informationtechnologylaw

Ans: If a person receives stolen computer resources or stolen computer devices, it is an offence under section 66 B of information technology act, 2008.  According to Section 66B of Information Technology act, 2000, whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. It is bailable offence.  Any offence that has the punishment upto 3 years is bailable offence. Bailable offence is mentioned under section 2(a) of Criminal Procedure Code, 1973. Other communication devices includes mobile phones, tablets, iPad, etc.

 Ans:  It is an offence to send offensive information using computer resources under Section 66 A of information technology act.   The provision also made it punishable for a person to send information that they believed to be false.   The weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger, obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech. Hence, the Supreme Court of India received a Public Interest Litigation (PIL) challenging the constitutionality of Section 66 A of the IT Act. The person shall be punishable with imprisonment for a term which may extend to three years and with fine. Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Construct...

Ans: If a person cheats using computer resources,  he would be punished under section 66 D of information technology act and cheating can be performed by personation.  Spoofing is a technique of cheating by personation.  A penetration test, colloquially known as a pentest or ethical hacking, is an authorized simulated cyberattack on a computer system, performed to evaluate the security of the system; this is not to be confused with a vulnerability assessment.The test is performed to identify weaknesses (also referred to as vulnerabilities), including the potential for unauthorized parties to gain access to the system's features and data, as well as strengths, enabling a full risk assessment to be completed. Any person by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. x...

Ans: Section 66: Computer related offences.  Cheating using computer resource: Section 66 D Sending offensive information: Section 66A Receiving stolen computer resource: Section 66B Fraudently use electronic signature,  password and unique identification feature of any other person: Section 66 C Violation of privacy: Section 66 E Cyber terrorism: Section 66 F

Ans: Section 65 of information technology act deals with tampering with computer source and documents. Epsionage and Trojan horse attack are internal attacks whereas spoofing, phishing, brute force attack and sql injection attack are external attacks. Epsionage:  the practice of spying or of using spies, typically by governments to obtain political and military information. Any person who intentionally  conceals, destroys or alters anything from the computer source will be punished with imprisonment upto 3 years and fine upto Rs 2 lakhs. It mentions about the tampering of electronic evidence.

Ans: The Information Technology (Amendment) Act, 2008 received the presidential assent on 5th February 2009. The Information Technology (Amendment) Act, 2008 came into force on 27th October 2009. The Information Technology (Amendment) Act, 2008 provides the additional focus on cybersecurity. The term 'electronic signature' was introduced in IT Act  (Amendment) 2008. The Act added several new sections on the offences such as cyber terrorism and data protection. As per the IT (Amendment) Act 2008 the level of investigation brought down to the inspector from DSPs.

Ans: The information technology act, 2000 comprises of 13 chapters, 94 Sections and 4 schedules.  The information technology act, 2000 was signed by Dr. K. R. Narayanan on 9th May, 2000 and the information technology act,  2000 came into force from 17th October,  2000.  The law is applicable to whole of India.  The acts that were amended due to information technology act, 2000 are Indian Penal Code, 1860, Indian Evidence Act, 1872, Transfer of property act,  1881 , Banker's book evidence act, 1891 and Reserve Bank of India Act, 1934.  The information technology amendment bill 2008 was signed by President Smt. Pratibha Patil on 5th February,  2009.  The information technology amendment bill was passed by Lok Sabha on 22nd December,  2008 and passed by  Rajya Sabha on 23rd December   2008.