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1. Cyber Crimes and Enforcement 1 Prepared By Mrs. Trupti Kulkarni

2. Cyber Appellate Tribunal 2 Prepared By Mrs. Trupti Kulkarni The Cyber Appellate Tribunal (CAT) is a specialized forum for settling cyber-related disputes.  It was established under the Information Technology Act of 2000. The CAT's purpose is to stop cyber crimes and frauds.  It serves as a critical institution in the legal landscape, ensuring that citizens have access to fair and impartial proceedings. Section 48 of the IT Act 2000 authorizes the establishment of specialized Cyber Appellate Tribunals.  The Central Government establishes these tribunals via an official notification. The selection of Chairperson and Members of the Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India.

3. Cyber Crimes-Cyber Contraventions 3 Prepared By Mrs. Trupti Kulkarni Cyber Contraventions A cyber contravention refers to a civil wrong under information technology Act, 2000. It is important to note that law of Tort provides remedies for civil wrong where affected person can compel the wrongdoer to pay damages by way of compensations. Penalty for misrepresentation Tampering with the computer source documents Hacking and Cracking Power to investigate offences Protected System Publication for fraudulent purpose Section 45 residuary penalty Cyber fraud Cyber terrorism Cyberstalking Phishing Power of Controller to give directions  

4. Cyber Offences Cyber offenses are unlawful acts that use computers as a tool or target.  The Information Technology Act, 2000 (IT Act) includes the following cyber offenses: Unauthorized access to a computer system Possession of unauthorized information Cyber terrorism against a government organization Distribution of pirated software Tampering with computer source documents Publishing obscene information electronically Breach of confidentiality and privacy Data tampering Virus or worms attack 4 Prepared By Mrs. Trupti Kulkarni

5. Cyber Offences Other cyber offenses include: Theft of a computer system Hacking Denial of attacks Logic bombs Trojan attacks Internet time theft Web jacking Email bombing Salami attacks Physically damaging a computer system Section 43 of the IT Act states that anyone who accesses, downloads, or introduces a virus without the permission of the computer system's in-charge can be fined up to one crore rupees.  5 Prepared By Mrs. Trupti Kulkarni

6. Power of Investigation & Search According to the Code of Criminal Procedure (CrPC), police have the power to investigate cognizable offenses without a Magistrate's order.  However, for non-cognizable cases, police need a warrant to investigate.  Police also have the power to search a person anywhere in India.  Section 165(1) of the CrPC allows police to search within their station's limits, but not when a court-issued warrant is involved.  After a search, the police can seize some items.  According to Section 157 of the CrPC, the officer in charge of the police station is empowered to investigate the case and to send the report of the same to the Magistrate. The police's duties and powers in criminal investigation include: Discovering and arresting the suspect Collecting evidence through examination, search, and seizure  6 Prepared By Mrs. Trupti Kulkarni

7. E-Evidence and Computer Forensic Electronic evidence is a piece of evidence created by electronic processes.  It is also known as digital evidence.  Electronic evidence can be information, data, or documents created, stored, sent, or received in electronic format or electronic communication. Examples of electronic evidence include: E-mails Digital photographs ATM transaction logs Word processing documents Instant message histories Files saved from accounting programs Spreadsheets Internet browser histories Databases The contents of computer memory Computer backups 7 Prepared By Mrs. Trupti Kulkarni

8. E-Evidence and Computer Forensic Computer forensics is a branch of digital forensic science that uses investigative techniques to identify and store evidence from a computer device. Computer forensics can be used to identify and store evidence from a computer device. It can be used to: Uncover evidence that could be used in a court of law Track, locate, and extract digital information needed for criminal investigations Analyze network traffic to identify and investigate security incidents, such as hacking attempts or data breaches 8 Prepared By Mrs. Trupti Kulkarni

9. E-Evidence and Computer Forensic Examples of uses of digital forensics include: Intellectual property theft Industrial espionage Employment disputes Fraud investigations Inappropriate use of the Internet and email in the workplace Forgeries related matters Bankruptcy investigations Issues concern with the regulatory compliance  9 Prepared By Mrs. Trupti Kulkarni

10. ISP & Intermediary Not to be Liable in Certain Cases An internet service provider (ISP) can be held responsible under Section 79 of the IT Act, 2000 if they are aware of illegal content on their servers . However, the ISP can avoid liability if they can prove that they were unaware of the content and took due diligence to prevent it.  ISPs can also be liable if they are passively hosting a site and do not remove objectionable material when they are notified of it.  In 2007, the Council of Europe set up a working group to prepare draft guidelines on cybercrime.  The guidelines were adopted in April 2008 by the global Octopus Interface conference in Strasbourg 10 Prepared By Mrs. Trupti Kulkarni

11. ISP & Intermediary Not to be Liable in Certain Cases According to Section 79 of the Information Technology Act of 2000, an intermediary is not liable for third-party information, data, or communication links hosted on its platform.  An intermediary is not liable if it only provides access to a communication system where third parties post, transmit, store, or host information.  The intermediary must also not initiate transmission, select the receiver, or modify the information.  In law or diplomacy, an intermediary is a third party that offers services between two parties.  In trade or barter, an intermediary acts as a conduit for goods or services offered by a supplier to a consumer 11 Prepared By Mrs. Trupti Kulkarni

12. Consequential Amendments in Various Conventional Laws in India According to the Constitution of India, laws made under articles 2 and 3 can provide for consequential matters.  Consequential amendments are a result of the primary amendment to a plan. The Finance Bill, 2023 seeks to amend the Income-tax Act, 1961.  The bill aims to continue reforms in the direct tax system by providing tax reliefs and removing difficulties faced by taxpayers.  The Information Technology Act, 2000 penalizes various cybercrimes, including: Section 66: Dishonestly or fraudulently accessing a computer resource without the permission of its owner Section 66C: Identity theft Section 66D: Cheating by impersonation 12 Prepared By Mrs. Trupti Kulkarni

13. Grey Areas of Information Technology Act, 2000 According to Lawyers club India, the Information Technology Act, 2000 (IT Act) has several grey areas: It may cause a conflict of jurisdiction It doesn't address issues related to intellectual property rights in an online environment It doesn't address privacy issues or content regulation in the e-commerce sphere It doesn't address anti-trust issues  E-mail authenticity or its evidentiary value: E-Record which is digitally or electronically signed could be produced as evidence. Today E-mail is a significant mode of communication. However, in E-mail which is not digitally, or electronically signed moot question is whether it is acceptable as evidence. 13 Prepared By Mrs. Trupti Kulkarni

14. Jurisdiction and Privacy: Cyber Jurisdiction A fast-paced world, and surprisingly fitting in one’s hand. The world is in the era of “internet and cyberspace”, and it seems faster and better than ever. But it all comes with a price, that mankind is still in the exploration of. Just as in the real and physical world, the virtual space created by humans also sees a plethora of criminal activities on a day-to-day basis where the data of millions of people acts as valuable assets. It has the power to instigate a civil war or to destroy nations altogether, steal data for ransom, or even rob millions from a bank in seconds. It becomes quite a challenge to map out a conclusive set of applicable laws to contain this mass virtual force. The major obstacle being how, when these offences are prosecuted, the personal jurisdiction is to be applied. 14 Prepared By Mrs. Trupti Kulkarni

15. E-Consumers An E-consumer is a consumer who buys, uses, or sells goods or services using a digital medium.  This includes both physical and digital goods.  In cyber law, cyber consumers are consumers who use web-enabled technology to make purchases online.  In this situation, the consumer doesn't interact with the seller face-to-face.  The Consumer Protection Act of 2019 protects consumers involved in online transactions.  This act was enacted to strengthen the provisions for consumer protection in the new era of globalization, online platforms, and e-commerce markets. 15 Prepared By Mrs. Trupti Kulkarni

16. Privacy of Online Data and Information Online privacy is the ability to control how much of your information is collected and used by third parties when you're online.  It involves: Safeguarding sensitive data from unauthorized access Maintaining control over information shared online Determining what data is shared with third parties and how they can use it Online privacy is also known as internet privacy or digital privacy.  It's a subset of data privacy, which is concerned with the proper handling of data. Here are some ways to protect your online privacy: Share less information with apps and services Use strong and unique passwords with 2FA Tighten privacy settings on your social media accounts Delete unused accounts, apps, and browser extensions Stop search engines from tracking you Before registering with a website or service, you should check their privacy policies to see how they collect, store, and use your personal information.  You should also check the legal regulations that apply. 16 Prepared By Mrs. Trupti Kulkarni