Cyberlaw by Mr. Pavan Duggal at ClubHack Infosec KeyNote @ Bangalore

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RETHINKING CORPORATE SECURITY –

POST SNOWDEN© of images belongs to the respective

copyright holders

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A PRESENTATION BY

PAVAN DUGGALADVOCATE, SUPREME

COURT OF INDIAPRESIDENT,

CYBERLAWS.NETPRESIDENT, CYBERLAW

ASIAHEAD, PAVAN DUGGAL

ASSOCIATES

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SNOWDEN REVELATIONS

© of images belongs to the respective copyright holders

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4SNOWDEN REVELATIONS ON BHARATIYA JANTA

PARTY (BJP)


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4CENTRAL MONITORING SYSTEM (CMS) & NETRA

PROJECT


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ONLINE MONITORING, INTERCEPTION, BLOCKING

& SURVEILLANCE


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BLADABINDI VIRUS


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SUPERMAN


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STUXNET VIRUS


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I LOVE YOU VIRUS


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4VODAFONE INTERCEPTION DISCLOSURE REPORT


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PMO INDIA TWITTER HANDLE – REPRESENTING

A NEW KIND OF CYBER THREAT


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HEARTBLEED


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LINKEDIN HACKING


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4INDIA’S NATIONAL CYBER SECURITY POLICY 2013


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BRING YOUR OWN DEVICE (BYOD)


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INTERNET OF THINGS AND CYBERLAW- JAN 2014


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4ONLINE FAKE RECRUITMENT SCAMS


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4IMPORTANT CASES

Agricultural equipment manufacturing company data theft case

Offensive emails to company matter

Phone defects blog caseTwitter rumour defamation

caseArif Azim Case

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4IMPORTANT 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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4GURUJI.COM SEARCH ENGINE – CRIMINAL

ACTION


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NIRMALJIT SINGH NARULA

Vs. INDIJOBS AT HUBPAGES.COM & ORS


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4MUZAFFARNAGAR COMMUNAL RIOTS


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15TH AUGUST, 2012- BANGALORE MASS

MIGRATIONS


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4DR. L. PRAKASH- INDIA’S FIRST LIFE TIMER CYBER

CRIMINAL


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BAAZEE.COM CASE


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4MOBILE APPS– TODAY’S REALITY


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CYBERCRIME AS A SERVICE


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4PRIVACY


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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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4MALWARE & CYBER SECURITY


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CONCLUSION


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4SOCIAL MEDIA & SECURITY CHALLENGES

well-known Socialbot malware, called the “Koobface” virus, is specifically created to target social network platforms.© of images belongs to the respective

copyright holders

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Social media and smartphones exposing 'millions' to cybercrime, says study : AAP September 06, 2012 1:02PM LinkedIn was recently hacked, and users’ passwords stolen and leaked on the Internet. The company, through its blog, confirmed the event, declaring that more than six million passwords were compromised.

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SOCIAL MEDIA & CYBER CRIMES

Social media is today becoming the fulcrum focus point for cyber criminals and cyber terrorists. More and more cyber criminal tendencies are continuing to emerge in social media.

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Social media and smartphones exposing 'millions' to cybercrime, says study : AAP September 06, 2012 1:02PM LinkedIn was recently hacked, and users’ passwords stolen and leaked on the Internet. The company, through its blog, confirmed the event, declaring that more than six million passwords were compromised.

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CYBER LAW IN INDIA


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CYBERCRIMES DEFINED UNDER THE IT ACT, 2000

Section 65- Tampering with computer source documents

Section 66- Computer related offences

Section 66A- Punishment for sending offensive messages through communication service, etc.

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Section 66B- Punishment for dishonestly receiving stolen computer resource or communication device.

Section 66C- Punishment for identity theft

Section 66D- Punishment for cheating by personation by using

computer resource

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Section 66E- Punishment for violation of privacy

Section 66F- Punishment for cyber terrorism

Section 67- Punishment for publishing or transmitting obscene material in

electronic form

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Section 67A- Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form

Section 67B- Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form

Section 67C- Preservation and retention of information by intermediaries

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Section 68- Power of the Controller to give directions

Section 69- Power to issue directions for interception or monitoring or decryption of any

information through any computer resource

Section 69A- Power to issue directions for blocking for public access of any information through any computer resource

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Section 69B- Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security

Section 70- Protected system

Section 70A- National nodal agency

Section 70B- Indian Computer Emergency Response Team to serve as a national agency for incident response

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Section 71- Penalty for misrepresentation

Section 72- Breach of confidentiality and privacy

Section 72A- Punishment for disclosure of information in breach of lawful

contract

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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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4INTERMEDIARIES 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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11TH APRIL, 2011 – A HISTORICAL DAY FOR THE INFORMATION

TECHNOLOGY ACT, 2000 The Government of India using its wide powers

given under the Information Technology Act, 2000, has notified the Information Technology Rules, 2011 including the following: The Information Technology (Electronic

Service Delivery) Rules, 2011 The Information Technology (Reasonable

Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011

The Information Technology (Intermediaries Guidelines) Rules, 2011

The Information Technology (Guidelines for Cyber Cafe) Rules, 2011

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4SENSITIVE PERSONAL DATA OR INFORMATION

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4LIABILITIES 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 the Information Technology Act, 2000 in breach rather than in observance.

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LIABILITIES OF INTERMEDIARIES AND THE

INDIAN CYBERLAWThere 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 50 million INR per contraventionCriminal 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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4LIABILITIES OF INTERMEDIARIES AND THE

INDIAN CYBERLAW – CRIMINAL CONSEQUENCES


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NEED FOR DUE DILIGENCE

Every legal entity is thus 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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4NEED 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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4COMPLIANCES AND THE INDIAN CYBERLAW

© belongs to the respective copyright holders

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4COMPLIANCES 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, ADVOCATES, SUPREME COURT

OF INDIA

© belongs to the respective copyright holders

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PAVAN DUGGAL ASSOCIATES COMPLIANCE FRAMEWORK – FOR COMPLIANCE, EVALUATION AND

CERTIFICATION Asia Pacific Legal 500 says about Pavan Duggal

Associates

“Cyberlaw specialist Pavan Duggal Associates Advocates is the first port of call for many in terms of cases involving data theft, usually companies that have experienced theft of confidential or commercially sensitive information by former employees.”

“Pavan Duggal Associates Advocates provides niche expertise in cyber law.”

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4INDIAN CYBERL AWIndian 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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4CONCLUSION 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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CONCLUSIONOnly in compliance, compliance and compliance with the Indian Cyberlaw lies the way for Nirvana for any entity dealing with the digital and mobile ecosystem.

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A PRESENTATION BY

PAVAN DUGGALADVOCATE, SUPREME COURT OF

INDIAPRESIDENT, CYBERLAWS.NETPRESIDENT, CYBERLAW ASIA

HEAD, PAVAN DUGGAL [email protected]

[email protected]

Cyberlaw by Mr. Pavan Duggal at ClubHack Infosec KeyNote @ Bangalore

Law

Transcript of Cyberlaw by Mr. Pavan Duggal at ClubHack Infosec KeyNote @ Bangalore