Wednesday, September 14, 2011

Awareness about cyber laws a must





Advances in computer and telecommunication technologies have led to the explosive growth of the internet. However, such rapid development of computers, telecommunications and other technologies has led to the evolution of new forms of trans-national crimes, known as cyber crimes.
There can be no one exhaustive definition of the term 'cyber crime'. Generally, cyber crime covers any illegal action in which a computer is a tool or object of the crime. Cyber crimes may be committed against an individual's reputation or property, against organisations including government organisations and also against the society at large. Sections 65 to 78 of the Information Technology Act, 2000 (IT Act) deal with the cyber crimes and provide for punishment and penalties for these offences. It would be interesting to note here that the definition of the term "computer' provided under the IT Act is wide enough to also include within its ambit cellular phones.
Section 66A which provides punishment for sending offensive messages through communication services etc. is of a great significance as it makes the offence punishable with imprisonment upto three years and a fine. No doubt, cellphones are also covered by this provision. The Act has rightly attempted to check the menace of the misuse of cellphones.
Section 66B attempts to check and punish crimes relating to the theft of computers and communication devices. If any person dishonestly receives stolen computer resource or communication device knowing or having reason to believe the same to be stolen, he/she shall be punished with imprisonment for a term, which may extend to three years or with a fine which may extend to Rs1 lakh or both.
In case somebody fraudulently or dishonestly makes use of electronic signature, password or any other unique identification feature of any other person, section 66C provides for punishment up to three years imprisonment and fine upto Rs 1 lakh.
Lately, there's been a new trend of cheating people by using fake identification and personation. To take care of this problem, section 66D makes cheating by personation through a communication device or computer resource punishable with imprisonment upto three years and a fine which may extend to Rs1 lakh.
In the recent past, there have been various instances when semi-nude pictures of dignitaries, bollywood personalities and common citizens have been uploaded on the internet. Section 66E specifically deals with such nefarious acts and provides that whoever, intentionally or knowingly captures, publishes or transmits the image of a private body part of any person without his or her consent, under circumstances violating the privacy of that person, he/she shall be punished with imprisonment which may extend to three years or with fine upto Rs2 lakh or both.
Provision for harsh punishment is made in case of publishing or transmitting obscene material in electronic form. Whoever publishes/transmits/ causes to be published/transmitted in electronic medium any material which is lascivious or tends to deprave and corrupt persons who are likely to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to Rs5 lakh. In the event of second or subsequent conviction, he/she may be imprisoned for a term extending upto five years and a fine which may extend upto Rs10 lakh.
Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form is provided in section 67A whereunder it is provided that whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment for a term which may extend to five years and with fine which may extend to Rs10 lakh and in the event of second or subsequent conviction with imprisonment of either description which may extend to seven years and also with fine which may extend to Rs10 lakh.
And in case of publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form, the offender shall be punished on first conviction with imprisonment which may extend to five years and with fine which may extend to Rs10 lakh and in the event of second or subsequent conviction, with imprisonment which may extend to seven years and with fine which may extend to Rs10 lakh.
Of late, terrorists have been using computer and other communication devices including satellite phone for their evil deeds. Section 66F of the IT Act addresses this menace by defining 'cyber terrorism' and providing life imprisonment for any person who commits or conspires to commit the offence of cyber terrorism.
Computer education is a part of the curriculum in almost all schools and colleges. However, the same level of attention and seriousness is not given to educate students about cyber laws. Information technology has a direct impact on youth. Due to ignorance of law, they may commit mistakes that could end up spoiling their careers and life. Therefore, it is the need of the hour that the general public, and especially the youth, should be made aware of cyber laws and it should form a part of the curriculum at school and college-level.

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