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India: Clicking porn and viewing it no legal offence
January 12, 2005
Pune - The suspected webcam scam that surfaced in Pune on Tuesday is not the
first such case in Pune.
In September 2003, a web camera was discovered in a changing room of a public
swimming pool. The pool manager, receptionist and peon, all in their early 20s,
were arrested.
Talking about Tuesday's case where a landlord is suspected to have been
secretly filming his college-going tenants by fixing a web cam in their
tubelight, Rohas Nagpal, president of the Pune-based Asian School of Cyber Laws
(ASCL), said: "You can actually do nothing to stop these technologies from
invading peoples' privacies because they have become all-pervasive and easily
accessible," the cyber-crime specialist told TNN on Tuesday.
He also listed the 'Trojan' software as one such technology that can remotely
'hijack' web cameras on the Internet and capture images in a person's room
without his or her knowledge. Nagpal said privacy laws in India were extremely
weak. "If a person captures pornographic images and sees it himself, he has not
committed a crime under section 67 of the Information Technology Act, 2000,"
Nagpal said.
However, if a person is found guilty of "publishing, transmitting or causing to
be published in the electronic form, any material which is lascivious or
appeals to the prurient interest" he can be imprisoned up to five years.
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