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

PresentedatClubHackInfosecKeynoteeventinBangaloreon8thAug2014
RETHINKING CORPORATE
SECURITY – POST SNOWDEN
© of images belongs to the respective
copyright holders

A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT
OF INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL
ASSOCIATES

SNOWDEN REVELATIONS
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SNOWDEN REVELATIONS ON
BHARATIYA JANTA PARTY (BJP)
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CENTRAL 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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VODAFONE 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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INDIA’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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ONLINE FAKE RECRUITMENT
SCAMS
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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
Arif Azim Case

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

CYBER BULLYING GALORE
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GURUJI.COM SEARCH ENGINE –
CRIMINAL ACTION
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NIRMALJIT SINGH NARULA
Vs. INDIJOBS AT
HUBPAGES.COM & ORS
© of images belongs to the
respective copyright holders

MUZAFFARNAGAR
COMMUNAL RIOTS
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15TH AUGUST, 2012-
BANGALORE MASS
MIGRATIONS
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DR. L. PRAKASH- INDIA’S FIRST
LIFE TIMER CYBER CRIMINAL
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BAAZEE.COM CASE
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MOBILE APPS– TODAY’S
REALITY
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CYBERCRIME AS A SERVICE
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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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MALWARE & CYBER
SECURITY
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CONCLUSION
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SOCIAL 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

SOCIAL MEDIA & SECURITY
CHALLENGES
 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.

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.

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.

THE IT ACT, 2000
 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

THE IT ACT, 2000
 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

THE IT ACT, 2000
 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

THE IT ACT, 2000
 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

THE IT ACT, 2000
 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

THE IT ACT, 2000
 Section 71- Penalty for misrepresentation
 Section 72- Breach of confidentiality and
privacy
 Section 72A- Punishment for disclosure of
information in breach of lawful
contract

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.

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.

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

SENSITIVE PERSONAL DATA OR
INFORMATION

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

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 50 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.

LIABILITIES 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.

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.

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.

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.”

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.

CONCLUSION
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

Only in compliance,
compliance and compliance
with the Indian Cyberlaw lies
the way for Nirvana for any
entity dealing with the digital
and mobile ecosystem.

A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF
INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL ASSOCIATES
pavan@pavanduggal.com
pavanduggal@yahoo.com

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

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