn and child porn as two separate entities, both with higher punishments.
International Business All Headlines Letters to the Editor Crosswords SERVICES Matrimonials New friendships, romance... Send Gifts Online Personalised Predictions CHANNELS Astrology Shopping
People who read this also read
In fact, the committee has suggested that apart from digital signatures, electronic signatures should be accepted, which will help identify the correct person sending an e-mail or other electronic documents. The committee has also proposed making encryption standards technology-neutral, meaning that no single standard needs to be used by all Indians.
Full Coverage
•
Varanasi Blasts
•
Assembly Poll '06
•
The Bush Visit; March '06
•
Budget 2006-07
•
India-England Series
Express Classifieds Express Estates Express Money Express Travel
‘‘But where is the data protection law? The Committee has diluted punishments, deleted the very word ‘‘hacking’’ from the IT Act and given the government sweeping powers to intercept cyber networks,’’ says IT lawyer Pavan Duggal.
CITY NEWS Cities Home Ahmedabad Chandigarh Delhi Kolkata Lucknow Ludhiana Mumbai Pune
This, when the PM had expressly stated after the Karan Bahree expose, that a new IT law must be framed to give BPOs an international-standard data protection law. For instance, take Section 66. In its new form, it deletes the words ‘‘hacker’’ and ‘‘hacking’’ making it impossible for an ordinary ciziten to file a hacking complaint. It also installs a one to two-year sentence and Rs 5 lakh fine for breaking into a computer network, instead of the present Rs 3 lakh year sentence and Rs 2 lakh fine.
GROUP SITES Expressindia The Financial Express Screen Kashmir Live Express Cricket
‘‘By reducing the punishment, though the fine has increased, the government is sending the signal: ‘Please go ahead and hack’,’’ says Duggal. Similarly, under Section 67, which deals with punishment for obscenity in electronic form, the new proposal has halved fines while keeping prison terms constant.
Loksatta Lokprabha Express Computer North American Edition [Print] COLUMNISTS The Indian Express The Financial Express SUBSCRIPTIONS
But from here on, the flavour of the proposed amendments turn distinctly Orwellian. Under Section 43, the Committee has inserted a fresh requirement to prove that someone accused under the IT Act is guilty: His action must be proved as ‘‘dishonest and fraudulent’’ as well. Besides, Section 66, which relates to computer-related offences has now been revised to fall in line with Section 43, which deals with penalty for damage to a computer resource. Here, new terms such as ‘negligence’ ‘dishonest’ and ‘fraudulent’ have been introduced, which has the lawyers in a tizzy.
http://www.indianexpress.com/india-news/full_story.php?content_id=77204
14-Dec-07
IT draft law deletes ''hacking'' in India
Free Newsletter Wireless Express SYNDICATIONS RSS Feeds RESOURCE LINKS Business News Latest News
Page 2 of 3
‘‘These words will make the task of punishing people like Karan Bahree even more difficult. If it is proved that I introduced a harmful virus into a network, I should be punishable by law. Why should anyone have to prove that I was ‘dishonest’ and ‘fraudulent’ as well... The offence speaks for itself,’’ explains Duggal. If your e-mail account is hacked, only your e-mail service provider will be able to file a case for redressal. An ordinary citizen will be rendered remediless, he adds.
India News Stock Market News News India Indian Tenders
The recommedations defend the changes: ‘‘Sometimes because of lack of knowledge or for curiosity, new learners... unintentionally or without knowing... do certain undesirable act on the Net. ..it need(s) to be ensured that new users do not get scared away because of publicity of computer related offences. Section 43 acts as a reassuring Section to a common Netizen (sic).’’ However, the Committee does comes down hard on pornography. Taking pictures of an individual without his knowledge and transmitting them without consent is to be considered a violation of privacy. Changes are also proposed in electronic-obscenity provisions to bring in line with the Indian Penal Code, and two new sections will address child pornography and video voyuerism, and recommendations have been made for higher punishment. CTRL+ALT+DELETE: PROPOSED CHANGES • Section 66: Earlier dealt with hacking, now with computer-related offences. • Section 67: Obscenity in electronic form. Revised to bring in line with IPC. Fines increased. • New section added to address child pornography with higher punishment, video voyeurism specifically addressed. • Section 69: Amended, power to issue directions for interception or monitoring or decryption of any information through any computer resource • Section 78A: New, to help the Judiciary in handling technical issues. • Section 79: Revised, to bring out the extent of liability of intermediary in certain cases. • Normal provisions of CrPC will apply, only DSPs and above will be authorised to investigate. • Electronic signatures to be allowed apart from digital signatures. • New section for ‘‘Formulation and Validity of Electronic Contracts’’ • More stringent norms for data protection and privacy.
Ads By Google What are Hackers? Interact with IT professionals and learn more about hacking. Wiki.ITtoolbox.com Mba In India Insider MBA Career Info: The Scoop On Hiring, Salaries, Culture, More! www.Vault.com/MBA Cyber Crime Providing news & advice to CIO's worldwide since 1987! CIO.co.uk/CyberSecurity
Your comment[s] on this article
• Well well over the years I have seen too much hype... » • It is interesting to note that the “overall scheme... »
null_bit Praveen Dalal
• The amendments made to Section 66 has weakened the... »
Naavi
• in recent years media hype and buzzword fetishes h... » Total comment[s]: 4
Read comment[s]
Stuart
Post your comment
Home | Front Page | Op-Ed | Edits | Columns | Sport | National Top
Network | International | Business
http://www.indianexpress.com/india-news/full_story.php?content_id=77204
14-Dec-07
IT draft law deletes ''hacking'' in India
Page 3 of 3
About Us | Advertise With Us | Privacy Policy | Feedback| Site Map © 2006: Indian Express Newspapers (Mumbai) Ltd. All rights reserved throughout the world.
http://www.indianexpress.com/india-news/full_story.php?content_id=77204
14-Dec-07
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