The question (15 marks)
A subscriber's private key is stolen on a Monday and used on Tuesday to sign an instruction transferring funds. He discovers the theft on Wednesday but informs the Certifying Authority only on Friday. In the same week an employee of the company holding the funds, without permission, copies its customer database onto a removable drive, and the company's servers are found to have been left without any security measures, the customers' personal data having been taken. Advise on the civil liability of the subscriber, of the employee and of the company, and on the forum in which each claim is to be pursued, the loss claimed being rupees four crore. (15 marks)
Unit III of the syllabi (civil wrongs under the IT Act) read with Unit II (subscriber's duties); pack ch. 02, sections 4 to 6.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Electronic Signatures, Certifying Authorities and Civil Wrongs of Cyber Law.
Authorities you will need
- Information Technology Act
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.