Let's see what Cybercrime is
- Part 2 -
TamoChou *
In Section 67B of IT Act : Publishing child porn or predating children online
Whoever, publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or facilitates abusing children online or records in any electronic form own abuse or that of others pertaining to sexually explicit act with children.
(E.g. Making porn video of child or act to be a child. Child/ Children means a person who has not completed the age of 18 years)
Is be punishable with imprisonment up to Five years, or with fine which may extend up to ten lakh rupees, or with both on first conviction, if convicted for second time fine with up to seven year imprisonment.
In Section 67C of IT Act : Failure to maintain records
Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
(E.g. Internet Service Providers (ISP) who don't maintain the user log)
Is be punishable with imprisonment up to three years, or with fine, or with both.
In Section 68 of IT Act : The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made there under. Any person who fails to comply with any such order shall be guilty of an offence.
(E.g. Failure/refusal to comply with orders of Govt. by Certifying Authority. A certificate authority (CA) is an authority in a network that issues and manages security credentials and public keys for message encryption.)
Is be punishable with imprisonment up to two years, or with fine up to one lakh, or with both.
In Section 69 of IT Act : Powers to issue directions for interception or monitoring or decryption of any information through any computer resource.
If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource.
The subscriber or any person in-charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.
(E.g. if any ISP/telecom companydeny to capture data traffic when ask by Police or any other authorise agency of Govt.)
Is be punishable with imprisonment up to seven years, or with fine or with both.
In Section 69A of IT Act : A Power to issue directions for blocking for public access of any information through any computer resource.
Allows the Central Government to block content where it believes that this content threatens the security of the State; the sovereignty, integrity or defence of India; friendly relations with foreign States; public order; or to prevent incitement for the commission of a cognisable offence relating to any of the above.
A set of procedures and safeguards to which the Government has to adhere when doing so have been laid down in what have become known as the Blocking Rules. Any intermediary who fails to comply with the direction issued is deemed to have committed a crime.
(e.g. Govt. blocking child porn website or blocking of website which affect the National security.)
Is be punishable with imprisonment up to seven years, or with fine.
In Section 69B of IT Act : Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security.
The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.
The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized, provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.
(e.g. Govt. can collect or monitor information from ISP or Telecom Company)
Whoever deny is be punishable with imprisonment up to three years, or with fine.
These are some section of IT act which guard the user and their resources in cyber space, there are many cases where many cybercrime are not reported to any agency. We can minimize the cybercrime if we use Information Technology with ethics and respect others privacy.
If you want to file a case then every district have a cybercrime cell you can contact them and register a FIR in a police station.
IT security cannot be archive easily but if we follow some basic best practice, we can prevent our self from being hack, infected with virus or being phished by script kiddie or hacker.
Concluded.....
* TamoChou wrote this article for Imphal Times
The writer is RHCE, CSSA-Nielit, HP-ATA (SS, CD) and can be contacted at tamochou2012(AT)gmail(DOT)com
This article was webcasted on September 24, 2016.
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