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A network service provider is a business or organization

that sells bandwidth or network access by providing

direct access to the Internet .

1. Telecommunication companies

2. Data carriers

3. Wireless communication providers

4. Internet service providers

5. Cable television operators


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Characteristics of a Network Service

Provider

Receive

message on

behalf

Store

message on

behalf

Transmit

message on

behalf

Provide

service with

respect to

message


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Liabilities

They must prevent any unlawful content,

messages or communications from being

carried on their network.

They must ensure that the content carried by

them does not infringe international and

domestic cyber laws

The use of NSP for anti-national activities

would be construed as an offence punishable

under the Indian Penal Code


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They must ensure that their networks cannot be

used to endanger or make vulnerable a networked

infrastructure.

They must ensure that their services are not used

to break-in or attempt to break-in to Indian

networks.

They must provide, without any delay, all the

tracing facilities to trace nuisance, obnoxious or

malicious calls, messages or communications


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Enforcement of the IT Amendment Bill 2008-

An intermediary shall not be liable for any third party

information, data, or communication link made

available or hosted by him if the function of theintermediary is limited to providing access to a

communication system over which information made

available by third parties is transmitted or temporarily

stored or hosted.

Restrictions on Liabilities


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The amended Section 79 of the IT Act:-

Intermediaries will be held liable if the intermediary has

conspired or abetted or aided or induced, whether by

threats or promise or otherwise in the commission of theunlawful act; or upon receiving actual knowledge, or on

being notified by the appropriate Government or its

agency that any information, data or communication link

residing in or connected to a computer resource

controlled by the intermediary is being used to commit

the unlawful act.

Restrictions on Liabilities


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IT Acts

The IT Act, 2000 isregulates the use of

computers,

computer systemsand computer

networks as also

data andinformation in the

electronic format.

The IT AmendmentBill 2008 aims to

make sweeping

changes in theexisting Indian cyber

law, namely the

InformationTechnology Act,

2000.


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A special liabilityhas been

imposed on all

the call centers,

BPOs, banks andothers who hold

or handle

sensitive and

personal data.

Compensation oncyber crimes likespreading viruses,copying data,

unauthorizedaccess, denial ofservice etc is notrestricted to 1 crore

.

Collecting,

browsing,

downloadetc of child

porn is

punishable

with jail up

to 5 years

for the first

conviction

The punishment for

spreading obscene

material by email,

websites, sms has

been reduced from

5 years jail to 3

years.

Cyber terrorismhas been

specially included

in the law. Acyber terrorist

can be punished

with life

imprisonment.


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Modifications

A special liability hasbeen imposed on all thecall centers, BPOs,banks and others whohold or handle sensitive

and personal data.

Compensation on cybercrimes like spreading

viruses, copying data,

unauthorized access,denial of service etc is not

restricted to 1 crore .

The punishment forspreading obscene

material by email,websites, sms has

been reduced from 5

years jail to 3 years.

Cyber terrorism has

been specially includedin the law. A cyberterrorist can be

punished with life

imprisonment.


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Modifications

The punishment forspreading obscenematerial by email,websites, sms has beenreduced from 5 years jail

to 3 years.

Hacking into a governmentcomputer or trying to even

do so will lead to

imprisonment up to

10years.

Publishing sexually

explicit acts in the

electronic form is

punishable with jail

upto 3years.

Publishing sexually

explicit acts in theelectronic form is

punishable with jail upto

3years.


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Yahoo inc vs Akash Arora case

Yahoo incorporation is the owner of a well

known trademark.

Akash Arora started to offer web based

services similar to those offered by yahoo.com

under the name yahoo India.

Yahoo inc sued Akash Arora for using a similar

trademark


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liability of network service providers

Documents