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Panel moots Rs 1cr fine for virus creators 

Neeraj Saxena & Sudipto Dey  
New Delhi, May 12: The Parliamentary Standing Committee on Science andTechnology has recommended a stiff fine of Rs 1 crore for launching virusattacks as against the upper limit of Rs 10 lakh recommended in theInformation Technology Bill.

In view of the recent `Love Bug' attack on computer systems across theworld, the committee has also recommended that it be made mandatory forNetpreneurs hosting their sites on servers in India to inform the Governmentabout it so that a more effective monitoring can be done.

According to amended clause 73 A of the bill: "Any person hosting a websiteor a portal on a server located in India shall furnish to the Controller,the details of the website, portal, persons posting such website and suchother details as may be prescribed by the central government.''

A fine of Rs 5 lakh or a one-year jail term could be slapped on theviolators, the amendment further reads. Hacking into systems too will bemade punishable with a jail term of up to three years.

Significantly, the amendments also make it mandatory for the cyber cafeowners to furnish details of all the sites visited by each person, and moreinterestingly, the details of each visitor. A violation of this too will bepunishable by a one-year jail or a fine of Rs 5 lakh.

Reacting to this, Nasscom president Dewang Mehta said: "We are happy thatthe committee has cleared the bill with minimal changes and some positivemodifications. It is good to note that stiffer measures have beenrecommended against people creating viruses, but this is neither possiblethrough technology, nor economically viable. It will add to the cost ofrunning the cyber cafe. We strongly feel there could surely have been abetter way of curbing the crime."

The committee has also recommended a five-year jail term for a person foundindulging in pornography over the Net. The bill had earlier recommended animprisonment of two years for the crime. Another important amendmentpertains to the appointment of a presiding officer of a Cyber AppellateTribunal who shall hold office for five years with upper age limit of 65years. The tenure or the age limit has not been prescribed in the bill.

The report of the standing committee was tabled in both houses of Parliamenton Friday. "If the bill is passed soon, then we believe that e-commercetransactions this year could cross Rs 2,500 crore against Rs 450 croreclocked during 1999-2000," said Mehta.

Barring the above amendments, most other amendments amount to minortinkering, feels the industry as some of its key suggestions have not beenincorporated by the committee.

Nasscom had sought the deletion of Clause 79 whereby any police official ofthe rank of a deputy superintendent of police (DSP) and above could arrestat a public place without a warrant a person who has committed a cybercrime, or intends committing one.

Similarly, representatives of the of the Indian music industry and Nasscomhad called for deletion of clause 78 of the bill which pertains to copyrightviolations which has not been taken into account.

"It is difficult to book the violators as clause 78 merely required anetwork service provider with knowledge of an offence to prove that heexercise due diligence to prevent the commission of an offence,'' theindustry had said.

Copyright © 2000 Indian Express Newspapers (Bombay) Ltd.

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