..By Prashant Mali President – Cyber LawConsulting
Beware of :
The Information Technology (Amendment) Act 2008 gives full powers to an inspector who can raid and indict you. Some websites automatically throw pop ups with pornographic pictures that may leave logs in your computer that will be enough for an inspector to arrest and prosecute you.
“Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.”
You may feel that just the act of browsing won’t be punishable, but the details says it all “Creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or cultivates, entices or induces children to an online relationship.”
If any of these are found on your computer, the onus is on you to establish that those depicted are not children, defined as persons who have not completed the age of 18 years or else you will be punished even if you have not retransmitted or exchanged them with anybody.
SURVEILLANCE: The inspector may not even knock at your door to check a variety of computer crimes for which you may be booked as another section of the Act provides for any government agency to interrupt, monitor or decrypt any information generated, transmitted, received or stored in any computer.
Safeguards against misuse of this kind of electronic surveillance?
The Act does not detail them but leaves them to be prescribed later as it says the procedures and safeguards “shall be such as may be prescribed.” Same kind of uncertainty has been kept in the provision that empowers monitoring of the Internet traffic for cyber security.