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Cyber Law UNIT-3,4,5

The document discusses freedom of speech and expression in cyberspace, including the global reach enabled by the internet, diverse online platforms, anonymity and pseudonymity, challenges to regulation, and debates around content moderation and government regulation. It also addresses the right to access cyberspace and how access enables opportunities in areas like education, employment, and civic participation as well as economic opportunities through e-commerce and remote work.

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Giri Subbu
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0% found this document useful (0 votes)
62 views29 pages

Cyber Law UNIT-3,4,5

The document discusses freedom of speech and expression in cyberspace, including the global reach enabled by the internet, diverse online platforms, anonymity and pseudonymity, challenges to regulation, and debates around content moderation and government regulation. It also addresses the right to access cyberspace and how access enables opportunities in areas like education, employment, and civic participation as well as economic opportunities through e-commerce and remote work.

Uploaded by

Giri Subbu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UNIT-3
1) Explain about Freedom of Speech and Expression in Cyberspace.
Freedom of speech and expression in cyberspace refers to the fundamental
right of individuals to express their opinions, thoughts, ideas, and beliefs online
without censorship or undue restrictions. Cyberspace, encompassing the
internet and digital communication platforms, has become a vital medium for
exercising freedom of speech in the modern era. Here are several key aspects
of freedom of speech and expression in cyberspace:
Global Reach: Cyberspace transcends national borders, allowing individuals to
communicate and share information with a global audience instantly. This
global reach enhances the potential impact of free expression by enabling
people to reach diverse audiences and engage in discussions on a wide range
of topics without geographical limitations.
Diverse Platforms: The internet hosts a diverse array of platforms and services
that facilitate communication and expression, including social media networks,
blogging platforms, online forums, video-sharing websites, and messaging
apps. These platforms offer users various avenues for sharing their thoughts,
opinions, and creative content with others.
Anonymity and Pseudonymity: Cyberspace provides individuals with the
ability to express themselves anonymously or under pseudonyms, allowing
them to voice dissenting opinions or discuss sensitive topics without fear of
reprisal or persecution. Anonymity can promote a more open and honest
exchange of ideas, particularly in environments where freedom of speech is
restricted.
Challenges to Regulation: The decentralized nature of cyberspace presents
challenges for regulating speech and expression online. Unlike traditional
media outlets, which are subject to regulatory oversight and editorial control,
the internet offers a platform for anyone to publish content independently.
This decentralization makes it difficult to enforce restrictions on speech
without infringing on individual rights.
Content Moderation: Despite the principles of freedom of speech, online
platforms often engage in content moderation to address harmful or illegal
content, such as hate speech, harassment, misinformation, and incitement to
violence. However, the methods and standards used for content moderation
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vary among platforms, leading to debates over censorship, transparency, and


accountability.
Government Regulation: Governments around the world regulate speech and
expression in cyberspace through laws and regulations that govern online
content, surveillance, and user privacy. While some regulations aim to protect
individuals from harm or uphold public order, others may restrict freedom of
speech by censoring dissenting viewpoints or stifling political opposition.
Censorship and Surveillance: Some governments employ censorship and
surveillance techniques to control online speech and suppress dissent. This
includes blocking access to certain websites and social media platforms,
monitoring online communications, and punishing individuals who express
dissenting opinions or criticize the government.
Human Rights and Digital Rights: Freedom of speech and expression in
cyberspace are closely linked to broader human rights principles, including the
rights to freedom of opinion and expression, privacy, and access to
information. Advocates for digital rights work to defend and promote these
rights in the digital age, challenging censorship, surveillance, and other threats
to online freedoms.
2) Write about Right to Access Cyberspace.
The right to access cyberspace refers to the fundamental human right of
individuals to access and participate in the digital realm, including the internet
and other online platforms, without discrimination or undue restrictions. As
technology continues to advance and the internet becomes increasingly
intertwined with everyday life, ensuring universal access to cyberspace is
essential for promoting freedom of expression, information sharing, economic
opportunities, and social inclusion. Here are several key aspects of the right to
access cyberspace:
Digital Inclusion: The right to access cyberspace is closely linked to the concept
of digital inclusion, which aims to ensure that all individuals, regardless of their
socioeconomic status, geographic location, or physical abilities, have equitable
access to digital technologies and online resources. Digital inclusion efforts
seek to bridge the digital divide by providing affordable internet access, digital
literacy training, and access to devices and infrastructure.
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Equal Opportunities: Access to cyberspace plays a crucial role in providing


equal opportunities for education, employment, healthcare, and civic
participation. It allows individuals to access educational resources, job
opportunities, healthcare information, government services, and cultural
content online, regardless of their background or circumstances. By reducing
barriers to access, cyberspace can empower marginalized communities and
promote social and economic equality.
Freedom of Expression: Cyberspace serves as a platform for exercising
freedom of expression and engaging in public discourse on a wide range of
topics. The right to access cyberspace enables individuals to express their
opinions, share information, and participate in online debates and discussions
without censorship or interference. By fostering a diverse and open exchange
of ideas, cyberspace promotes democratic values and facilitates the free flow
of information.
Information Access: Access to cyberspace provides individuals with access to a
vast array of information and knowledge resources, including news, research,
educational materials, and cultural content. This access to information
empowers individuals to make informed decisions, expand their horizons, and
pursue lifelong learning opportunities. It also facilitates access to critical
information during emergencies and crises, such as natural disasters or public
health emergencies.
Economic Opportunities: Cyberspace offers numerous economic opportunities
for individuals, entrepreneurs, and businesses, including e-commerce, online
freelancing, digital entrepreneurship, and remote work. The right to access
cyberspace enables individuals to participate in the digital economy, create
and share content, market their products and services, and connect with
customers and collaborators worldwide. Access to online platforms and digital
tools can also promote financial inclusion and economic empowerment for
underserved populations
Government Services and Participation: Access to cyberspace enables
individuals to access government services and participate in democratic
processes online, such as voting, petitioning, and engaging with elected
officials. E-government initiatives allow governments to deliver public services
more efficiently and transparently, while online civic engagement platforms
promote citizen participation and accountability. Ensuring universal access to
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cyberspace is essential for promoting civic participation, transparency, and


good governance.
Privacy and Security: While access to cyberspace offers numerous benefits, it
also raises concerns about privacy and security. Individuals have the right to
access cyberspace without fear of surveillance, data breaches, identity theft, or
other online threats. Protecting the privacy and security of users' data and
communications is essential for safeguarding their rights and building trust in
online platforms and services.
3) Write about Access to Internet.
Access to the internet refers to the ability of individuals to connect to the
worldwide network of computers and information resources known as the
internet. In today's digital age, internet access is considered essential for
participation in modern society, enabling individuals to communicate, access
information, conduct business, and engage in various online activities. Here are
several key aspects of access to the internet:
Connectivity: Internet access requires a connection to the internet through
various means, including broadband, Wi-Fi, mobile networks, and satellite
internet. Broadband internet offers high-speed connectivity, allowing users to
access online content quickly and efficiently. Wi-Fi networks enable wireless
connectivity within homes, offices, public spaces, and community areas.
Mobile networks provide internet access through smartphones, tablets, and
other mobile devices, allowing users to stay connected while on the go.
Devices: Access to the internet also requires compatible devices such as
computers, smartphones, tablets, and other internet-enabled devices. These
devices serve as the interface for accessing online content, communicating
with others, and interacting with digital services and applications. The
availability and affordability of internet-enabled devices play a significant role
in determining individuals' ability to access the internet.
Infrastructure: Internet access depends on the availability of infrastructure
such as telecommunications networks, internet service providers (ISPs), data
centers, and internet exchange points. Infrastructure development is essential
for expanding internet coverage, improving network reliability, and increasing
internet speeds. Governments, private sector companies, and international
organizations invest in infrastructure projects to expand internet access to
underserved areas and bridge the digital divide.
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Affordability: Affordability is a critical factor affecting internet access,


particularly in low-income and developing countries. The cost of internet
services, including subscription fees, data plans, and device expenses, can be
prohibitive for many individuals and households. Governments, regulators, and
industry stakeholders work to promote affordable internet access through
measures such as subsidies, price regulation, and investment incentives.
Digital Literacy: Access to the internet is not only about connectivity but also
about digital literacy—the ability to navigate, evaluate, and use digital
technologies effectively. Digital literacy skills are essential for accessing online
information, communicating with others, protecting privacy and security, and
participating in digital platforms and services. Education and training programs
help individuals develop digital literacy skills and bridge the digital divide.
Inclusivity: Access to the internet should be inclusive and equitable, ensuring
that everyone, regardless of their background, location, or circumstances, has
the opportunity to benefit from the opportunities offered by the internet.
Efforts to promote digital inclusion aim to address barriers to internet access
faced by marginalized and underserved communities, including rural
populations, people with disabilities, older adults, and low-income individuals.
Universal Service: Many countries recognize internet access as a universal
service that should be available to all citizens, similar to electricity, water, and
telecommunications services. Governments implement policies and
regulations to promote universal service objectives, such as extending internet
coverage to remote and rural areas, ensuring affordable access for low-income
households, and promoting digital inclusion initiatives.
Human Rights Perspective: Access to the internet is increasingly recognized as
a human right, essential for the exercise of other fundamental rights such as
freedom of expression, information access, and participation in democratic
processes. The United Nations and other international organizations affirm the
importance of internet access for promoting human rights, economic
development, and social inclusion.
4) Write about Right to Privacy.
The right to privacy is a fundamental human right that protects individuals'
autonomy, dignity, and personal space from unwarranted interference or
intrusion by others, including governments, corporations, and individuals. It
encompasses the right to control one's personal information, make
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autonomous decisions about one's private life, and maintain confidentiality in


communications and interactions. The right to privacy is recognized and
protected by various international treaties, national constitutions, and legal
frameworks worldwide. Here are several key aspects of the right to privacy:
Personal Autonomy: The right to privacy is closely linked to the concept of
personal autonomy—the ability of individuals to make independent choices
about their personal lives, relationships, and behaviors without external
interference. This includes decisions related to family matters, reproductive
choices, sexual orientation, religious beliefs, and lifestyle preferences.
Privacy of the Person: The right to privacy encompasses the right to physical
and bodily privacy, protecting individuals from unwanted intrusion into their
bodies, homes, and personal spaces. This includes freedom from surveillance,
searches, and seizures without legal justification, as well as protection against
arbitrary detention and imprisonment.
Privacy of Communications: The right to privacy includes the right to privacy of
communications, safeguarding individuals' confidentiality in their
communications, correspondence, and interactions. This encompasses
protection against unauthorized interception, monitoring, and surveillance of
electronic communications, such as phone calls, emails, text messages, and
online chats.
Data Privacy: With the proliferation of digital technologies and the collection
of vast amounts of personal data, data privacy has become a significant aspect
of the right to privacy. Individuals have the right to control how their personal
data is collected, processed, stored, and shared by organizations and
governments. Data privacy laws and regulations aim to protect individuals'
privacy rights and ensure responsible handling of personal data by data
controllers and processors.
Privacy in Public Spaces: While privacy traditionally pertains to private spaces,
such as homes and personal communications, the right to privacy also extends
to public spaces to some extent. Individuals have a reasonable expectation of
privacy in public places, protecting them from intrusive surveillance,
photography, and disclosure of personal information without consent.
Privacy and Technology: Advances in technology, such as surveillance
cameras, facial recognition systems, biometric identification, and data
analytics, pose new challenges to privacy rights. While technology offers many
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benefits, it also increases the risk of privacy violations and abuse. Ensuring
privacy protections in the digital age requires a balance between innovation
and regulation to safeguard individuals' rights.
Privacy and Government Surveillance: Government surveillance programs,
such as mass surveillance, wiretapping, and data retention schemes, raise
concerns about the erosion of privacy rights and civil liberties. Surveillance
activities must be conducted within the bounds of the law, with appropriate
safeguards, oversight mechanisms, and judicial review to prevent abuse and
protect individual privacy rights.
Privacy as a Human Right: The right to privacy is recognized as a fundamental
human right under international law, enshrined in treaties such as the
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, and the European Convention on Human Rights. Upholding
privacy rights is essential for preserving human dignity, personal freedom, and
democratic values in society.
5) Explain about Right to Data Protection.
The right to data protection, also known as the right to privacy in personal
data, is a fundamental human right that safeguards individuals' control over
their personal information. It encompasses the right to control how one's data
is collected, processed, stored, and shared by organizations, governments, and
other entities. The right to data protection is essential for preserving privacy,
autonomy, and individual freedom in the digital age. Here are several key
aspects of the right to data protection:
Control over Personal Data: The right to data protection grants individuals the
authority to exercise control over their personal data. This includes the right to
know what data is being collected, how it will be used, and who will have
access to it. Individuals have the right to consent to the collection and
processing of their data and to withdraw consent at any time. They also have
the right to request access to their personal data and to request corrections or
deletions of inaccurate or outdated information.
Transparency and Accountability: Data protection laws and regulations
require organizations to be transparent about their data practices and to
implement measures to ensure accountability for data handling. This includes
providing clear and easily understandable privacy policies, informing
individuals about data breaches or security incidents, and establishing
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mechanisms for individuals to lodge complaints and seek redress for privacy
violations.
Purpose Limitation: Organizations are required to collect and process personal
data only for specified, legitimate purposes and to refrain from using the data
for other purposes without appropriate consent or legal justification. This
principle of purpose limitation ensures that data is not used in ways that are
inconsistent with individuals' expectations or rights.
Data Minimization: The principle of data minimization requires organizations
to collect and retain only the minimum amount of personal data necessary to
fulfill the intended purpose. This helps reduce the risk of privacy breaches and
misuse of data by limiting the amount of sensitive information in circulation.
Security Measures: Organizations are responsible for implementing
appropriate technical and organizational measures to protect personal data
against unauthorized access, disclosure, alteration, or destruction. This
includes encryption, access controls, secure storage practices, regular security
assessments, and employee training on data protection best practices.
Cross-Border Data Transfers: When personal data is transferred across
national borders, organizations must ensure that adequate safeguards are in
place to protect the data and uphold individuals' privacy rights. This may
involve using data transfer mechanisms such as standard contractual clauses,
binding corporate rules, or obtaining individuals' explicit consent for
international data transfers.
Data Subject Rights: Data protection laws typically grant individuals certain
rights to exercise control over their personal data. These rights may include the
right to access their data, the right to rectify inaccuracies, the right to erasure
(or the "right to be forgotten"), the right to restrict processing, and the right to
data portability.
Regulatory Oversight: Governments establish data protection authorities or
regulatory agencies responsible for enforcing data protection laws and
regulations, investigating complaints, and imposing penalties for non-
compliance. These authorities play a crucial role in ensuring that organizations
comply with data protection requirements and respect individuals' privacy
rights.
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6) Explain Human Rights issues in Cyberspace.


Human rights issues in cyberspace encompass a range of challenges and
concerns related to the exercise and protection of fundamental human rights
in the digital realm. As the internet and digital technologies become
increasingly integrated into various aspects of daily life, new opportunities and
risks emerge, impacting individuals' rights and freedoms. Here are several key
human rights issues in cyberspace:
Freedom of Expression: The internet provides a platform for individuals to
express their opinions, share information, and participate in public discourse.
However, restrictions on freedom of expression in cyberspace, such as
censorship, content filtering, and online surveillance, pose threats to
individuals' ability to communicate freely and access information without
interference.
Privacy and Data Protection: The collection, processing, and storage of
personal data by governments and private entities raise concerns about
individuals' right to privacy. Surveillance programs, data breaches, online
tracking, and profiling activities can compromise individuals' privacy rights and
expose them to risks such as identity theft, discrimination, and manipulation.
Surveillance and State Control: Government surveillance programs and mass
surveillance practices in cyberspace can infringe on individuals' privacy rights
and undermine democratic principles. Surveillance activities, such as
monitoring online communications, collecting metadata, and conducting
warrantless searches, raise concerns about government overreach, abuse of
power, and violations of due process.
Censorship and Internet Freedom: Internet censorship, content filtering, and
website blocking by governments restrict individuals' access to information
and curtail freedom of expression online. Censorship practices target political
dissent, dissenting viewpoints, and content deemed offensive or harmful,
limiting individuals' ability to access diverse perspectives and engage in open
debate.
Digital Divide and Access to Information: The digital divide, characterized by
disparities in internet access and digital literacy, exacerbates inequalities in
access to information and opportunities. Marginalized communities, including
rural populations, low-income individuals, and people with disabilities, may
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face barriers to accessing the internet and participating fully in digital society,
limiting their ability to exercise their rights and access essential services.
Cybersecurity and Human Rights: Cybersecurity threats, such as cyberattacks,
malware, and data breaches, pose risks to individuals' rights and freedoms.
Cybersecurity measures implemented by governments and private entities,
such as network monitoring, data encryption, and vulnerability assessments,
must balance security needs with respect for human rights, ensuring that
security measures do not infringe on individuals' privacy or restrict their
freedom of expression.
Digital Rights and Online Activism: Digital rights encompass a range of rights
and freedoms related to the internet and digital technologies, including
freedom of expression, privacy, access to information, and participation in
digital society. Online activism, social media advocacy, and digital organizing
play a crucial role in promoting human rights, raising awareness about social
issues, and holding governments and corporations accountable for their
actions.
Online Harassment and Cyberbullying: Online harassment, cyberbullying, and
hate speech can create hostile environments, intimidate individuals, and
violate their dignity and safety online. Targeted harassment based on factors
such as race, gender, sexual orientation, and religion can have profound
psychological and emotional impacts on victims, threatening their right to
freedom from discrimination and harassment.

UNIT-4
7) Write about Cyber Crimes against Individuals.
Cyber crimes against individuals refer to illegal activities perpetrated against
people through the use of digital technologies and the internet. These crimes
can have serious consequences for victims, ranging from financial loss and
identity theft to emotional distress and privacy violations. Cyber crimes against
individuals encompass a wide range of illicit activities, including:
Identity Theft: Identity theft involves stealing someone's personal information,
such as their name, Social Security number, credit card details, or passwords,
with the intent to commit fraud or other crimes. Cyber criminals may use
various methods, such as phishing emails, malware, or data breaches, to obtain
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individuals' personal information and impersonate them for financial gain or


other malicious purposes.

Financial Fraud: Cyber criminals may engage in various forms of financial


fraud, such as online scams, phishing schemes, and fraudulent transactions, to
defraud individuals of their money or assets. These crimes may involve tricking
victims into providing their financial information, making unauthorized charges
to their credit cards, or transferring funds to fraudulent accounts.
Online Harassment and Cyber bullying: Online harassment and cyberbullying
involve using digital technologies, such as social media, email, or messaging
platforms, to intimidate, threaten, or bully individuals. Cyberbullies may target
victims based on factors such as their race, gender, sexual orientation, or
religion, inflicting emotional harm and psychological distress.
Cyber Stalking: Cyber stalking refers to the use of digital technologies to
harass, monitor, or surveil individuals without their consent. Cyber stalkers
may use various tactics, such as sending threatening messages, tracking
victims' online activities, or using geolocation data to monitor their
movements, to intimidate or control their victims.
Online Fraud and Scams: Online fraud and scams encompass a variety of
deceptive practices aimed at deceiving individuals into providing money,
personal information, or sensitive data to cyber criminals. Common types of
online fraud include advance-fee scams, lottery scams, romance scams, and
investment scams, which exploit victims' trust and naivety for financial gain.
Privacy Violations: Privacy violations occur when cyber criminals unlawfully
access, disclose, or misuse individuals' private information without their
consent. This may include hacking into individuals' email accounts or social
media profiles, unauthorized surveillance, or sharing intimate or sensitive
content without permission, leading to embarrassment, reputational damage,
or other harms.
Cyber Extortion: Cyber extortion involves threatening individuals with harm,
embarrassment, or financial loss unless they comply with the extortionist's
demands. Common forms of cyber extortion include ransomware attacks,
where cyber criminals encrypt victims' data and demand payment for its
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release, and sextortion, where perpetrators blackmail individuals with


compromising or intimate photos or videos.
Online Predation: Online predation refers to the grooming, exploitation, or
abuse of individuals, particularly children and vulnerable individuals, through
online platforms and communication channels. Predators may use social
media, chat rooms, or gaming platforms to establish relationships with victims,
manipulate them into engaging in inappropriate or illegal activities, or coerce
them into meeting in person.
8) Write a shot note on Hacking.
Hacking refers to the unauthorized access, manipulation, or exploitation of
computer systems, networks, or digital devices for malicious purposes. It can
involve a range of activities, from gaining unauthorized access to sensitive
information to disrupting or damaging computer systems. Hacking techniques
can vary widely, from exploiting software vulnerabilities and weak passwords
to social engineering tactics and phishing attacks. While some hackers may
engage in cybercrime for financial gain or personal motives, others may hack
for ethical reasons, such as uncovering security flaws or advocating for digital
rights. However, regardless of the intentions behind hacking, unauthorized
access to computer systems and data is illegal and can have serious
consequences for individuals, businesses, and organizations. Preventing
hacking requires robust cybersecurity measures, including regular software
updates, strong password policies, network monitoring, and user education on
cybersecurity best practices.
9) Write about Digital Forgery.
Digital forgery, also known as digital manipulation or digital tampering, refers
to the alteration or manipulation of digital content, such as images, videos,
documents, or audio recordings, to deceive or mislead viewers. With the
proliferation of digital editing tools and software, it has become increasingly
easy for individuals to create convincing forgeries that are difficult to detect.
Digital forgery can take various forms and serve different purposes, including:
Image Manipulation: Digital forgery often involves the alteration or
manipulation of images to create false or misleading representations of reality.
This may include editing photographs to remove or add objects, people, or
details, changing colors or textures, or combining multiple images to create a
composite scene. Image manipulation techniques can be used for various
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purposes, such as creating fake news, fabricating evidence, or enhancing visual


effects in media production.

Video Editing: Video manipulation involves editing or altering video footage to


create deceptive or misleading content. This may include modifying the
sequence of events, adding or removing elements from the video, or altering
the audio track. Video editing software allows individuals to create deepfake
videos, where faces are digitally replaced or manipulated to make it appear as
though someone is saying or doing something they did not. Deepfake
technology poses significant risks for misinformation, disinformation, and
social manipulation.
Document Forgery: Digital forgery can also involve the creation or alteration of
digital documents, such as text files, PDFs, or electronic records. This may
include forging signatures, altering the content of documents, or creating
counterfeit documents that appear legitimate. Document forgery can be used
for various fraudulent purposes, such as identity theft, financial fraud, or
falsifying official records.
Audio Manipulation: Audio manipulation involves editing or altering audio
recordings to create misleading or false representations of speech or sound.
This may include editing out words or phrases, changing the tone or pitch of
the voice, or splicing together different audio clips to create a deceptive
conversation. Audio manipulation techniques can be used for purposes such as
creating fake audio recordings, impersonating individuals, or spreading
misinformation.
Digital Watermarking: Digital watermarking is a technique used to embed
hidden information or identifiers into digital content to verify its authenticity
or track its origin. Watermarking can help detect digital forgeries and prevent
unauthorized use or distribution of copyrighted material. However,
sophisticated forgers may attempt to remove or alter watermarks to evade
detection.
Detection and Authentication: Detecting and authenticating digital forgeries
can be challenging due to the increasing sophistication of manipulation
techniques. Forensic analysis tools and techniques, such as image analysis
algorithms, metadata examination, and blockchain technology, can help
identify signs of tampering and verify the authenticity of digital content.
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Additionally, educating individuals about the risks of digital forgery and


promoting media literacy can help mitigate the spread of misinformation and
disinformation.
10) Write about Cyber terrorism?
Cyberterrorism refers to the use of digital technologies, such as computers,
networks, and the internet, to conduct terrorist activities aimed at causing
disruption, destruction, or harm to individuals, organizations, or governments.
Cyberterrorism involves the deliberate use of cyber attacks to instill fear,
create chaos, or achieve ideological, political, or religious objectives. Unlike
traditional forms of terrorism, which rely on physical violence or coercion,
cyberterrorism leverages technology to achieve its goals. Here are several key
aspects of cyberterrorism:
Types of Cyber Attacks:
Denial-of-Service (DoS) Attacks: DoS attacks aim to disrupt or disable
computer systems, networks, or websites by overwhelming them with
excessive traffic or requests, causing them to become inaccessible or
inoperable.
Malware Attacks: Malicious software, or malware, such as viruses, worms,
Trojans, and ransomware, can be used to infect computer systems, steal
sensitive information, or cause damage to data and infrastructure.
Hacking and Intrusions: Cyberterrorists may exploit vulnerabilities in computer
systems or networks to gain unauthorized access, steal data, or manipulate
digital resources for malicious purposes.
Cyber Espionage: Cyberterrorists may engage in cyber espionage activities to
gather intelligence, monitor communications, or sabotage critical
infrastructure for strategic or political purposes.
Information Warfare: Information warfare tactics, such as spreading
propaganda, disinformation, or false narratives through social media, websites,
or online forums, can be used to manipulate public opinion, incite violence, or
destabilize governments.
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Targets of Cyberterrorism:
Government Agencies: Cyberterrorists may target government agencies to
disrupt critical services, steal sensitive information, or undermine national
security.
Critical Infrastructure: Critical infrastructure sectors, such as energy,
transportation, finance, healthcare, and telecommunications, are vulnerable to
cyber attacks that can disrupt essential services and cause widespread
disruption.
Financial Institutions: Cyberterrorists may target financial institutions to steal
money, commit fraud, or destabilize the global economy by disrupting financial
markets and transactions.
Military and Defense Systems: Military and defense systems are prime targets
for cyberterrorism, as attacks on these systems can compromise national
security, intelligence capabilities, and military operations.
Motivations and Objectives: The motivations behind cyberterrorism may vary,
but they often include ideological, political, religious, or extremist motives.
Cyberterrorists may seek to:

11) Explain about Different offences Under IT Act,2000.


The Information Technology (IT) Act, 2000, is an Indian legislation that provides
a legal framework for electronic governance and regulates various aspects of
electronic commerce, digital transactions, and cybersecurity. The act defines
several offenses related to computer systems, networks, and digital data, along
with corresponding penalties. Here are some of the key offenses under the IT
Act, 2000:
Unauthorized Access and Hacking (Section 43): This offense involves
unauthorized access to computer systems, networks, or data, as well as
hacking into computer systems with malicious intent. It includes acts such as
accessing computer systems without authorization, exceeding authorized
access, and introducing malware or viruses into computer systems.
Damage to Computer Systems (Section 43A): This offense pertains to causing
damage to computer systems, networks, or data, either intentionally or
negligently. It includes actions that result in the loss, destruction, alteration, or
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disruption of computer resources, leading to financial or reputational harm to


individuals or organizations.
Data Theft (Section 43B): Data theft involves unauthorized copying, extraction,
or misuse of digital data stored on computer systems or networks. It
encompasses stealing sensitive information, such as personal data, trade
secrets, or intellectual property, for illicit purposes, such as identity theft,
espionage, or financial fraud.
Denial of Service (DoS) Attacks (Section 66): This offense involves launching
Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks against
computer systems, networks, or websites, with the aim of disrupting or
disabling their services. It includes flooding target systems with excessive
traffic or requests, rendering them inaccessible to legitimate users.
Cyber Stalking (Section 66A): Cyber stalking refers to harassing, threatening,
or intimidating individuals through electronic communications, such as emails,
social media, or messaging platforms. It includes actions that cause fear,
distress, or emotional harm to victims, such as sending threatening messages,
posting defamatory content, or monitoring their online activities without
consent.
Identity Theft (Section 66C): Identity theft involves impersonating someone
else or assuming their identity for fraudulent purposes. It includes stealing
personal information, such as names, addresses, or financial details, to commit
crimes such as financial fraud, credit card fraud, or online scams.
Cyber Fraud (Section 66D): Cyber fraud encompasses various forms of online
fraud or deception aimed at defrauding individuals or organizations. It includes
fraudulent activities such as phishing scams, lottery scams, investment scams,
and online shopping fraud, where perpetrators use deceitful tactics to trick
victims into providing money or sensitive information.
Child Pornography (Section 67B): This offense pertains to the production,
distribution, or possession of child pornography, including sexually explicit
images or videos involving minors. It aims to protect children from exploitation
and abuse by criminalizing the creation or dissemination of pornographic
material depicting minors.
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12) Explain Cyber Defamation.


Cyber defamation, also known as online defamation or internet defamation
refers to the act of making false and defamatory statements about an
individual, organization, or entity through digital channels, such as websites,
social media platforms, forums, or online publications. Defamation occurs
when someone publishes or communicates false statements that harm the
reputation, integrity, or credibility of another person or entity, causing them
reputational damage or harm to their personal or professional standing.
False Statements: Cyber defamation involves the dissemination of false or
misleading information about the target individual or entity. These statements
may be outright fabrications, distortions of the truth, or partial truths
presented in a misleading context. The false statements may relate to various
aspects of the target's life, including their character, competence, integrity, or
professional conduct.
Publication: Defamatory statements must be published or communicated to a
third party to constitute defamation. In the context of cyber defamation,
publication occurs when defamatory content is shared, posted, or distributed
online, making it accessible to a wider audience beyond the original author or
creator. This can include posts on social media, comments on blogs or forums,
articles on websites, or reviews on online platforms.
Harm to Reputation: Cyber defamation causes harm to the reputation and
standing of the target individual or entity. The false statements may tarnish the
target's reputation, credibility, or goodwill, leading to loss of business
opportunities, damage to professional relationships, or emotional distress. The
impact of cyber defamation can be significant, affecting the target's personal
and professional life, as well as their social standing and mental well-being.
Legal Remedies: Victims of cyber defamation may pursue legal remedies to
address the harm caused by defamatory statements. Depending on the
jurisdiction, defamation laws may provide avenues for victims to seek
damages, injunctive relief, or court orders to remove or retract defamatory
content. Legal actions may be pursued against the individual or entity
responsible for publishing the defamatory statements, as well as against
intermediaries, such as internet service providers or social media platforms, in
some cases.
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Freedom of Expression: While defamation laws aim to protect individuals from


false and harmful statements, they must be balanced with considerations of
freedom of expression and the public interest. Courts may weigh the right to
freedom of speech against the harm caused by defamatory statements and
consider factors such as the truthfulness of the statements, the context in
which they were made, and the public interest in the information.
Cyberbullying and Harassment: Cyber defamation can overlap with
cyberbullying and online harassment, particularly when defamatory
statements are made with the intent to intimidate, harass, or humiliate the
target individual. Cyberbullying involves repeated and deliberate acts of
aggression or harassment online, often targeting individuals with the aim of
causing emotional harm or distress.

UNIT-5
13)Write about interface with Copyright Law.
The interface between cyber defamation and copyright law arises in situations
where defamatory statements are made about individuals or entities in the
context of copyrighted material. This intersection involves considerations of
both defamation law, which protects individuals from false and harmful
statements, and copyright law, which protects the rights of creators and
owners of original works.
Infringement of Copyrighted Material: Cyber defamation may involve the
unauthorized reproduction, distribution, or modification of copyrighted
material as part of defamatory statements. For example, if defamatory content
includes excerpts from copyrighted text, images, videos, or other creative
works without permission from the copyright owner, it may constitute
copyright infringement in addition to defamation.
Fair Use and Defamation: In some cases, the use of copyrighted material in
defamatory statements may raise questions about fair use. Fair use is a legal
doctrine that allows the limited use of copyrighted material without
permission from the copyright owner for purposes such as criticism,
commentary, news reporting, or educational purposes. Courts may consider
whether the use of copyrighted material in defamatory statements qualifies as
fair use based on factors such as the purpose and character of the use, the
P a g e | 19

nature of the copyrighted work, the amount and substantiality of the portion
used, and the effect of the use on the market for the original work.

Ownership of Defamatory Content: Copyright law also raises questions about


the ownership of defamatory content posted online. If defamatory statements
are made using copyrighted material, the copyright owner may have legal
recourse against the individual or entity responsible for the defamation.
Copyright owners may seek remedies for copyright infringement, such as
damages, injunctions, or takedown notices under the Digital Millennium
Copyright Act (DMCA), to address both the unauthorized use of copyrighted
material and the defamation.
Safe Harbor Provisions: Online service providers, such as internet service
providers (ISPs), web hosting companies, and social media platforms, may
benefit from safe harbor provisions under copyright law and other legal
frameworks. These provisions offer immunity from liability for copyright
infringement or defamation committed by third-party users of their platforms,
provided they comply with certain requirements, such as implementing notice-
and-takedown procedures for addressing infringing or defamatory content.
Balancing Rights: The interface between cyber defamation and copyright law
requires a delicate balance between protecting the rights of individuals and
entities from defamation and safeguarding the rights of creators and owners of
copyrighted material. Courts must consider competing interests and legal
principles, such as freedom of speech, freedom of the press, and the public
interest, when adjudicating cases involving defamation and copyright
infringement online.

14) Write about Property Issues in Cyber Space.


Property issues in cyberspace pertain to the ownership, control, and protection
of various forms of digital property, assets, and resources in the online
environment. As the internet and digital technologies continue to evolve, new
challenges arise concerning the recognition, enforcement, and regulation of
property rights in cyberspace. Here are several key property issues in
cyberspace:
P a g e | 20

Intellectual Property Rights: Intellectual property (IP) rights play a crucial role
in cyberspace, encompassing copyrights, trademarks, patents, and trade
secrets. Online content, such as text, images, videos, music, software, and
digital publications, is protected by copyright law, which grants creators
exclusive rights to reproduce, distribute, and display their works. Trademarks
are used to protect brand names, logos, and symbols in online commerce,
while patents safeguard inventions and technological innovations. Protecting
intellectual property rights in cyberspace requires mechanisms for enforcing
copyright laws, combating piracy, and addressing infringements through legal
remedies such as takedown notices, cease-and-desist letters, and litigation.

Digital Assets and Virtual Property: Digital assets and virtual property refer to
intangible assets or rights that exist in digital form within online environments,
such as virtual currencies, digital goods, in-game items, and virtual real estate.
Ownership of digital assets is governed by terms of service agreements, end-
user license agreements (EULAs), and virtual property rights established by
platform operators or game developers. However, disputes may arise
concerning the ownership, transferability, and value of virtual property,
particularly in online gaming environments and virtual worlds.
Data Ownership and Privacy: Data ownership relates to the control and
ownership rights over personal data, user-generated content, and information
collected through digital platforms and services. Individuals may have property
rights in their personal data under data protection laws, which grant them
control over how their data is collected, used, and shared by organizations.
Privacy concerns arise regarding the unauthorized collection, exploitation, and
monetization of personal data by tech companies, advertisers, and third-party
service providers without individuals' consent.
Domain Names and Internet Addresses: Domain names serve as online
addresses that enable users to access websites and online resources on the
internet. Domain names are registered and managed by domain name
registrars and regulated by domain name system (DNS) authorities such as the
Internet Corporation for Assigned Names and Numbers (ICANN). Domain name
disputes may arise over trademark infringement, cybersquatting, or abusive
registration practices, requiring resolution through domain name dispute
resolution procedures such as the Uniform Domain-Name Dispute-Resolution
Policy (UDRP).
P a g e | 21

Cybersecurity and Digital Assets Protection: Cybersecurity measures are


essential for protecting digital assets and property rights in cyberspace from
unauthorized access, theft, or exploitation by cybercriminals. Effective
cybersecurity strategies include implementing encryption, access controls,
firewalls, and intrusion detection systems to safeguard digital assets, networks,
and systems from cyber threats such as hacking, data breaches, ransomware
attacks, and malware infections.
Blockchain and Digital Ownership: Blockchain technology enables
decentralized digital ownership and asset management through distributed
ledger systems that record ownership rights and transactions in a tamper-
resistant and transparent manner. Blockchain-based platforms and smart
contracts facilitate the tokenization and transfer of digital assets, including
cryptocurrencies, digital securities, and non-fungible tokens (NFTs), which
represent ownership rights to unique digital assets such as digital art,
collectibles, and virtual goods

15) Explain about interface with Patent Law.


The interface between cyber defamation and patent law primarily concerns
instances where patented technology or inventions are involved in defamatory
statements or online disputes. This intersection involves considerations of both
defamation law, which protects individuals from false and harmful statements,
and patent law, which grants inventors exclusive rights to their inventions.
Here's how cyber defamation interacts with patent law:
Defamatory Statements about Patented Inventions: Cyber defamation may
involve false and derogatory statements made about patented inventions,
technologies, or products. These statements may disparage the quality,
effectiveness, or legitimacy of patented inventions, potentially harming the
reputation or commercial prospects of the patent holder. Defamatory
statements about patented inventions may be made by competitors,
disgruntled customers, or individuals with a vested interest in undermining the
patent holder's rights or business interests.
Challenges to Patent Validity: In some cases, cyber defamation may involve
challenges to the validity of patents or the credibility of patent holders. False
statements questioning the novelty, inventiveness, or validity of patented
inventions may be disseminated online with the intent to discredit the patent
P a g e | 22

holder or invalidate their patents. Such statements may be made by


competitors, patent infringers, or individuals seeking to challenge the
enforceability of patents through legal proceedings or administrative actions.

Defamation Claims by Patent Holders: Patent holders who are the targets of
defamatory statements may have legal recourse under defamation laws to
seek remedies for the harm caused by false and harmful statements.
Defamation claims may be pursued against individuals, entities, or online
platforms responsible for publishing or disseminating defamatory content
about patented inventions. Patent holders may seek damages, injunctive relief,
or court orders to remove or retract defamatory statements and mitigate the
reputational damage caused by cyber defamation.
Protection of Patent Rights: Patent holders may take proactive measures to
protect their patent rights and mitigate the risk of cyber defamation. This may
include monitoring online forums, social media platforms, and websites for
defamatory statements about patented inventions, as well as implementing
strategies to respond to false allegations and misinformation. Patent holders
may also engage in public relations efforts to promote accurate information
about their patented inventions and address any misconceptions or concerns
raised by defamatory statements.
Balancing Free Speech and Patent Rights: The interface between cyber
defamation and patent law raises complex legal issues concerning the balance
between freedom of speech and the protection of patent rights. While
individuals have the right to express their opinions and criticisms online,
defamation laws impose limits on speech that causes harm to others. Courts
must consider competing interests and legal principles, such as the public
interest in free expression, the need to protect intellectual property rights, and
the harm caused by false and defamatory statements, when adjudicating cases
involving cyber defamation and patent law.

16) Explain Different types of Civil Wrong under the IT Act,2000.


The Information Technology (IT) Act, 2000, primarily focuses on regulating
various aspects of electronic transactions, digital signatures, cybersecurity, and
data protection. While it addresses several civil and criminal offenses related
P a g e | 23

to electronic governance and cybercrime, it primarily deals with penalties and


legal remedies for violations of its provisions. However, there are certain civil
wrongs or liabilities that can arise under the IT Act, 2000, pertaining to
electronic transactions and digital communications. Here are some types of
civil wrongs under the IT Act, 2000:
Contractual Disputes: The IT Act, 2000, recognizes electronic contracts or
agreements made through electronic communication as legally enforceable.
Civil wrongs may arise from breaches of electronic contracts, disputes over
terms and conditions of online transactions, or failures to fulfill contractual
obligations in electronic commerce transactions.
Negligence in Electronic Transactions: Civil liabilities may arise from
negligence in electronic transactions, such as failure to exercise reasonable
care and diligence in handling electronic records, digital signatures, or sensitive
information. Negligent acts or omissions in electronic transactions may result
in financial losses, damages, or harm to individuals or organizations.
Breach of Privacy: The IT Act, 2000, contains provisions related to the
protection of privacy and the confidentiality of electronic communications and
data. Civil wrongs may arise from unauthorized access to personal information,
data breaches, or violations of privacy rights under the IT Act, 2000. Individuals
or organizations may seek civil remedies for damages or injunctive relief for
breaches of privacy.
Defamation and Cyber Libel: While defamation is primarily a criminal offense
under the Indian Penal Code (IPC), civil liabilities for defamation may also arise
under the IT Act, 2000, in cases of cyber libel or online defamation.
Defamatory statements made through electronic communication, such as
emails, social media posts, or online publications, may result in civil claims for
damages, injunctive relief, or retraction of defamatory content.
Intellectual Property Infringement: Civil wrongs related to intellectual
property infringement, such as copyright infringement, trademark violations,
or patent disputes, may also arise in the context of electronic transactions and
digital communications governed by the IT Act, 2000. Civil remedies for
intellectual property infringement may include damages, injunctive relief, or
enforcement of IP rights through legal proceedings.
Cyber Fraud and Deception: Civil liabilities may arise from cyber fraud,
deceptive practices, or unfair trade practices in electronic transactions
P a g e | 24

conducted under the IT Act, 2000. Individuals or entities may seek civil
remedies for financial losses, damages, or restitution resulting from fraudulent
or deceptive electronic transactions.

Consumer Protection: The IT Act, 2000, includes provisions related to


consumer protection in electronic transactions, such as disclosure of
information, transparency in online transactions, and dispute resolution
mechanisms. Civil wrongs may arise from violations of consumer rights, unfair
or misleading practices, or breaches of consumer contracts in electronic
commerce.

17) Explain Trade marks & Domain Names Related issues.


Trade marks and domain names are both essential elements of branding and
online presence, and their intersection can lead to various legal and practical
issues. Here's an explanation of trade marks and domain names related issues:
Trademark Registration and Protection: A trademark is a distinctive sign or
symbol used to identify and distinguish the goods or services of one seller from
those of others. Trademarks can include words, logos, slogans, symbols, or
combinations thereof. Trademark registration provides exclusive rights to use
the mark in connection with specific goods or services and allows the
trademark owner to prevent others from using confusingly similar marks in the
same or related fields. Trademark protection extends to both offline and online
use, including domain names.
Domain Name Registration: A domain name is a unique web address that
identifies a specific website on the internet. Domain names consist of a series
of characters separated by dots, such as example.com. Domain names serve as
online identifiers and are essential for establishing an online presence and
facilitating access to websites. Domain names are registered through domain
registrars and are subject to availability and registration rules established by
domain name authorities, such as ICANN.
Cybersquatting: Cybersquatting occurs when individuals or entities register
domain names that are identical or confusingly similar to established
trademarks with the intent to profit from the goodwill or reputation associated
with the trademark. Cybersquatters may register domain names containing
P a g e | 25

trademarks for the purpose of selling them to the trademark owner at an


inflated price, diverting internet traffic, or tarnishing the reputation of the
trademark owner. Cybersquatting is illegal and can lead to legal disputes and
domain name disputes.
Domain Name Disputes: Domain name disputes arise when there is a conflict
between trademark rights and domain name registrations. Trademark owners
may challenge domain name registrations that infringe on their rights through
domain name dispute resolution procedures, such as the Uniform Domain-
Name Dispute-Resolution Policy (UDRP) or the Uniform Rapid Suspension
(URS) system. These procedures allow trademark owners to seek the transfer
or cancellation of infringing domain names registered in bad faith.
Trademark Infringement: Trademark infringement occurs when a domain
name is used in a manner that violates the rights of a trademark owner. This
may include registering domain names that are identical or confusingly similar
to established trademarks, using domain names in connection with goods or
services that are similar or related to those covered by the trademark, or
engaging in activities that dilute or tarnish the reputation of the trademark.
Trademark owners can enforce their rights against domain name infringers
through legal action, including cease-and-desist letters, domain name dispute
resolution procedures, or litigation.
Brand Protection Strategies: To address trademark and domain name related
issues, brand owners should implement proactive brand protection strategies.
This may include conducting trademark searches and clearance checks before
selecting a new brand or domain name, registering trademarks with relevant
trademark offices, monitoring domain name registrations and online activities
for potential infringements, and enforcing trademark rights through legal
means when necessary.
P a g e | 26

Section Offence Punishment Bailability and


Congizability

65 Tampering with Imprisonment up to 3 Offence is Bailable,


Computer Source years or fine up to Rs 2 Cognizable and triable by
Code lakhs Court of JMFC.

66 Computer Related Imprisonment up to 3 Offence is Bailable,


Offences years or fine up to Rs 5 Cognizable and
lakhs

66-A Sending offensive Imprisonment up to 3 Offence is Bailable,


messages through years and fine Cognizable and triable by
Communication Court of JMFC
service, etc...

66-B Dishonestly Imprisonment up to 3 Offence is Bailable,


receiving stolen years and/or fine up to Cognizable and triable by
computer resource Rs. 1 lakh Court of JMFC
or communication
device

66-C Identity Theft Imprisonment of either Offence is Bailable,


description up to 3 years Cognizable and triable by
and/or fine up to Rs. 1 Court of JMFC
lakh

66-D Cheating by Imprisonment of either Offence is Bailable,


Personation by using description up to 3 years Cognizable and triable by
computer resource and /or fine up to Rs. 1 Court of JMFC
lakh

66-E Violation of Privacy Imprisonment up to 3 Offence is Bailable,


years and /or fine up to Cognizable and triable by
Rs. 2 lakh Court of JMFC

66-F Cyber Terrorism Imprisonment extend to Offence is Non-Bailable,


imprisonment for Life Cognizable and triable by
Court of Sessions

67 Publishing or On first Conviction, Offence is Bailable,


transmitting obscene imprisonment up to 3 Cognizable and triable by
material in years and/or fine up to Court of JMFC
P a g e | 27

electronic form Rs. 5 lakh On


Subsequent Conviction
imprisonment up to 5
years and/or fine up to
Rs. 10 lakh

67-A Publishing or On first Conviction Offence is Non-Bailable,


transmitting of imprisonment up to 5 Cognizable and triable by
material containing years and/or fine up to Court of JMFC
sexually explicit act, Rs. 10 lakh On
etc... in electronic Subsequent Conviction
form imprisonment up to 7
years and/or fine up to
Rs. 10 lakh

67-B Publishing or On first Conviction Offence is Non Bailable,


transmitting of imprisonment of either Cognizable and triable by
material depicting description up to 5 years Court of JMFC
children in sexually and/or fine up to Rs. 10
explicit act etc., in lakh On Subsequent
electronic form Conviction
imprisonment of either
description up to 7 years
and/or fine up to Rs. 10
lakh

67-C Intermediary Imprisonment up to 3 Offence is Bailable,


intentionally or years and fine Cognizable.
knowingly
contravening the
directions about
Preservation and
retention of
information

68 Failure to comply Imprisonment up to 2 Offence is Bailable, Non-


with the directions years and/or fine up to Cognizable.
given by Controller Rs. 1 lakh

69 Failure to assist the Imprisonment up to 7 Offence is Non-Bailable,


agency referred to in years and fine Cognizable.
sub section (3) in
P a g e | 28

regard interception
or monitoring or
decryption of any
information through
any computer
resource

69-A Failure of the Imprisonment up to 7 Offence is Non-Bailable,


intermediary to years and fine Cognizable.
comply with the
direction issued for
blocking for public
access of any
information through
any computer
resource

69-B Intermediary who Imprisonment up to 3 Offence is Bailable,


intentionally or years and fine Cognizable.
knowingly
contravenes the
provisions of sub-
section (2) in regard
monitor and collect
traffic data or
information through
any computer
resource for
cybersecurity

70 Any person who Imprisonment of either Offence is Non-Bailable,


secures access or description up to 10 Cognizable.
attempts to secure years and fine
access to the
protected system in
contravention of
provision of Sec. 70

70-B Indian Computer Imprisonment up to 1 Offence is Bailable, Non-


Emergency year and/or fine up to Cognizable
Response Team to Rs. 1 lakh
P a g e | 29

serve as national
agency for incident
response. Any
service provider,
intermediaries, data
centres, etc., who
fails to prove the
information called
for or comply with
the direction issued
by the ICERT.

71 Misrepresentation to Imprisonment up to 2 Offence is Bailable, Non-


the Controller to the years and/ or fine up to Cognizable.
Certifying Authority Rs. 1 lakh.

72 Breach of Imprisonment up to 2 Offence is Bailable, Non-


Confidentiality and years and/or fine up to Cognizable.
privacy Rs. 1 lakh.

72-A Disclosure of Imprisonment up to 3 Offence is Cognizable,


information in years and/or fine up to Bailable
breach of lawful Rs. 5 lakh.
contract

73 Publishing Imprisonment up to 2 Offence is Bailable, Non-


electronic Signature years and/or fine up to Cognizable.
Certificate false in Rs. 1 lakh
certain particulars

74 Publication for Imprisonment up to 2 Offence is Bailable, Non-


fraudulent purpose years and/or fine up to Cognizable.
Rs. 1 lakh

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