Shruti Desai

Details of 2 crore users put on sale on Dark Web : Law and consequences in India

November 9, 2020

There was a breaking news about details of 2 crore users by Big Basket put for sale on Dark Web. It was revealed by one cyber intelligence firm Cyble, that BigBasket has leaked sensitive data such as full names, email IDs, password hashes, contact numbers, addresses, and more on the dark web. Adding to the woes of BigBasket, a hacker has put the data on sale for around Rs 30 lakh. What is Dark Web? Oxford Dictionary defines Dark Web as under: the part of the World Wide Web that you can only get access to with special software, allowing users and website owners to remain secret, used especially for criminal activities Lexico Defines Term as: The part of the World Wide Web that is only accessible by means of special software, allowing users and website operators to remain anonymous or untraceable. Cambridge Dictionary says : parts of the internet that are encrypted (= use a secret code), that cannot be found using ordinary search engines, and that are sometimes used for criminal activity: The dark web can provide a haven for extremist groups to exchange ideas. For example: Sale of Drugs Sale of Data illegally Dark web was point of discussion in Sushant Case in India. Sale of illegal weapon Now let us see what law says regarding data breach in India Information and Technology Act,2000 provides as under: The said provision was inserted in 2009 [84A. Modes or methods for encryption.–The Central Government may, for secure use of the electronic medium and for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption. 84B. Punishment for abetment of offences.–Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offence under this Act. Explanation.–An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. 84C. Punishment for attempt to commit offences.–Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.] 85. Offences by companies.– (1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be […]

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