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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Regulatory Framework on AI, Cyber Security and Cyberspace

A person located in another country, using a foreign server, deploys an AI-driven tool that attacks a computer network located in India. Which statement about the applicability of the IT Act, 2000 is correct?

The IT Act applies. Section 75 covers offences committed outside India by any person irrespective of nationality, if the act involves a computer, computer system or network located in India. Since the attacked network is in India, the foreign offender's nationality and server location do not prevent application.

  1. AThe Act cannot apply because the offender is not an Indian citizen
  2. BThe Act applies, as the conduct involves a computer network located in India, irrespective of the offender's nationalityCorrect
  3. CThe Act applies only if the offender is later extradited to India
  4. DThe Act applies only if the foreign server is owned by an Indian company

Explanation

Section 75 extends the Act to offences or contravention committed outside India by any person irrespective of nationality, provided the conduct involves a computer, computer system or computer network located in India. Here the targeted network is in India, so the Act applies. Nationality and server ownership are irrelevant.

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