Answer to Question #190331 in Law for Palak rever

Question

Explain in detail two (2) real-life cases of penalties being imposed for offences under Information Technology Act, 2000. Please explain the facts and the nature of the offence in detail

Answer 1

1.     Tampering with Computer Source Documents: Case: Frios Vs State of Kerela

Facts: In this case it was declared that the FRIENDS application software as protected system. The author of the application challenged the notification and the constitutional validity of software under Section 70. The court upheld the validity of both. It included tampering with source code. Computer source code the electronic form, it can be printed on paper.

Held: The court held that Tampering with Source code are punishable with three years jail and or two lakh rupees fine of rupees two lakh rupees for altering, concealing and destroying the source code.

2.     Hacking the Cash Management System: Case R v/s Governor of Brixton prison and another.

Facts: In this case the Citibank faced the wrath of a hacker on its cash management system, resulting in illegal transfer of funds from customers account in to the accounts of the hacker, later identified as Valdimer Levin and his accomplices. After Levin was arrested, he was extradited to the United States. One of the most important issues was jurisdictional issue, the ‘place of origin’ of the cyber-crime.

Held: The Court held that the real- time nature of the communication link between Levin and Citibank computer meant that Levin’s keystrokes were actually occurring on the Citibank computer. It is thus important that in order to resolve the disputes related to jurisdiction, the issue of territoriality and nationality must be placed by a much broader criteria embracing principles of reasonableness and fairness to accommodate overlapping or conflicting interests of states, in spirit of universal jurisdiction.