Category: Bangalore University B.com Notes

Offences

Cyber offences are the illegitimate actions, which are carried out in a classy manner where either the computer is the tool or target or both.

Cyber-crime usually includes the following:

• Unauthorized access of the computers
• Data diddling
• Virus/worms attack
• Theft of computer system
• Hacking
• Denial of attacks
• Logic bombs
• Trojan attacks
• Internet time theft
• Web jacking
• Email bombing
• Salami attacks
• Physically damaging computer system.

The offences included in the I.T. Act 2000 are as follows:

• Tampering with the computer source documents.
• Hacking with computer system.
• Publishing of information which is obscene in electronic form.
• Power of Controller to give directions.
• Directions of Controller to a subscriber to extend facilities to decrypt information.
• Protected system.
• Penalty for misrepresentation.
• Penalty for breach of confidentiality and privacy.
• Penalty for publishing Digital Signature Certificate false in certain particulars.
• Publication for fraudulent purpose.
• Act to apply for offence or contravention committed outside India Confiscation.
• Penalties or confiscation not to interfere with other punishments.
• Power to investigate offences.

Receipt of stolen property: Section 66B of the IT Act prescribes punishment for dishonestly receiving any stolen computer resource or communication device. This section requires that the person receiving the stolen property ought to have done so dishonestly or should have reason to believe that it was stolen property. The punishment for this offence under Section 66B of the IT Act is imprisonment of up to 3 (three) years or a fine of up to Rs. 1,00,000 (Rupees one lac) or both.

Identity theft and cheating by personation: Section 66C of the IT Act prescribes punishment for identity theft and provides that anyone who fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person shall be punished with imprisonment of either description for a term which may extend to 3 (three) years and shall also be liable to fine which may extend to Rs. 1,00,000 (Rupees one lac)

Obscenity: Sections 67, 67A and 67B of the IT Act prescribe punishment for publishing or transmitting, in electronic form:

(i) Obscene material

(ii) Material containing sexually explicit act, etc.

(iii) Material depicting children in sexually explicit act, etc. respectively.

The punishment prescribed for an offence under section 67 of the IT Act is, on the first conviction, imprisonment of either description for a term which may extend to 3 (three) years, to be accompanied by a fine which may extend to Rs. 5,00,000 (Rupees five lac), and in the event of a second or subsequent conviction, imprisonment of either description for a term which may extend to 5 (five) years, to be accompanied by a fine which may extend to Rs. 10,00,000 (Rupees ten lac). The punishment prescribed for offences under sections 67A and 67B of the IT Act is on first conviction, imprisonment of either description for a term which may extend to 5 (five) years, to be accompanied by a fine which may extend to Rs. 10,00,000 (Rupees ten lac) and in the event of second or subsequent conviction, imprisonment of either description for a term which may extend to 7 (seven) years and also with fine which may extend to Rs. 10,00,000 (Rupees ten lac).

Hacking and Data Theft: Sections 43 and 66 of the IT Act penalise a number of activities ranging from hacking into a computer network, data theft, introducing and spreading viruses through computer networks, damaging computers or computer networks or computer programmes, disrupting any computer or computer system or computer network, denying an authorised person access to a computer or computer network, damaging or destroying information residing in a computer etc. The maximum punishment for the above offences is imprisonment of up to 3 (three) years or a fine or Rs. 5,00,000 (Rupees five lac) or both.

While many countries have some form of IPR protection, the degree to which IPR is protected varies greatly. For economists, IPR protection represents a trade-off between the benefits of innovation and the costs of exclusivity. Property rights encourage the development of new technologies, products, music, and other creative output. Exclusivity, however, protects IP owners from competition and, in some cases, can grant monopoly power. For this reason, IPR protection is always limited in either the length or scope of protection. After expiration, for example, the knowledge embodied by a patent enters the public domain.

The U.S. has a relatively well-defined IPR policy that is enforced and protected by its applicable laws. However, this is not the case for many of its trading partners around the world. In particular, developing countries often lack any substantial IPR protection. In a recent report, the Organization for Economic Co-operation and Development (OECD) estimated that “international trade in counterfeit and pirated goods could account for up to US$200 billion in 2005.” (OECD 2007) This amount does not include any counterfeit products produced and consumed in the same country or counterfeit digital products sold over the Internet. Consequently, the U.S. and other developed countries have called on other, often less-developed, nations to adopt IPR protection or increase its current protection in order to stop counterfeiting and piracy.

The US government’s Office of the United States Trade Representative (USTR) monitors intellectual property rights around the world and fights IP theft because IP theft impacts the 18 million Americans whose livelihood depends on IP protection. United States Trade Representative, “USTR Releases 2010 Special 301 Report on Intellectual Property Rights.

The USTR evaluates countries and rates them according to how those countries enforce IP rights. The Special 301 Report is an annual review of the global state of IPR protection and enforcement issued by the USTR. The worst offenders are put on a “Priority Watch List.” The countries on the 2010 Priority Watch list are China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Pakistan, Thailand, and Venezuela. China, which has been on the Watch List before, continues to be on the list not only because of IP theft and counterfeiting but also because of government practices that severely restrict the market for foreign goods while giving favored treatment to “indigenous innovation. “United States Trade Representative”.