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17MCSC09   CYBER SECURITY AND CYBER LAW








                Failure to protect data (section 43A), Sending offensive messages (section 66A),
                Dishonestly  receiving  stolen  computer  (section  66B),  Identity  Theft  (section
                66C),  Cheating  by  personation  (section  66D),  Violation  of  privacy  (section

                66E), Cyber Terrorism (section 66F), Transmitting obscene electronic material   Notes
                (section 67), Electronic material containing sexually explicit act (section 67A),
                Child Pornography (section 67B), Preservation and retention of information by
                intermediaries (section 67C), Power of the Controller to give directions. (section 68),
                Interception or monitoring or decryption of any information (section 69), Blocking
                of information for public access (section 69A), Monitoring and collecting traffic
                data (section 69B), Protected System (section 70), Indian Computer Emergency
                Response Team (section 70B), Penalty for misrepresentation (section 71), Breach
                of confidentiality and privacy (section 72), Disclosure of information in breach of
                lawful contract (section 72A), Publishing false Electronic Signature Certificate
                (section 73), Publication for fraudulent purpose (section 74).
            2.  Investigation issues: Power to investigate offence (section 28, 78), Power of police

                officer (section 80).
            3.  Related  issues:  Extradition  Issues  (section  75),  Confiscation  (section  76),
                Compounding of offences (section 77A), Bailable & cognizable offences (sections
                77A, 77B), Liability of intermediary (section 79), Abetment (section 84B), Offences
                by companies (section 85), Blocking of websites.

            4.  Adjudication  issues:  45,  46,  47,  Chapter  10  and  Information  Technology
                (Qualification and experience of Adjudicating Officers and Manner of Holding
                Enquiry) Rules, 2003.
            5.  Documentation Issues: First Information Report, Property Search & Seizure Form,
                Final Form/ Report, Relevant checklists, relevant reports. Rehabilitation

           1.44  Misuse of technology


           Any data which is transferred online is subject to the risk of being intercepted and
           misused. Encrypting data before transferring it over the internet will go a long way
           in safeguarding against such interception. Even though the data may be intercepted it
           would be of no use unless it is decrypted. If encryption of data is adopted by all entities
           providing services through the internet then it would extremely helpful in protecting the
           customers privacy and also in protection of all other data. At present, the data encryption
           standards imposed on different categories of online service providers are not uniform.

           1.45  Computer Forensics


           Computer forensics can be categorized in two categories: firstly, the discovery, recovery,
           preservation and control of electronic data has been investigate, secondly, the analysis,

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