CYBER LAW AMENDED; CYBER APPELLATE TRIBUNAL TO BE SET UP STRINGENT PENALTIES FOR CRIME

A Cyber Appellate Tribunal will be constituted by the Centre and selection of chairperson and its members made in consultation with Chief Justice of India.  The Chairperson then shall have benches comprising of one or two members.  The benches will sit in New Delhi and other places as the Centre, may, in consultation with the CAT chairperson will notify.

The Centre has set the stage for ushering in new digital regime and cyber law in the country for further securitizing the digital domain system, conduct of digital commerce, as also ensuring fresh curbs on cyber crimes through stringent penalties.

The move follows the formal notification of the Information Technology (Amendment) Act, 2008 in its Official Gazette amending the Information Technology Act, 2000 which received the Presidential assent on Friday.

Severe penalties

With the new IT Act in play, the Centre, is expected to shortly put in place Indian Computer Emergency Response Team (ICERT) as also a national nodal agency for Critical Information Infrastructure Protection (CIIP).  Besides, an Examiner of Electronic Evidence, severe penalties for identity theft, violation of privacy, cyber terrorism, data theft, cyber porn, among others, are other key initiatives the new IT Act enumerates.

Further computer related offenses such as fraud, sending offensive messages through communication service, identity theft, cheating by impersonation, material containing sexually explicit act., etc., and also cyber terrorism, compromising country’s security, will attract imprisonment ranging from three to five years and or fine ranging from Rs. 2 lakh to Rs. 5 lakh.

Critical information

The CIIP will be responsible for all measures including R&D relating to protection of critical information infrastructure.

The ICERT to be headed by a Director General and his team, will ensure cyber security through collection, analysis and dissemination of information on cyber incidents, forecast and alerts of cyber security incidents, undertake emergency steps and coordinate response for handling such incidents.  It will also issue guidelines, advisories, vulnerability notes and whitepapers relating to information security practices, prevention, et al.

Expert opinion

Likewise, an Examiner of Electronic Evidence to provide expert opinion on electronic form of evidence before any court or other authority is also on way.   The electronic form evidence will include computer evidence, digital video, cell phones, digital fax machines.