DISRUPTING COMPUTER NETWORK
Adv. Hareesh Mahadevan
Practicing High Court Advocate, LLM (Criminology) Diploma in Cyber Law from Govt Mumbai Law College, Expert in IPR affairs, Corporate Legal Advisor, available in Thruvananthapuram, Kochi , Chennai , Puthucherry
According to Section 43(e) of the IT ACT
If any person without permission of the owner or any other person who is in charge of a computer, computer systems, or computer network:-
(e) disrupts or causes disruption of any computer, computer systems or computer network;
.............he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.
This section penalises two acts namely disrupting and causing to be disrupted.?These acts may be directed towards a computer, a computer system or computer network.
Let us discuss the important terms:
Disrupting means “to prevent the normal continuance of”, “to throw into confusion or disorder”, “to interrupt or impede the progress of”.?Disruption can be total or partial.
?Illustration 1
Grandreams Ltd has a large computer network that spans 3 continents.?Grandreams employees around the globe use the network to transfer important data.?Arjun creates a computer worm that affects the Grandreams network.
The worm multiplies and replicates and clogs up all the resources thereby slowing the Grandreams network.?Arjun has partially disrupted the Grandreams network.
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?Illustration 2
Arjun is an employee of the Pune office of Grandreams Ltd.?The office has a dozen computers connected to each other through a wireless access point.?This access point creates a wireless network within the office.
Arjun deliberately switches off the access point.?The computers are no longer in a network.?Arjun has totally disrupted the Grandreams network.
?Illustration 3
Arjun is an employee f the Mumbai office of Grandreams Ltd.?The office has a medium speed Internet connection.?Arjun starts downloading several movies from the internet simultaneously.?This slows down the Internet speed available to the other Grandreams employees.?Arjun has partially disrupted the Grandreams network.
?The penalty provided for this section is compensation up to Rs 1 Crore.?
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