Punishment For Cyber Crime – Life Imprisonment, Facebook Makes Millions In Compensation
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At WATBlog, we’ve commented quite a few times on cyber crime and how the fast changing face of the Internet has a lost of scope for misuse. A while back, we covered the amendments made to the IT Act. While the post was focused on the changes and how it could affect the privacy of the individual, there are several positive impacts to the Act as well.
The IT Act of 2000, was modified in December 2008 and has come into force on October 27.
A lot of crimes now come under the ambit of the IT Act. Some of the offences are:
- Cyber Terrorism
- Wi-Fi Hacking
- Sending / Viewing child pornography
- Video Voyeurism
- Identity Theft
- Spam.
The original act was vague, and had only one criminal section – Section 66 for cyber crime. Now, it possesses a commendable expanse of powers for specific acts. Section 66F for example is applicable in case of Cyber Terrorism. If Wi-Fi or Internet is used to send terror mail, offenders can be effectively punished for life. (Life sentence). Similarly, any electronic activity that could disrupt the nation falls under this act.
Apart from the above, the most commendable steps are those on Data Theft and Identity Theft. Nowadays, your virtual avatar is an extension of you. Any identity theft online can have major repurcussions on your personal and professional life.
Similarly, with so many people going online, and a lot of companies transferring and storing dat online, data theft is as important as a normal theft in the household, if not worse, since access is easier. Strengthened norms on data theft and cyber security would definitely improve India’s standing in the world. We recently blogged about Indian Companies being extremely susceptible to Cyber-Crime. The passive stance of the Government on this important issue only increases the problem.
The Government has also strengthened its stance on similar offences like spam, phishing, and breach of confidentiality. Phishing is defined as the luring of an internet user to reveal personal details (like passwords and credit card information) on a fake web page or email form pretending to come from a legitimate company (like their bank).
What would be remarkable would be an extremely hard-hitting stance on Spam Mail. Recently, Facebook was awarded millions in compensation due to a lawsuit against a spammer.
The potential for scam and fraud on the Internet is well known. Almost all of us would’ve been subject to the “You have been awarded a $1 million lottery. Fill bank details for cheque”. What is surprising is the number of people who fall prey to these kind of emails. And it’s not just people who are complete novices at technology.
How effective can this Act be? We’ve covered India’s first cyber-court.
But how many people will actually come forward? A lot of people, for example, have unknown people sending them explicit mails, spamming them with offers, and there have been several cases of identity theft, especially on social networking sites.
Also, how does the act deal with those offenders who are not India based? How does that work out?
The downside of the Act is that the Government can monitor all traffic online. What security backups in place? How does the Government plan to prevent the information from being misused?
Whatever the impact of the Act, most cyber law expers are welcoming it. Cyber expert Vijay Mukhi said it was long overdue. “Now, many people who earlier shied away from going to court or the police will feel emboldened to file cases or complain.” On the other hand, cyber law expert Pavan Duggal is of the opinion that the amended legislation has “gone soft” on cyber criminals and cyber crimes overall. “Barring cyber-terrorism and certain other offences, cyber crime is now a bailable offence. This was not the case under the original IT Act. The amendments have raised the quantum of fine involved, but reduced the punishment…that gives out a mixed signal,” he said.
As of now, punishments can extend from 3 years to Life Imprisonment with various fines.
What’s your opinion? Is the IT Act a welcome step forward? Will you ever report a cyber crime? Also, how worried about this turning into an exercise in totalitarian control? We recently covered the UID, and one of our readers pointed out the possible implications and the effect it could have on personal privacy. What’s your take on it?
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