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Cyber Laws – #AMA by Abhishek Singh

Cyber Laws.mp4

Hi everyone welcomes to AMA Session. I am Advocate Abhishek Singh and along with me is Advocate Tushar Sharma. We are a partner at Edge Law Partners.

We have received a lot of questions through our Social Media Handles and the first question is to explain the liability with respect to internet service providers. So basically, it is talking about the liability of intermediaries. As far as liabilities of intermediaries and liability of internet service providers are concerned, we do not have any specific law as such in India with respect to the liability of Internet service providers. But we have a lot of legislation in the U.S. and U.K. and to some extent in Australia. But when it comes to the liabilities of intermediaries in the Indian context. The only law we have is section 79 of the Information Technology Act 2000. So that means it was enacted in the year 2000. Now coming on to the difference between the liability of intermediaries which we have in other countries developed countries and in India is that the laws in developed countries are basically they are much more stringent. And in case of any illegal activity or any breach of copyright on anything happening. On any Internet service provider platform. The Internet service providers are made a party to all those litigations and. They. Have to exercise a lot of doing the due diligence to ensure that none of the illegal activities takes place on through their internet service provider platform.

Now as far as the Indian context is concerned. In India, there is a specific term which is used and that is a term due diligence. And basically, it needs to be willful like in India any. Illegal activity which is taking place on internet service providers platform that needs to be willful. Which goes on to say that the Internet service provider needs to be involved in that activity that illegal activity. But unless but if an Internet service provider has exercised due diligence and he has ensured that there is no illegal activity taking place through its platform then there is no liability of Internet service providers. So even if there is any copyright infringement which is taking place. Through many websites which are available on these Internet service providers. There will not be any liability here more so no one will be able to impute any liability on Internet service providers. As far as the law in India is concerned.

Now coming onto the next question which you people have raised is the public key function or public functioning and the protection provided by it under an electronic signature. So as far as public-key functions are concerned. There are, then it comes to digital signatures. Digital Signature is governed by two functions. The one is called public function and the other one is called Private function. So public function is used to encrypt data. On the other hand, the private function is used to decrypt the data. So basically, what happens in this model is once we send an e-mail or any messages to anyone. What we do to ascertain that the message or the mail has been sent by that is a specific individual.

People affects the electronic signature along with that along with that mail or that data. So, to encrypt that message, mail or data people use public function. So, people use for public functions or basically public function helps in encrypting the data. And once this data is encrypted. And it is sent to the other person uses its. Private function and it's. And so, by using the private function they decrypt the data and they're able to. Read it. So basically, these are these functions these public and private functions they come in pair. The. Public function can be made known to everyone on the other hand the private functions will be known to the person who uses it. And that need not be shared. That is quiet in private in nature and that should not be shared in any case. Now coming onto third question which you people have raised are the implications of international treaties on shaping off intellectual property rights in the cyber world. This question is more of an academic in nature. And yeah, I would just say that. Yes, of course, these international treaties do have implications on laws which are drafting in India and we have unilateral laws and WIPO is a body which is very helpful in the shaping of intellectual property rights throughout the world. And we also go onto invite one of the laws as well as from WIPOs platform and WIPO organization. So now. The remaining questions will be answered by my partner Mr Tushar Sharma and the first question goes to you is what are the legal aspects of data protection under cloud computing. To understand this legal aspect of Data Protection first we need to know what the cloud computing is all about. So, cloud computing basically refers to technology wherein the data is stored processed or managed in a remote server.

So, this server is something which is not of a personal in nature. It is something. Which. Is there on the Internet. And being circulated globally. And these servers are generally hold by the Internet service providers or the third-party intermediaries. Which we generally call them intermediaries. However. We are utilizing this cloud computing services. For storing our information. Since due to the lack of. Storage capacity. Now the data are being stored on a server which is always available with us. In our daily lives. So, there are a different kind of an information that are being stored on the servers which are personal in nature but are private in nature and public in nature. In order to prevent infringement of such information. IT Act comes in play. However, they do not exist any codified law which specifically deals with the cloud computing. But IT Act talks about the privacy and data protection in general. Wherein they have clearly said if any of the intermediary or a service provider. Is found misusing any information or if there is any breach of any personal or private information which is stored on their cloud server, they can be held liable for the punishment with an imprisonment up to 2 Years and a fine up to 1 crore. In that particular situation, the privacy and data protection laws stringency have to be followed with respect to the intermediary rules.

Which talks about the information technology and intermediaries’ rules of 2011. These rules govern the functioning of the data privacy protection law. My second question that talks about the Prosecutor supervision (Overseeing) online investigative actions in different countries.

In India So the prosecution plays a very prominent role in every investigation process. However, in order to initiate any investigation process. The first and foremost thing is the registration of FIR in the concerned cyber cell wherein the offence has been committed. The moment the registration of a FIR is grant. The investigating authorities will start collecting evidences by using forensic investigation and the cyber. Technical tools which are there with them. On collecting those evidences. They will try to. Create the final report. Wherein. They will show how an offence has been committed. How in offence is being committed and where the breach of data has taken place. And. And all those evidences. Have to be stored in a proper format so and has to be protected in a way so that there should not be any leakage or a breach of the data from the hands of the investigating authorities so that it can be utilized in the trial to commit the offenders behind the bar.