Data Theft in Cyber Space – Issues and Laws

The rapid development of Information technology poses new challenges before the law. These challenges are not confined to any single traditional legal category but arise in, for example, Criminal Law, Intellectual Property Law, Contract and Tort. One such challenge is the growing menace of “Data Theft”. It is the term used when any information in the form of data is illegally copied or taken from a business or other individual without his knowledge or consent.
Does India have sufficient Laws?The problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act, 1984 there is no specific legislation in India to tackle this problem, though India boasts of its Information Technology Act, 2000 to address the ever growing menace of cyber crimes, including data theft. The truth is that our IT Act, 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act, 2000 which deal with the problem to some extent are briefly discussed below.
Section 43:- This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.
Section 72:- This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.
Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of "Theft”. However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property. But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC.
“Data”, in its intangible form, can at best be put at par with electricity. The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666). Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC. However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.
What do we need and why do we need?It is imperative in today’s world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries (worst affected industries) against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions, India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.
The author can be reached at: robinslash@legalserviceindia.com

Govt to hike pay of SC and HC judges

The UPA Government has decided to present a new year gift by giving an almost three-fold increase in pay to the judges of the Supreme Court and High Courts.According to the Law Ministry sources, the Union Government had decided to bring in an ordinance since Parliament is not in session for this purpose.Under this proposal, Chief Justice of India will get a salary of Rs 1 lakh while Supreme Court judges and Chief Justices of High Courts could draw Rs 90,000 per month.At present, the CJI is getting about Rs 35,000 while Supreme Court judges and Chief Justices of High Courts are drawing a salary of Rs 30,000 per month.The ordinance will be valid for six months. The budget session of Parliament will start in February next year and the Cabinet is most likely to introduce the Bill for enhancing the salary of judges of the superior courts in the budget session.It is mandatory to get the bill approved for raising the salary of Supreme Court and High Court judges.The judges have been demanding a pay hike for a long time. The Cabinet had approved the Bill for the pay hike of the judges in July this year.UNI

NO NEED FOR CBI INQUIRY IN KANDHMAL : ORISSA

The Orissa Government today defended itself from ongoing attacks over the issue of Kandhmal violence. In an affidavit filed in the Supreme Court, the state government said that there is no need for a CBI investigation into the Kandhmal violence as the government is keeping a close eye on the investigation done by state police.
In a 24 page affidavit filed in the apex court, the state government said that the communal clashes are a result of centuries old rivalry between Kandhas the Scheduled Tribes and Panas, the Scheduled Castes of the state. State government also said that they are giving financial assistance to the people whose houses have been damaged and the institutions like schools and hospitals. The government however said that they will not be paying any compensation to the churches as this is against the secular policy of the state government.
On the issue of rape of a nun, the state government said that they are monitoring the investigation on the top level. The government also informed the court that the nun is not cooperating the investigation. The government went on saying that they have already appointed a High Court judge to look into and give its findings on the killing of Swami Laxmananda and incidents of violence in the aftermath.

Courtesy: http://courtnews.blogspot.com/