existing cyber legal issues, regimes & challenges
TRANSCRIPT
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CYBERLAW - EXISTING CYBER LEGAL ISSUES,
REGIMES & CHALLENGES
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A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT
OF INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL
ASSOCIATES
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CYBERLAW – EXISTING CYBER LEGAL ISSUES, REGIMES &
CHALLENGES
Twitter posts land 2 Saudi men in prison-
sentenced for 10 and 8 years respectively
Twitter posts expose adguru to 2 litigations
for crores of damages
Different jurisdictions similar cyber legal
regimes
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INTERNET OF THINGS AND CYBERLAW- JAN 2014
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CYBERLAW – EXISTING CYBER LEGAL ISSUES, REGIMES &
CHALLENGES
The world that we are currently living is a
different world altogether and it promises to
become even more different, difficult and
complex as days go by.
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CYBERLAW – EXISTING CYBER LEGAL ISSUES, REGIMES &
CHALLENGES Today in 2014, Internet is not only our lifeline but also the
foundation for large number of human activities and
endeavors.
It is in ironic that founding fathers of the Internet had no
inkling that Internet could be used for various criminal
purposes or could have legal ramifications.
However today, almost 2 decades after the advent of the
World Wide Web, Cyberlaw and cybercrime are important
subjects for consideration by all stakeholders in the digital
and mobile ecosystem.
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9/11 & 26/11 ATTACKS
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NSA REVELATIONS
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NSA PROOF INTERNET
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CYBERLAW – EXISTING CYBER LEGAL ISSUES, REGIMES &
CHALLENGES Today, world is concerned about the security
and sovereignty of its computer resources and
computer networks.
Countries do not want powers outside the
territorial boundaries to listen to their
communications or access their data that is
running on their domestic networks
it is only natural to expect countries start looking
in direction establishing country specific
internets.
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IMPORTANT CASES
Agricultural equipment manufacturing
company data theft case
Offensive emails to company matter
Phone defects blog case
Twitter rumour defamation case
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IMPORTANT CASES
Twitter fake handles used against company case
True Caller and CEO phone number compromise
case
Calls for fake interviews on social media case
Gurgaon call centre spy camera girl termination case
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CYBER BULLYING GALORE
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VIRTUAL LOLITA & 103 INDIANS
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GURUJI.COM SEARCH ENGINE –
CRIMINAL ACTION
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NIRMALJIT SINGH NARULA
Vs. INDIJOBS AT
HUBPAGES.COM & ORS
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MUZAFFARNAGAR
COMMUNAL RIOTS
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BANGALORE CYBER WAR
Facebook and Twitter were used to
disseminate hateful content leading to the
Bangalore Cyber terror attacks
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15TH AUGUST, 2012-
BANGALORE MASS
MIGRATIONS
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DECEMBER 2010
3rd December 2010- CBI official
website hacked by Pakistan Cyber Army
Lot of threatening language put up on
the hacked main page of CBI website
Case registered under Section 43 and
66 of the IT Act, 2000
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DR. L. PRAKASH- INDIA’S FIRST
LIFE TIMER CYBER CRIMINAL
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RECENT HACKING
EMAIL ACCOUNTS OF SENSITIVEINSITTUTIONS AND DEPARTMENTSOFFICIALS HACKED
ACCOUNTS BELONGED TONATIONAL DEFENCE ACADEMY &DRDO OFFICIALS
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IMPORTANT CASES
ARIF AZIM CASE
BAAZEE.COM CASE
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CYBERCRIME AS A SERVICE
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DATA PROTECTION
The issues relating to confidential
information and data of corporate and their
adequate protection have not been adequately
addressed.
The said law is not a comprehensive law on
data protection or on digital secrets. Having a
couple of sections on Data protection does
not serve the requirements of corporate
India.
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PRIVACY
Further the concept of privacy in India needs to be
substantially enhanced strength and further developed. The
law passed has used very basic concepts of personal privacy.
The needs to be further well developed to incorporate
therein issues pertaining to personal as well as data privacy.
Further the entire issue pertaining to privacy has not been
appropriately addressed; both data privacy and personal
privacy are issues that require adequate attention.
The Department of Personnel & Training, Government of
India is coming up with a new legislation on data
protection. However, lots of work needs to be done in this
regard.
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INTERMEDIARY
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INTERMEDIARY
"Intermediary" with respect to any particular electronic
records, means any person who on behalf of another
person receives, stores or transmits that record or provides
any service with respect to that record and includes
telecom service providers, network service providers,
internet service providers, web hosting service providers,
search engines, online payment sites, online-auction sites,
online market places and cyber cafes.
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INTERMEDIARIES AND DUE
DILIGENCE UNDER THE IT ACT, 2000
Intermediaries are required to do due
diligence under the terms of the amended
Information Technology Act, 2000.
This due diligence must be done to ensure
compliance with the relevant parameters of
the amended Information Technology Act,
2000.
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LIABILITIES OF INTERMEDIARIES AND
THE INDIAN CYBERLAW
Liability of intermediaries has been specifically now provided
under Section 79 of the amended Information Technology Act,
2000.
“Google v/s Vishakha” case before the Hon'ble Supreme
Court of India.
The emphasis on exercise of due diligence by intermediaries is an
important aspect. However, enforceability and implementation
of the Information Technology Act, 2000 has always been a
challenge.
Most of the companies in India comply with theInformation Technology Act, 2000 in breach rather than inobservance.
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LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW
There could have exposure to legal consequences,
both civil and criminal, for the company and its top
management.
Civil liability-damages by way of compensation
upto 5o million INR per contravention
Criminal Consequences - The top management
could also be exposed to criminal consequences
ranging from imprisonment of 3 years to life
imprisonment and fine from 1 Lakh INR to 10
Lakhs INR.
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LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW –
CRIMINAL CONSEQUENCES
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NEED FOR DUE
DILIGENCE
Reasonable Prudence ensues compliance
with the requirements of law, that being
Indian Cyberlaws, IT Act, IT Rules,
notifications, bye-laws and circulars
made thereunder.
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COMPLIANCES BY PAVAN
DUGGAL ASSOCIATES
Pavan Duggal Associates -role in helping
companies ensure compliances with the
Indian Cyberlaw and rules thereunder.
Pavan Duggal Associates assist all
intermediaries to ensure documented
due diligence under the Information
Technology Act, 2000.
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PAVAN DUGGAL ASSOCIATES
COMPLIANCE FRAMEWORK – FOR
COMPLIANCE, EVALUATION AND
CERTIFICATION
Asia Pacific Legal 500 says about Pavan DuggalAssociates
“Cyberlaw specialist Pavan Duggal AssociatesAdvocates is the first port of call for many in terms ofcases involving data theft, usually companies that haveexperienced theft of confidential or commerciallysensitive information by former employees.”
“Pavan Duggal Associates Advocates provides nicheexpertise in cyber law.”
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Indian Cyberlaw has created the appropriate legal
framework for promoting e-commerce in the
country as was giving legality to electronic format.
The said lead framework has provided for various
enabling provisions that provide for electronic
authentication and cyber security related issues.
All legal entities have a duty to ensure that its
business operations needs to comply with the
parameters of Information Technology Act, 2000
as also rules and regulations made thereunder.
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INTERNATIONAL CYBERLAW
ISSUES & CHALLENGES
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ONLINE MONITORING,
INTERCEPTION, BLOCKING &
SURVEILLANCE
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ONLINE MONITORING,
INTERCEPTION, BLOCKING &
SURVEILLANCE Issue of interplay between the online sovereignty of nations vis-à-
vis activities of monitoring, interception and surveillance in
cyberspace.
Questions like where would the online sovereignty of nations
begin and end are important issues which require appropriate
consideration. The paramount issue is the surveillance. A society
where, not just the Government but also service providers and
intermediaries are in one way or the other carrying out various
surveillance activities.
The governments of the world want to know what we are talking,
publishing, transmitting, generating, uploading, hosting on our
computer resources, computer networks or communication
devices.- Re Turkey new Internet law.
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ONLINE MONITORING,
INTERCEPTION, BLOCKING &
SURVEILLANCE
With Surveillance emerging as a popular undertaking
of the governments, it will be important to watch
how individual liberties, rights and obligations get
appropriately balanced when seen on the scale of
national sovereignty, integrity and security.
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RIGHT TO BE FORGOTTEN
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CYBERCRIME
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MOBILE CRIME
Cyber crime is increasingly jumping on to the mobile
bandwagon.
The huge advent of malware and smart phones once
again puts into focus the entire issue of mobile crimes.
As mobile crimes continue to grow, the relevant
stakeholders will increasingly call upon governments of
the world to effectively strengthen their cyber-legal
regimes to cover and regulate the newly emerging
mobile threats and mobile crimes.
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CYBER SECURITY
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CYBER TERRORISM
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CYBER TERRORISM
There is a huge possibility of cyber terrorism
and high profile attacks on Critical
Information Infrastructure and related
companies.
The corporate focus on cyber security will
shift from the concern about the loss of
personally identifiable information to concern
about cyber vandalism, hacktivism and theft
of trade secrets.
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PRIVACY
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DATA PRIVACY AND
CORPORATES- WAKE UP TIME
Data privacy concerns are already sky rocketing
that is why data privacy will continue to be an
important issue.
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BRING YOUR OWN DEVICE
(BYOD)
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BRING YOUR OWN DEVICE
(BYOD)
The advent of Bring Your Own Device (BYOD)
has changed the landscape.
However, the security, confidentiality and veracity
of data are important legal challenges that will have
to be appropriately addressed by cyber legal regimes
in order to enable large and mass scale adoption of
BYOD.
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CLOUD COMPUTING
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CLOUD COMPUTING
Regulation in cloud computing would be seen
as positive and logical way forward as they
grappled with privacy and security on the
cloud.
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BIG DATA
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BIG DATA
Google likely to know more about your
spouse than you do.
Big data is already an integral part of our lives
and its use for data analytics purposes brings
forward various legal policy issues.
Further, organizations need to verify that the
sources they intent to use have appropriate
permissions from the users who provide the
data to perform any additional analytical
activities.
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DATA ANALYTICS
The advent and adoption of data analytics at a
mass scale requires that appropriate attention
is given to legal issues concerning big data like
authenticity, veracity of data, data collection,
data archiving, data retention, jurisdiction,
privacy, confidentiality and other data
collection related issues as the world moves
forward.
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VIRTUAL CURRENCIES
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VIRTUAL CURRENCIES Crypto coins and crypto currencies have suddenly gained large
audiences across the globe. The most prominent amongst them is
Bitcoins.
Bitcoins have seen uneven ride lately with Mt. Gox, Bitcoins
exchange, filing for bankruptcy. There are increasing attacks on
Bitcoins exchanges and users.
Thus there is a need to appropriately consider the security legal
and other risks in this regard. Different regulators in different
parts of the world have already come down heavily on Bitcoins
stating that people need to be very careful when they use
Bitcoins.
As Bitcoins crimes are increasing, there is a need for looking at
appropriate legal frameworks which can effectively regulate
certain activities of Bitcoins and other crypto currencies.
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WEARABLE TECHNOLOGIES
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WEARABLE TECHNOLOGIES
As wearable technologies are going in the
main stream, with the advent of Google glass
and other technologies, there are large
numbers of legal, policy and regulatory issues
that need to be specifically looked at in the
context of wearable technologies.
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ONLINE CONSUMER
PROTECTION
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All in all, Cyberlaw and Cybercrime today
represent important fascinating aspects of
our lives. Cyberlaw and cybercrime
jurisprudence is not just limited to lawyers; it
is of relevance to every user of the electronic
and digital ecosystem as also mobile
ecosystem.
Ignorance of law is no excuse in the eyes of
law
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Only in compliance,compliance and compliancewith the Indian Cyberlaw liesthe way for Nirvana for anyentity dealing with the digitaland mobile ecosystem.
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A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL ASSOCIATES