Cr i mesi nCyber space:Ri ghtt o Pr i vacyandOt herI ssues August 7, 2014 by admin Leave a Comment By Mohak Rana NMIMS, School of Law, Law, Mumbai Editor’s Note: The present era is marked by two things: heavy
reian!e on te!hnoogy and virtua spa!e" #ut behind the inter$usion o$ these two there e%ists a word o$ potent threat and risks" These threats and risks are very mu!h atent in nature and mosty the one !ommitting it or the one upon whom it is !ommitted are e%tremey di&!ut to be identi'ed" (or instan!e in !rimes ike !yber phishing, where a user shares his !redentias to a disguised trustworthy site but subse)uenty be!omes a vi!tim o$ $raud" The pa!e with whi!h su!h !rimes are evoving is very striving yet a !ountry ike *ndia a!ks $ar behind when it !omes to aws and rues reguating !yber word" +u!h to our surprise there is no de'nition o$ !yber !rimes in *ndi *n dia" a" At tho houg ugh h we ha have ve !o !om me up wit ith h *T A!t !t,, 20 2000 00 and th the e subse)uent amendment to it in 200 yet we are not abe to !over the !ompete ambit o$ !yber !rimes" Like a very !ru!ia issue o$ right to priva!y" priva!y" *t has amost no reevan!e when the !yber !rimes in *ndia are investigated" This ony shows the imbaan!e between age od pro!e pr o!edur dure e ado adopte pted d in *nd *ndia ia and the adv advan! an!eme ement nt whi whi!h !h *nd *ndian ian so!iety has made" -owever iabiity !an aso be $ound under !rimina and an d to tort rt a aw w wh whi! i!h h ha has s ma main inta tain ined ed th thei eirr !o !oor ordi dina nati tion on wi with th th the e pro!edura part"
I NTRODUCTI ON “When a man is denied the right to live the life he believes in, he has no choice but to become an outlaw.”
. /eson +andea hat does !rime mean Crime, Crim e, in mo moder dern n ti time mes s th this is te terrm do does esn ntt ha have ve an any y un univ iver ersa sa y y a!!epted de'nition, but one !an de'ne !rime, aso !aed an o3en!e as an a! a!tt har harm$ m$u u not on ony y to so some me in indi divi vidu dua a,, bu butt a aso so to th the e !ommunity or the state aso known as pubi! wrong" u!h a!ts are $orb $o rbid idde den n an and d pu puni nish shab abe e by a aw w" h hat at is a !r !rim imin ina a o3 o3en en!e !e is de'ned by !rimina aw o$ ea!h !ountry" hie many !ountries have a !rime !ataogue known as the !rimina !ode however in some !ommon aw !ountries no su!h !omprehensive statute e%ists"
The state has the power to severey restri!t ones iberty $or !ommitting a !rime" +odern so!ieties there$ore adopt and adhere a !rimina pro!edure during the investigation and tria o$ the o3en!e and ony i$ $ound guity, the o3ender may be senten!ed to various punishments, su!h as i$e imprisonment or in some 5urisdi!tions ike in *ndia even death" To be !assi'ed as a !rime, the a!t o$ doing something bad aso To !aed as a!tus reus must be usuay a!!ompanied by the intention to do something bad i"e" mens rea, with !ertain e%!eptions ike stri!t iabiity" hat is !yber !rime Cyber !rime is any !rimina a!tivity in whi!h a !omputer or network is the sour!e, target or too or pa!e o$ !rime" A!!ording to The Camb Ca mbri ridg dge e 6ng ngi ish sh i! i!ti tio ona narry !y !yb ber !r !rim imes es ar are e the !r !rim imes es !ommit !om mitted ted wit with h the use o$ !om !omput puters ers or re reat ating ing to !om !omput puters ers,, espe es pe!i !ia ay y th thrrou ough gh th the e in inte terrne net" t" Cr Crim imes es wh whi! i!h h in invo vov ve e us use e o$ in$ormation or usage o$ ee!troni! means in $urtheran!e o$ !rime are !overed under the ambit o$ !yber !rime" Cyber spa!e !rimes may be !ommitted against persons, property, government and so!iety at arge" he common ty!es of cyber crimes are:"
1" #ackin$ % An unauthori8ed user who attempts to or gains a!!ess to an in$ormation system is known as ha!ker" -a!king is a !yber !rime even i$ there is no visibe damage to the system, be!ause it is an invasion in to the priva!y o$ data" here are & di'erent classes of #ackers(
a9 hite -at -a!ker -a!kers s They are those ha!ker ha!kers s who beieve that in$ormation sharing is good, and that it is their duty to share their e%pertise by $a!iitating a!!ess to in$ormation" -owever there are some so me wh whit ite e ha hatt ha ha!k !ker ers s wh who o ar are e 5u 5ust st ;5 ;5oy oy ri ridi ding ng<< on !o !omp mput uter er systems" b9 #a!k -at -a!k -a!kers ers #a! #a!k k hat ha!k ha!kers ers !aus !ause e damag damage e a$t a$ter er intrusion" They may stea or modi$y data or insert viruses or worms whi!h damage the system" They are aso known as !ra!ker !ra!kers" s" !9 =rey -at -a!ker -a!kers s These type o$ ha!ker ha!kers s are typi!ay ethi!a but o!!asionay they !an vioate the ha!ker ethi!s" They wi ha!k into in to ne netw twor orks ks,, st stan and> d>a aon one e !o !omp mput uter ers s an and d so so$t $twa warre" /e /etw twor ork k ha!k ha !ker ers s tr try y to ga gain in un unau auth thor ori8 i8ed ed a! a!!e !ess ss to pr priv ivat ate e !o !omp mput uter er netw ne twor ork ks 5u 5ust st $o $orr !h !ha ae eng nge, e, !u !urrio iosi sitty, an and d di dis str trib ibu uti tio on o$ in$ormation"
2" Cyber taking Cyber staking invoves use o$ internet to harass someone" The behavior in!udes $ase a!!usations, threats et!" /ormay, ma5ority o$ !yber stakers are men and the ma5ority o$ vi!tims are women" &( S!ammin$ pamming is sending o$ unsoi!ited buk and
!ommer!ia messages over the internet" Athough irritating to most emai users, it is not iega uness it !auses damage su!h as overoading network and disrupting servi!e to subs!ribers or !reates negative impa!t on !onsumer attitudes towards *nternet ervi!e ?rovider" )( *yber +orno$ra!hy ith the in!reasing approa!h o$ internet
to the peope, there is aso a in!rease in the vi!timi8ation o$ omen and !hidren $or se%ua e%poitation through internet" ?edophies @a person 1 years o$ age or oder who is primariy or e%!usivey se%uay attra!ted to !hidren who have not begun puberty9 use the internet to send photos o$ iega !hid pornography to targeted !hidren so as to attra!t !hidren to su!h $uns and ater they are se%uay e%poited $or gains" ( *yber +hishin$ *t is a !riminay $rauduent pro!ess in whi!h
!yber !rimina a!)uires sensitive in$ormation su!h as username, passwords and !redit !ard detais by disguising as a trustworthy entity in an ee!troni! !ommuni!ation" -( Software +iracy *t is an iega reprodu!tion and distribution o$
so$tware $or business or persona use" This is !onsidered to be a type o$ in$ringement o$ !opy right and a vioation o$ a i!ense agreement" in!e the unauthori8ed user is not a party to the i!ense agreement it is di&!ut to 'nd out remedies" There are numerous !ases o$ so$tware pira!y" *n$a!t a!!ording to one report /ew ehis /ehru market is the Asias argest market where one !an easiy 'nd pirated so$tware" .( *or!orate Es!iona$e *t means the$t o$ trade se!rets through
iega means su!h as wire taps or iega intrusions" /( Money Launderin$ +oney aundering basi!ay means the
moving o$ iegay a!)uired !ash through 'nan!ia and other systems so that it appears to be egay a!)uired" This is possibe prior to !omputer and internet te!hnoogy and now times ee!troni! trans$ers have made it easier and more su!!ess$u" 0( Embe11lement " *nternet $a!iities are misused to !ommit this
!rime" *t is the unaw$u misappropriation o$ money, property or any other thing o$ vaue that has been entrusted to the o3enders !are, !ustody or !ontro"
23( +assword Sni'ers These are programs that monitor and
re!ord the name and password o$ network users as they og in, 5eopardi8ing se!urity at a site" hoever instas the sni3er !an impersonate an authori8ed user and og in to a!!ess on restri!ted do!uments" 22( S!oo4n$ poo'ng is the a!t o$ disguising one !omputer to
ee!troni!ay ;ook< ike another !ompute, in order to gain a!!ess to a system that woud be normay is restri!ted" 25( *redit *ard 6raud *n B""A" ha$ a biion doars have been
ost annuay by !onsumers who have !redit !ards and !aing !ard numbers" These are stoen $rom on>ine databases" *n present word this !yber !rime is emerged as a ma5or threat as numerous !ases had been 'ed in amost every ma5or deveoped and deveoping !ountry" 2&( 7eb 8ackin$ The term re$ers to $or!e$u taking o$ !ontro o$ a
web site by !ra!king the password" 2)( *yber terrorism The use o$ !omputer resour!es to intimidate
or !oer!e government, the !iviian popuation or any segment thereo$ in $urtheran!e o$ poiti!a or so!ia ob5e!tives is !aed !yber terrorism" *ndividuas and groups )uite o$ten try to e%poit anonymous !hara!ter o$ the internet to threaten governments and terrori8e the !iti8ens o$ the !ountry" 1D
EVOLUTI ON&PRESENTDEVELOPMENT “Cyber bullies can hide behind a mask of anonymity online, and do not need direct physical access to their victims to do unimaginable harm.” >Anna +aria Chave8
Crime is both a so!ia as we as a e!onomi! phenomenon" *ts history is as od as human so!iety" +any books right $rom the pre>histori! days, and mythoogi!a stories have spoken about !rimes !ommitted by individuas be it against another individua ike ordinary the$t and burgary or against the nation ike spying, treason et!" Eautiyas Arthashastra whi!h is written around FG0 #C, !onsidered to be an authenti! administrative treatise in *ndia, dis!usses the various !rimes, se!urity initiatives to be taken by the ruers, possibe !rimes in a state et!" and aso advo!ates punishment $or the ist o$ some stipuated o3en!es" i3erent kinds o$ punishments have been pres!ribed $or isted o3en!es and the !on!ept o$ restoration o$ oss to the vi!tims has aso been dis!ussed in it" Crime in any $orm adversey a3e!ts a the members o$ the so!iety" *n deveoping e!onomies, !yber !rime has in!reased at rapid strides, due to the rapid di3usion o$ the *nternet and the digiti8ation o$
e!onomi! a!tivities" Thanks to the huge penetration o$ te!hnoogy in amost a waks o$ so!iety right $rom !orporate governan!e and state administration, up to the owest eve o$ petty shop keepers !omputeri8ing their biing system, we 'nd !omputers and other ee!troni! devi!es pervading the human i$e" The penetration is so deep that man !annot spend a day without !omputers or a mobie" nat!hing some ones mobie wi tantamount to dumping one in soitary !on'nementH *nternet is the $astest te!hni)ue on earth that one !an 'nd these days and $or everything it is the best soution that peope !onsider ooking into" *t has a the bene'ts and advantages ike !ommuni!ation, advertisement, onine movie and songs downoads, emaiing, instant messaging and sear!hing out the !on!erns and issues there are penty o$ things that internet has got wrong as we" There are di3erent kinds o$ internet s!ams and $rauds that are happening and one needs to be very !are$u" This is something that has been bothering individuas and organi8ations ever sin!e internet was introdu!ed and many a time, simpe things !oud make you a vi!tim even when you are unaware o$ it" *t is righty said that te!hnoogi!a deveopment in every area is ikey to !ause drasti! e3e!ts in every wak o$ i$e" The s!ienti'! and te!hnoogi!a advan!ement, espe!iay in the 'ed o$ !ommuni!ation and in$ormation have !reated havo! thus, opening new vistas $or the human beings in!uding the !riminas" Todays !rime reports revea that many !yber !rimes are !ommitted by assistan!e o$ internet and !e phones" In the other hand, egisatures have been !ompeed to $rame e%!usive ena!tments to dea with !rimes !ommitted with the hep o$ !on!erned devi!e" *$ one is to beieve newspaper reports, many s!andas su!h as C"" ra!kets were busted by the poi!e" *t is other side o$ revoution in the 'ed o$ in$ormation and te!hnoogy" Bnder the *n$ormation Te!hnoogy A!t, 2000, there is a apparatus de'ned as ;!omputer< whi!h means ;Any ee!troni! magneti!, opti!a or other high speed data pro!essing devi!e or system whi!h per$orms ogi!a arithmeti!a and memory $un!tions by manipuations o$ ee!troni! magneti! or opti!a impuses and a input, output, pro!essing storage, !omputer so$tware, or !ommuni!ation $a!iities whi!h are !onne!ted and reated to the !omputer in a !omputer system or !omputer network<" 2D 9eelo!ment of *yber *rime:"
Cyber Crime is neither de'ned in the *T A!t 2000 nor in the *"T" Amendment A!t 200 nor in any other egisation in *ndia" To de'ne !yber !rime, we !an say, it is 5ust a !ombination o$ !rime and !omputer" To put it in simpe terms Jany o3en!e or !rime in whi!h a !omputer is used is a !yber !rime" *nterestingy even a petty o3en!e ike steaing or pi!k>po!ket !an be brought within the
broader purview o$ !yber !rime i$ the basi! data or aid to su!h an o3en!e is a !omputer or in$ormation stored in a !omputer used @or misused9 by the $raudster" *t !oud be ha!kers vandai8ing ones site, viewing !on'dentia in$ormation or steaing trade se!rets or intee!tua property with the use o$ internet" *t !an aso in!ude Jdenia o$ servi!es and viruses atta!ks preventing reguar tra&! $rom rea!hing your site" Cyber !rimes aso in!udes !rimina a!tivities done with the use o$ !omputers whi!h $urther perpetuates !rimes i"e" 'nan!ia !rimes, sae o$ iega arti!es, pornography, onine gambing, intee!tua property !rime, e>mai, spoo'ng, $orgery, !yber de$amation, !yber staking, unauthori8ed a!!ess to Computer system, the$t o$ in$ormation !ontained in the ee!troni! $orm, e>mai bombing, physi!ay damaging the !omputer system et!" *n a !yber !rime, !omputer or the data itse$ is the target or the ob5e!t o$ o3en!e or a too in !ommitting some other o3en!e, providing the ne!essary inputs $or that o3en!e" A su!h a!ts o$ !rime wi !ome under the broader de'nition o$ !yber !rime" *n the past, !yber!rime has been !ommitted by individuas or sma groups o$ individuas" -owever, we are now seeing an emerging trend with traditiona organi8ed !rime syndi!ates and !riminay minded te!hnoogy pro$essionas working together and pooing their resour!es and e%pertise" This approa!h has been very e3e!tive $or the !riminas invoved" *n 2007 and 200 the !ost o$ !yber!rime wordwide was estimated at appro%imatey B biion" As $or !orporate !yber espionage, !yber !riminas have stoen intee!tua property $rom businesses wordwide worth up to B 1 triion"
Cat egor i esofCyberCr i mes Cyber !rimes !an be !assi'ed into $oowing di3erent !ategories: i; *rimes <$ainst +ersons: •
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-arassment via 6>+ais: -arassment through sending etters, atta!hments o$ 'es K $oders i"e" via e>mais" At present harassment is !ommon as usage o$ so!ia sites i"e" Irkut, hangout, 8apak, (a!ebook, Twitter et!" in!reasing day by day" Cra!king: *t is amongst the gravest !yber !rimes known ti date" *n this a !yber !rimina broke into your !omputer systems without your knowedge and !onsent and Tampere with your pre!ious !on'dentia data and in$ormation"
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Cyber>taking: *t means e%pressed or impied a physi!a threat that !reates $ear through the use to !omputer te!hnoogy su!h as internet, e>mai, phones, te%t messages, web!am, websites or videos" -a!king: *t means unauthori8ed !ontroa!!ess over !omputer system and a!t o$ ha!king !ompetey destroys the whoe data as we as !omputer program" -a!kers usuay ha!ks tee!ommuni!ation and mobie network" issemination o$ Ibs!ene +ateria: *t in!udes *nde!ent e%posure ?ornography @basi!ay !hid pornography9, hosting o$ web site !ontaining these prohibited materias" These obs!ene matters may !ause harm to the mind o$ the adoes!ent and tend to deprave or !orrupt their mind" This !an !reate a huge bunder in the so!iety" + poo'ng: poo'ng is a bo!king through spam whi!h means the unwanted uninvited messages" -ere a o3ender steas identity o$ another in the $orm o$ mobie phone number and sending + via internet and re!eiver gets the + $rom the mobie phone number o$ the vi!tim" Assaut by Threat: it re$ers to threatening a person with $ear $or their ives or ives o$ their $amiies through the use o$ a !omputer network i"e" 6>mai, videos or phones" ?age 5a!king: when a user, !i!k on a !ertain ink and an une%pe!ted website gets opened through that ink then the ser is said to be Jpage5a!ked" This happens when someone steas part o$ a rea website and uses it in a $ake site" *$ they use enough o$ the rea site, *nternet sear!h engines !an be tri!ked into isting the $ake site and peope wi visit it a!!identay" Bn$ortunatey one !annot prevent page 5a!king but ony !an dea with it" Advan!e $ee s!ams: An advan!e $ee s!am is $airy easy to identi$y as you wi be asked $or money or goods up$ront in return $or giving you !redit or money ater" These advan!e $ee s!ams !an seem !onvin!ing and have taken in many peope" e$amation: *t is an a!t o$ imputing any person with intent to ower down the dignity o$ the person by ha!king his mai a!!ount and sending some mais with using vugar anguage to unknown persons mai a!!ount" 6>+ai poo'ng: A spoo$ed e>mai may be said to be one, whi!h misrepresents its origin" *t shows its origin to be di3erent $rom whi!h a!tuay it originates"
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Chid ?ornography: *t invoves the use o$ !omputer networks to !reate, distribute, or a!!ess materias that se%uay e%poit underage !hidren" Carding: *t means $ase AT+ !ards i"e" ebit and Credit !ards used by !riminas $or their monetary bene'ts through withdrawing money $rom the vi!tims bank a!!ount maa> 'dey" There is aways unauthori8ed use o$ AT+ !ards in this type o$ !yber !rimes" Cheating K (raud: *t means the person who is doing the a!t o$ !yber !rime i"e" steaing password and data storage has done it with having guity mind whi!h eads to $raud and !heating"
ii; *rimes <$ainst +ersons +ro!erty:
As a resut o$ rapid growth in the internationa trade where businesses and !onsumers are in!reasingy using !omputers to !reate, transmit and to store in$ormation in the ee!troni! $orm instead o$ traditiona paper do!uments there are some o$ the o3en!es whi!h a3e!t persons property: •
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*ntee!tua ?roperty Crimes: Any unaw$u a!t by whi!h the owner is deprived !ompetey or partiay o$ his rights is an o3en!e" The !ommon $orm o$ *?M vioation may be said to be so$tware pira!y, in$ringement o$ !opyright, trademark, patents, designs and servi!e mark vioation, the$t o$ !omputer sour!e !ode, et!" Cybers)uatting: *t means where two persons !aim $or same omain /ame either by !aiming that they registered the name 'rst on by right o$ using it be$ore other or using something simiar to that previousy" e%ampe two simiar names www"yahoo"!omand www"yaahoo"!om"
the had the (or i"e"
Cyber Nandaism: Nandaism means deiberatey destroying or damaging property o$ another" -en!e !yber vandaism means destroying or damaging the data when a network servi!e is stopped or disrupted" *t may in!ude within its purview any kind o$ physi!a harm done to the !omputer o$ any person" These a!ts may take the $orm o$ the the$t o$ a !omputer, some part o$ a !omputer or a periphera atta!hed to the !omputer" -a!king Computer ystem: ue to the ha!king a!tivity there wi be oss o$ data as we as !omputer" Aso resear!h espe!iay indi!ates that those atta!ks were not mainy
intended $or 'nan!ia gain too and to diminish the reputation o$ parti!uar person or !ompany" •
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Transmitting Nirus: Niruses are programs that atta!h themseves to a !omputer or a 'e and then !ir!uate themseves to other 'es and to other !omputers on a network" They usuay a3e!t the data on a !omputer, either by atering or deeting it" orm atta!ks pays ma5or roe in a3e!ting the !omputeri8e system o$ the individuas" Cyber Trespass: *t means to a!!ess someones !omputer without the right authori8ation o$ the owner and does not disturb, ater, misuse, or damage data or system by using wireess internet !onne!tion" *nternet Time The$ts: #asi!ay, *nternet time the$t !omes under ha!king" *t is the use by an unauthori8ed person, o$ the *nternet hours paid $or by another person" The person who gets a!!ess to someone eses *? user * and password, either by ha!king or by gaining a!!ess to it by iega means, uses it to a!!ess the *nternet without the other persons knowedge" Oou !an identi$y time the$t i$ your *nternet time has to be re!harged o$ten, despite in$re)uent usage"
iii; *yber *rimes <$ainst =oernment:
There are !ertain o3en!es done by group o$ persons intending to threaten the internationa governments by using internet $a!iities: •
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Cyber Terrorism: Cyber terrorism is a ma5or burning issue in the domesti! as we as goba !on!ern" The !ommon $orm o$ these terrorist atta!ks on the *nternet is by distributed denia o$ servi!e atta!ks, hate websites and hate e>mais, atta!ks on sensitive !omputer networks et!" Cyber terrorism a!tivities endanger the sovereignty and integrity o$ the nation" Cyber ar$are: *t re$ers to poiti!ay motivated ha!king to !ondu!t sabotage and espionage" *t is a $orm o$ in$ormation war$are sometimes seen as anaogous to !onventiona war$are athough this anaogy is !ontroversia $or both its a!!ura!y and its poiti!a motivation" istribution o$ pirated so$tware: *t means distributing pirated so$tware $rom one !omputer to another intending to destroy the data and o&!ia re!ords o$ the government">2G ?ossession o$ Bnauthori8ed *n$ormation: *t is very easy to a!!ess any in$ormation by the terrorists with the aid o$
internet and to possess that in$ormation $or poiti!a, reigious, so!ia, ideoogi!a ob5e!tives" i; *ybercrimes <$ainst Society at lar$e:
An unaw$u a!t done with the intention o$ !ausing harm to the !yberspa!e wi a3e!t arge number o$ persons: •
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Chid ?ornography: *t invoves the use o$ !omputer networks to !reate, distribute, or a!!ess materias that se%uay e%poit underage !hidren" *t aso in!udes a!tivities !on!erning inde!ent e%posure and obs!enity" Cyber Tra&!king: *t may be tra&!king in drugs, human beings, arms weapons et!" whi!h a3e!ts arge number o$ persons" Tra&!king in the !yberspa!e is aso a gravest !rime" Inine =ambing: Inine $raud and !heating is one o$ the most u!rative businesses that are growing today in the !yber spa!e" There are many !ases that have !ome to ight are those pertaining to !redit !ard !rimes, !ontra!tua !rimes, o3ering 5obs, et!" FD (inan!ia Crimes: This type o$ o3en!e is !ommon as there is rapid growth in the users o$ networking sites and phone networking where !uprit wi try to atta!k by sending bogus mais or messages through internet" 6%: Bsing !redit !ards by obtaining password iegay" 4D (orgery: *t means to de!eive arge number o$ persons by sending threatening mais as onine business transa!tions are be!oming the habitua need o$ todays i$e stye" GD
NEEDFORCYBERLAWS *n$ormation te!hnoogy has spread throughout the word" As the user o$ !yberspa!e grows in!reasingy diverse and the range o$ onine intera!tion e%pands, there is e%pansion in the !yber !rimes i"e" brea!h o$ onine !ontra!ts, perpetration o$ onine torts and !rimes et!" ue to the !onse)uen!es there was need to adopt a stri!t aw by the !yber spa!e authority to reguate !rimina a!tivities reating to !yber and to provide better administration o$ 5usti!e to the vi!tim o$ !yber !rime" *n the modern !yber te!hnoogy word it is very mu!h ne!essary to reguate !yber !rimes and most importanty !yber aw shoud be made stri!ter in the !ase o$ !yber terrorism and ha!kers"
Cyber aw, it is a term that en!apsuates the ega issues reated to use o$ !ommuni!ative, transa!tiona, and distributive aspe!ts o$ networked in$ormation devi!es and te!hnoogies" *t is ess a distin!t 'ed o$ aw than property or !ontra!t aw, as it is a domain !overing many areas o$ aw and reguation" *T Law is a set o$ re!ent ega ena!tments, !urrenty in e%isten!e in severa !ountries, whi!h governs the pro!ess and dissemination o$ in$ormation digitay" These ega ena!tments !over a broad gamut o$ di3erent aspe!ts reating to !omputer so$tware, prote!tion o$ !omputer so$tware, a!!ess and !ontro o$ digita in$ormation, priva!y, se!urity, internet a!!ess and usage, and ee!troni! !ommer!e" These aws have been des!ribed as ;paper aws< $or ;paperess environment<" I le$islation in India: +id P0s saw an impetus in gobai8ation
and !omputeri8ation, with more and more nations !omputeri8ing their governan!e, and e>!ommer!e seeing an enormous growth" ?reviousy, most o$ internationa trade and transa!tions were done through do!uments being transmitted through post and by tee% ony" 6viden!es and re!ords, unti then, were predominanty paper eviden!es and paper re!ords or other $orms o$ hard>!opies ony" ith mu!h o$ internationa trade being done through ee!troni! !ommuni!ation and with emai gaining momentum, an urgent and imminent need was $et $or re!ogni8ing ee!troni! re!ords i"e" The data what is stored in a !omputer or an e%terna storage atta!hed thereto" The Bnited /ations Commission on *nternationa Trade Law @B/C*TMAL9 adopted the +ode Law on e>!ommer!e in 1PP" The =enera Assemby o$ Bnited /ations passed a resoution in Qanuary 1PP7 inter aia, re!ommending a tates in the B/ to give $avorabe !onsiderations to the said +ode Law, whi!h provides $or re!ognition to ee!troni! re!ords and a!!ording it the same treatment ike a paper !ommuni!ation and re!ord" is against this ba!kground the =overnment o$ *ndia ena!ted its *n$ormation Te!hnoogy A!t 2000 with the ob5e!tives as $oows, stated in the pre$a!e to the A!t itse$" ;to provide ega re!ognition $or transa!tions !arried out by means o$ ee!troni! data inter!hange and other means o$ ee!troni! !ommuni!ation, !ommony re$erred to as ;ee!troni! !ommer!e<, whi!h invove the use o$ aternatives to paper>based methods o$ !ommuni!ation and storage o$ in$ormation, to $a!iitate ee!troni! 'ing o$ do!uments with the =overnment agen!ies and $urther to amend the *ndian ?ena Code, the *ndian 6viden!e A!t, 172, the #ankers #ooks 6viden!e A!t, 1P1 and the Meserve #ank o$ *ndia A!t, 1PF4 and $or matters !onne!ted therewith or in!identa thereto"< >b?ecties
of
I((
le$islation
in
India: *t
The *n$ormation Te!hnoogy A!t, 2000, was thus passed as the A!t /o"21 o$ 2000, got ?residents assent on P Qune and was made e3e!tive $rom 17 I!tober 2000"
The A!t essentiay deas with the $oowing issues: •
Lega Me!ognition o$ 6e!troni! o!uments
•
Lega Me!ognition o$ igita ignatures
•
I3enses and Contraventions
•
Qusti!e ispensation ystems $or !yber !rimes" D
te!hnoogy, !omputers and e!ommer!e and e>!ommuni!ation, the A!t was the sub5e!t o$ e%tensive debates, eaborate reviews and detaied !riti!isms, with one arm o$ the industry !riti!i8ing some se!tions o$ the A!t to be dra!onian and other stating it is too diuted and enient" There were some !onspi!uous omissions too resuting in the investigators reying more and more on the time>tested @one and ha$ !entury>od9 *ndian ?ena Code even in te!hnoogy based !ases with the *"T" A!t aso being re$erred in the pro!ess and the reian!e more on *?C rather on the *TA" Thus the need $or an amendment a detaied one was $et $or the *"T" A!t amost $rom the year 200F>04 themseves" +a5or industry bodies were !onsuted and advisory groups were $ormed to go into the per!eived a!unae in the *"T" A!t and !omparing it with simiar egisations in other nations and to suggest re!ommendations" u!h re!ommendations were anay8ed and subse)uenty taken up as a !omprehensive Amendment A!t and a$ter !onsiderabe administrative pro!eduresR the !onsoidated amendment !aed the *n$ormation Te!hnoogy Amendment A!t 200 was pa!ed in the ?ariament and passed without mu!h debate, towards the end o$ 200" This Amendment A!t got the ?resident assent on G (eb 200P and was made e3e!tive $rom 27 I!tober 200P" ome o$ the notabe $eatures o$ the *TAA are as $oows: •
(o!using on data priva!y
•
(o!using on *n$ormation e!urity
•
e'ning !yber !a$S
•
+aking digita signature te!hnoogy neutra
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e'ning reasonabe se!urity pra!ti!es to be $oowed by !orporate
•
•
•
•
Mede'ning the roe o$ intermediaries Me!ogni8ing the roe o$ *ndian Computer 6mergen!y Mesponse Team *n!usion o$ some additiona pornography and !yber terrorism
!yber
!rimes
ike
!hid
Authori8ing an *nspe!tor to investigate !yber o3en!es @as against the ? earier9
I NDI ANPERSPECTI VE Taking about *ndian s!enario o$ !yber spa!e !rimes and !yber spa!e aws, there was no statute in *ndia $or governing Cyber Laws invoving priva!y issues, 5urisdi!tion issues, intee!tua property rights issues and a number o$ other ega )uestions" ith the tenden!y o$ misusing o$ te!hnoogy, there arisen a need o$ stri!t statutory aws to reguate the !rimina a!tivities in the !yber word and to prote!t the true sense o$ te!hnoogy *T ACT, 2000 was ena!ted by ?ariament o$ *ndia to prote!t the 'ed o$ e>!ommer!e, e> governan!e, e>banking as we as penaties and punishments in the 'ed o$ !yber !rimes" The above A!t was $urther amended in the $orm o$ *T Amendment A!t, 200" Aso !ertain se!tions o$ *?C and as some !yber spa!e !rime are invading right to priva!y, arti!e 21 o$ *ndian !onstitution are some governing aws $or !yber spa!e !rime whi!h imposes various iabiities in *ndia" *>NSI@I>N
-a!king into someones private property or steaing some ones intee!tua work is a !ompete vioation o$ his right to priva!y" The *ndian !onstitution does not spe!i'!ay provide the ;right to priva!y< as one o$ the $undamenta rights guaranteed to the *ndian !iti8ens but it is prote!ted under *?C" Might to priva!y is an important natura need o$ every human being as it !reates boundaries around an individua where the other persons entry is restri!ted" The right to priva!y prohibits inter$eren!e or intrusion in others private i$e" The ape% !ourt o$ *ndia has !eary a&rmed in its 5udi!ia pronoun!ements that right to priva!y is very mu!h a part o$ the $undamenta right guaranteed under arti!e 21 o$ the *ndian !onstitution" Thus right to priva!y is !oming under the e%pended ambit o$ arti!e 21 o$ *ndian !onstitution" o whenever there is some !yber !rime whi!h is reated to the persons private property or its persona stu3 then the a!!used !an be !harged o$ vioation o$ arti!e 21 o$ *ndian
!onstitution, and pres!ribed remedy !an be invoked against the a!!used" *RIMIN
Crimina iabiity in *ndia $or !yber !rimes is de'ned under the *ndian ?ena Code @*?C9" Certain (oowing se!tions o$ *?C dea with the various !yber !rimes: •
•
ending threatening messages by e>mai @e! "G0F *?C9 ord, gesture or a!t intended to insut the modesty o$ a woman @e!"G0P *?C9
•
ending de$amatory messages by e>mai @e! "4PP *?C9
•
#ogus websites , Cyber (rauds @e! "420 *?C9
•
6>mai poo'ng @e! "4F *?C 9
•
+aking a $ase do!ument @e!"44 *?C9
•
(orgery $or purpose o$ !heating @e!"4 *?C9
•
(orgery $or purpose o$ harming reputation @e!"4P *?C9
•
eb>Qa!king @e! "FF *?C9
•
6>mai Abuse @e! "G00 *?C9
•
?unishment $or !rimina intimidation @e!"G0 *?C9
•
•
•
Crimina intimidation by an anonymous @e!"G07 *?C9
!ommuni!ation
Ibs!enity @e!" 2P2 *?C 9 ?rinting et!" o$ grossy inde!ent or s!urrious matter or matter intended $or ba!kmai @e!"2P2A *?C9
•
ae, et!", o$ obs!ene ob5e!ts to young person @e! "2PF *?C9
•
Ibs!ene a!ts and songs @e!"2P4 *?C 9
•
•
The$t o$ Computer -ardware @e!" F7 9 ?unishment $or the$t @e!"F7P 9
•
Ither then the *?C some other pie!e o$ egisations aso imposes !rimina iabiity on the a!!used and these egisations are:>
•
Inine ae o$ rugs @/? A!t 9
•
Inine ae o$ Arms @Arms A!t 9
•
Copyright in$ringement @e!"G1 o$ !opyright a!t, 1PG79
•
•
•
Any person who knowingy in$ringes or abets the in$ringement o$ @e!"F o$ !opyright a!t, 1PG79 6nhan!ed penaty on se!ond and subse)uent !onvi!tions @e!"F A o$ !opyright a!t, 1PG79 Enowing use o$ in$ringing !opy o$ !omputer program to be an o3en!e @e!"F# o$ !opyright a!t, 1PG79
The appi!ations o$ these se!tions are sub5e!t to the investigating stye o$ investigating o&!er and !harge sheet 'ed by the investigating agen!y and nature o$ !yber !rime" *n *ndia there are number o$ !ases 'ed under these *?C provisions reated to the !yber !rime" A!!ording to the report o$ -ome +inistry, in 2012 there are 01 !ases 'ed under the various provisions o$ *?C" 7D >RI>@S LI
#asi! iabiity in !yber !rime is estabished through the prin!ipe o$ neighborhood estabished $rom the !ase o$ onoghue v" tevenson" #ut the ma5or tortuous iabiity in !yber !rimes is through *n$ormation Te!hnoogy A!t, 2000 @as amended9" *n *ndia the *n$ormation Te!hnoogy A!t 2000 was passed to provide ega re!ognition $or transa!tions !arried out by means o$ ee!troni! !ommuni!ation" The A!t deas with the aw reating to igita Contra!ts, igita ?roperty, and igita Mights Any vioation o$ these aws !onstitutes a !rime" The A!t pres!ribes very high punishments $or su!h !rimes" The *n$ormation Te!hnoogy @amendment9 A!t, 200@A!t 10 o$ 200P9, has $urther enhan!ed the punishments" Li$e imprisonment and 'ne upto rupees ten akhs may be given $or !ertain !asses o$ !yber !rimes" Compensation up to rupees 've !rores !an be given to a3e!ted persons i$ damage is done to the !omputer, !omputer system or !omputer network by the introdu!tion o$ virus, denia o$ servi!es et!" he followin$ sections are dealin$ with the cyber crimes:
•
•
•
•
•
•
•
•
?enaty and Compensation $or damage to !omputer, !omputer system, et! @se!" 4F *T a!t9 Compensation $or $aiure to prote!t data @se!" 4FA *T A!t9 Tampering with !omputer sour!e o!uments @se!" G *T A!t9 -a!king with !omputer systems, ata Ateration @se!" *T A!t9 ending o3ensive messages through !ommuni!ation servi!e, et! @se!" A *T A!t9 ishonesty re!eiving stoen !omputer !ommuni!ation devi!e @se!" # *T A!t9
Cheating by personating by using !omputer resour!e @se!" *T A!t9 Nioation o$ priva!y @se!" 6 *T A!t9
•
Cyber terrorism @se!" ( A!t9
•
•
•
•
•
•
or
*dentity the$t @se!" C *T A!t9
•
•
resour!e
?ubishing or transmitting obs!ene materia in ee!troni! $orm @se!" 7 *T A!t9 ?ubishing or transmitting o$ materia !ontaining se%uay e%pi!it a!t, et!" in ee!troni! $orm @se!" 7A *T A!t9 ?unishment $or pubishing or transmitting o$ materia depi!ting !hidren in se%uay e%pi!it a!t, et!" in ee!troni! $orm @se!" 7# *T A!t9 ?reservation and Metention o$ in$ormation by intermediaries @se!"7C *T A!t9 ?owers to issue dire!tions $or inter!eption or monitoring or de!ryption o$ any in$ormation through any !omputer resour!e @se!" P *T A!t9 ?ower to issue dire!tions $or bo!king $or pubi! a!!ess o$ any in$ormation through any !omputer resour!e @se!" PA *T A!t9 ?ower to authori8e to monitor and !oe!t tra&! data or in$ormation through any !omputer resour!e $or Cyber e!urity @se!" P# *T A!t9
•
Bn>authori8ed a!!ess to prote!ted system @se!" 70 *T A!t9
•
?enaty $or misrepresentation @se!" 71 *T A!t9
•
#rea!h o$ !on'dentiaity and priva!y @se!" 72 *T A!t9
•
?ubishing (ase digita signature !erti'!ates @se!" 7F *T A!t9
•
?ubi!ation $or $rauduent purpose @se!" 74 *T A!t9
•
•
A!t to appy $or o3en!e or !ontraventions !ommitted outside *ndia @se!" 7G *T A!t9 Compensation, penaties or !on's!ation not to inter$ere with other punishment
•
@se!" 77 *T A!t9
•
Compounding o$ I3en!es @se!"77A *T A!t9
•
•
I3en!es with three years imprisonment to be !ogni8abe @se!" 77# *T A!t9 6%emption $rom iabiity o$ intermediary in !ertain !ases @se!" 7P *T A!t9
•
?unishment $or abetment o$ o3en!es @se!" 4# *T A!t9
•
?unishment $or attempt to !ommit o3en!es @se!" 4C *T A!t9
•
I3en!es by Companies @se!" G *T A!t9
The appi!ations o$ these se!tions are sub5e!t to the investigating stye o$ investigating o&!er and !harge sheet 'ed by the investigating agen!y and nature o$ !yber !rime" *n *ndia there are number o$ !ases 'ed under these *T provisions reated to the !yber !rime" A!!ording to the report o$ -ome ministry o$ *ndia, *n 2012 there are 27 !ases 'ed under the various provisions o$ *T a!t" PD
ANALYSI S OF I NDI AN CYBER LAWS AND POLI CI NG SYSTEM /oted !yber aw e%pert in the nation and upreme Court advo!ate hri ?avan ugga, ;hie the awmakers have to be !ompemented $or their admirabe work removing various de'!ien!ies in the *ndian Cyber aw and making it te!hnoogi!ay neutra, yet it appears that
there has been a ma5or mismat!h between the e%pe!tation o$ the nation and the resutant e3e!t o$ the amended egisation" The most bi8arre and starting aspe!t o$ the new amendments is that these amendments seek to make the *ndian !yber aw a !yber !rime $riendy egisationR a egisation that goes e%tremey so$t on !yber !riminas, with a so$t heartR a egisation that !hooses to en!ourage !yber !riminas by essening the )uantum o$ punishment a!!orded to them under the e%isting awR "" a egisation whi!h makes a ma5ority o$ !yber!rimes stipuated under the *T A!t as baiabe o3en!esR a egisation that is ikey to pave way $or *ndia to be!ome the potentia !yber !rime !apita o$ the word< 11D Let us not be pessimisti! that the e%isting egisation is !yber !rimina $riendy or paves the way to in!rease !rimes" Certainy, it does not" *t is a !ommendabe pie!e o$ egisation, a andmark 'rst step and a remarkabe mie>stone in the te!hnoogi!a growth o$ the nation" #ut et us not be !ompa!ent that the e%isting aw woud su&!e" Let us remember that the !riminas aways go $aster than the investigators and aways try to be one step ahead in te!hnoogy" here are seeral loo!holes in I
•
The hurry, in whi!h the egisation was passed, without su&!ient pubi! debate, did not reay serve the desired purpose" 6%perts are o$ the opinion that one o$ the reasons $or the inade)ua!y o$ the egisation has been the hurry in whi!h it was passed by the pariament and it is aso a $a!t that su&!ient time was not given $or pubi! debate" #ut many probems o$ the a!t were amended by the amended a!t o$ 200" 12D Bni$orm aw
+r" Ninod Eumar hods the opinion that the need o$ the hour is a wordwide uni$orm !yber aw to !ombat !yber !rime" Cyber !rime is a goba phenomenon and there$ore the initiative to 'ght it shoud !ome $rom the same eve" 1FD •
La!k o$ awareness
The A!t o$ 2000 is not a!hieving !ompete su!!ess be!ause o$ the a!k o$ awareness among the masses about their rights" (urther most o$ the !ases are going unreported" *$ ony the peope are vigiant about their rights, !an the aw prote!t their rights" •
Maising a !yber army>
There is a need $or a we e)uipped task $or!e to dea with the new trends o$ hi te!h !rime" The government has taken a eap in this
dire!tion by !onstituting !yber !rime !es in a metropoitan and other important !ities" (urther the estabishment o$ the Cyber Crime *nvestigation Ce @CC*C9 o$ the Centra #ureau o$ *nvestigation @C#*9" •
Cyber savvy ben!h
Cyber savvy 5udges are the need o$ the day" Qudi!iary pays a vita roe in shaping the ena!tment a!!ording to the order o$ the day" Ine su!h stage, whi!h needs appre!iation, is the ?"*"L", whi!h the Eeraa -igh Court has a!!epted through an emai" •
ynami! $orm o$ !yber !rime
peaking on the dynami! nature o$ !yber !rime (#* ire!tor Louis (reeh has said, ;*n short, even though we have markedy improved our !apabiities to 'ght !yber intrusions the probem is growing even $aster and we are $aing $urther behind"< The @de9!reativity o$ human mind !annot be !he!ked by any aw" Thus the ony way out is the ibera !onstru!tion whie appying the statutory provisions to !yber !rime !ases" •
-esitation to report o3en!es
As stated above one o$ the $ata drawba!ks o$ the A!t has been the !ases going unreported" Ine obvious reason is the non>!ooperative poi!e $or!e" ;The poi!e are a power$u $or!e today whi!h !an pay an instrumenta roe in preventing !yber!rime" At the same time, it !an aso end up wieding the rod and harassing inno!ents, preventing them $rom going about their norma !yber business"< (or !ompete reai8ation o$ the provisions o$ this A!t a !ooperative poi!e $or!e is re)uired" 14D Apart $rom these oophoes and probems the present $orm o$ poi!e system and many poi!e o&!ias are not $amiiar with the !yber !rimes and they need training to be $amiiar with the ;+odus operandi< o$ !yber !rimes though the e%isting reevant a!t is !omprehensive egisation but $rom the pra!ti!a point o$ view there are some short!omings in the errant $orm o$ the a!t" *t is the need o$ the hour that the e&!ien!y o$ poi!e system at a ranks shoud be upgraded in terms o$ !yber !rimes" The immora, etha minds o$ !riminas take advantages o$ ine&!ient poi!e system" #oth ben!h and #ar shoud reai8e the e%tent o$ !yber !rimes" They shoud $amiiari8e themseves with the intri!a!ies o$ !yber aw, otherwise they woud 'nd it e%tremey di&!ut to dea with !yber !rime !ases"
CYBERCRI MECASESI NI NDI A
•
+une *itibank M!hasis *all *enter 6raud
*t is a !ase o$ sour!ing engineering" B U F, G0,000 $rom City bank a!!ounts o$ $our B !ustomers were dishonesty trans$erred to bogus a!!ounts in ?une, through internet" ome empoyees o$ a !a !entre gained the !on'den!e o$ the B !ustomers and obtained their ?*/ numbers under the guise o$ heping the !ustomers out o$ di&!ut situations"" Later they used these numbers to !ommit $raud" #y Apri 200G, the *ndian poi!e had tipped o3 to the s!am by a B"" bank, and )ui!ky identi'ed the individuas invoved in the s!am" Arrests were made when those individuas attempted to withdraw !ash $rom the $asi'ed a!!ounts, U42,000 was stoenR the amount re!overed was U2F0,000" Court hed that e!tion 4F@a9 was appi!abe here due to the nature o$ unauthori8ed a!!ess invoved to !ommit transa!tions" •
State of amil Nadu s Suhas Catti
The !ase reated to posting o$ obs!ene, de$amatory and annoying message about a divor!ee woman in the yahoo message group" 6> +ais were aso $orwarded to the vi!tim $or in$ormation by the a!!used through a $ase e>mai a!!ount opened by him in the name o$ the vi!tim" The posting o$ the message resuted in annoying phone !as to the ady in the beie$ that she was soi!iting" #ased on a !ompaint made by the vi!tim in (ebruary 2004, the ?oi!e tra!ed the a!!used to +umbai and arrested him within the ne%t $ew days" This is !onsidered as the 'rst !ase in the state o$ Tami /adu, in whi!h the o3ender was !onvi!ted under se!tion 7 o$ *n$ormation Te!hnoogy A!t 2000 in *ndia" •
he Bank NS+ *ase
The #ank /? !ase is the one where a management trainee o$ the bank was engaged to be married" The !oupe e%!hanged many emais using the !ompany !omputers" A$ter some time the two broke up and the gir !reated $rauduent emai ids su!h as ;*ndian bar asso!iations< and sent emais to the boys $oreign !ients" he used the banks !omputer to do this" The boys !ompany ost a arge number o$ !ients and took the bank to !ourt" The bank was hed iabe $or the emais sent using the banks system" •
SM* +neumatics DIndia; +t( Ltd( ( 8o$esh Cwatra
*n this !ase, the de$endant Qogesh Ewatra being an empoyee o$ the painti3 !ompany started sending derogatory, de$amatory, obs!ene, vugar, 'thy and abusive emais to his empoyers as aso to di3erent subsidiaries o$ the said !ompany a over the word with
the aim to de$ame the !ompany and its +anaging ire!tor" The ehi -igh Court restrained the de$endant $rom sending derogatory, de$amatory, obs!ene, vugar, humiiating and abusive emais either to the painti3s or to its sister subsidiaries a over the word in!uding their +anaging ire!tors and their aes and +arketing departments" (urther, -onbe Qudge aso restrained the de$endant $rom pubishing, transmitting or !ausing to be pubished any in$ormation in the a!tua word as aso in !yberspa!e whi!h is derogatory or de$amatory or abusive o$ the painti3s" This order o$ ehi -igh Court assumes tremendous signi'!an!e as this is $or the 'rst time that an *ndian Court assumes 5urisdi!tion in a matter !on!erning !yber de$amation and grants an in5un!tion restraining the de$endant $rom de$aming the painti3s by sending de$amatory emais" •
Sony(Sambandh(*om *ase
A !ompaint was 'ed by ony *ndia ?rivate Ltd, whi!h runs a website !aed www"sonysambandh"!om, targeting /on Mesident *ndians" *n +ay 2002, someone ogged onto the website under the identity o$ #arbara Campa and ordered a ony Coour Teevision set and a !ordess head phone" he gave her !redit !ard number $or payment and re)uested that the produ!ts be deivered to Ari$ A8im in /oida" A$ter one and a ha$ months the !redit !ard agen!y in$ormed the !ompany that this was an unauthori8ed transa!tion as the rea owner had denied having made the pur!hase" The !ompany odged a !ompaint $or onine !heating at the Centra #ureau o$ *nvestigation" The !ourt !onvi!ted Ari$ A8im $or !heating under e!tion 41, 41P and 420 o$ the *ndian ?ena Code" This was the 'rst time that a !yber !rime has been !onvi!ted" The 5udgment is o$ immense signi'!an!e $or the entire nation" #esides being the 'rst !onvi!tion in a !yber !rime matter, it has shown that the *ndian ?ena Code !an be e3e!tivey appied to !ertain !ategories o$ !yber !rimes whi!h are not !overed under the *n$ormation Te!hnoogy A!t 2000" •
Nasscom ( thers
The painti3 in this !ase was the /ationa Asso!iation o$ o$tware and ervi!e Companies @/ass!om9, *ndias premier so$tware asso!iation" The de$endants were operating a pa!ement agen!y invoved in head>hunting and re!ruitment" *n order to obtain persona data, whi!h they !oud use $or purposes o$ head>hunting, the de$endants !omposed and sent e>mais to third parties in the name o$ /ass!om" The -igh !ourt re!ognised the trademark rights o$ the painti3 and passed an in5un!tion restraining the de$endants $rom using the trade name or any other name de!eptivey simiar to /ass!om" A!!ording to the terms o$ !ompromise, the de$endants agreed to pay a sum o$ Ms1" miion to the painti3 as damages $or
vioation o$ the painti3s trademark rights" The ehi -C stated that even though there is no spe!i'! egisation in *ndia to penai8e phishing, it hed phishing to be an iega a!t by de'ning it under *ndian aw as ;a misrepresentation made in the !ourse o$ trade eading to !on$usion as to the sour!e and origin o$ the e>mai !ausing immense harm not ony misused"< The !ourt hed that, to the !onsumer but even to the person whose name, identity or password is a!t o$ phishing as passing o3 and tarnishing the painti3s image" This !ase a!hieves !ear miestones: *t brings the a!t o$ ;phishing< into the ambit o$ *ndia aws even in the absen!e o$ spe!i'! egisationR *t !ears the mis!on!eption that there is no< damages !uture< in *ndia $or vioation o$ *? rights" •
Ba1ee(com case
In P e!ember 2004 a news item appeared with the -eadine ;? se% video at baa8ee"!om<" The news item stated: ;*ndias biggest onine trading porta baa8ee"!om had isted the said ++ !ip under the tite J? girs having $un with the member * o$ 277740" C6I o$ the website #aa8ee"!om was summoned by the ehi -igh Court $or having aowed this !ip to be isted $or au!tion under se!tions 7 and G o$ the *T A!t, 2000" hie e!tion 7 prohibits pubishing obs!ene in$ormation in ee!troni! $orm, e!tion G aows the prose!ution o$ a person responsibe $or the business o$ a !ompany over vioations" This in!ident !aused a sudden pani! a!ross the !ountry and many dis!ussions regarding the ine&!ien!y o$ the *T A!t, 2000 and the need to amend it started" Aso, a$ter this s!anda, owing to debates around !upabiity, iabiity and prose!ution o$ materia on the internet, severa key 5udgments were passed in!uding banning the use o$ mobie phones in !oege and s!hoo !ampuses a!ross *ndia" •
+NB, +une case
*n the argest !ompensation awarded in ega ad5udi!ation o$ a !yber !rime dispute, +aharashtras *T se!retary Ma5esh Aggarwa has ordered ?un5ab /ationa #ank to pay Ms 4G akh to +anmohan ingh +atharu, + o$ ?une>based 'rm ?oona Auto An!iaries" A $raudster had trans$erred Ms 0"10 akh $rom +atharus a!!ount in ?/#, ?une a$ter +atharu responded to a phishing emai" +atharu has been asked to share the iabiity sin!e he responded to the phishing mai" +atharus is one o$ 1F e>$raud !ases, a originating in +aharashtra and with an imprint a!ross si% states, in whi!h the states *T se!retary, serving as an ad5udi!ating o&!er under the *T A!t 2000, ast month passed !riti!a orders against nine banks, $our tee!om 'rms and two mobie re!harge portas" These !ases !over e>$raud !ommitted through iega data a!!ess, ha!king bank a!!ounts,
!oning !redit !ards, issuing dupi!ate *+ !ards and phishing, among others" •
Syed rs( s( he State of
*n this !ase, Tata *ndi!om empoyees manipuated the ee!troni! F2> bit number @6/9 programmed into !e phones the$t were e%!usivey $ran!hised to Meian!e *n$o!omm" Court hed that tampering with sour!e !ode invokes e!tion G o$ the *n$ormation Te!hnoogy A!t" •
Bomb #oaF mail
*n 200P, a 1G>year>od #angaore teenager was arrested by the !yber !rime investigation !e @CC*C9 o$ the !ity !rime bran!h $or aegedy sending a hoa% e> mai to a private news !hanne" *n the e> mai, he !aimed to have panted 've bombs in +umbai, !haenging the poi!e to 'nd them be$ore it was too ate" The +umbai poi!e have registered a !ase o$ J!yber terrorismVthe 'rst in the state sin!e an amendment to the *n$ormation Te!hnoogy A!tVwhere a threat emai was sent to the #6 and /6 on +onday" The +MA +arg poi!e and the Cyber Crime *nvestigation Ce are 5ointy probing the !ase" The suspe!t has been detained in this !ase" The +MA +arg poi!e have registered $orgery $or purpose o$ !heating, !rimina intimidation !ases under the *?C and a !yber> terrorism !ase under the *T A!t"
COMPARATI VESTUDY As against the aone egisation *TA and *TAA in *ndia, in many other nations gobay, there are many egisations governing e>!ommer!e and !yber !rimes going into a the $a!ets o$ !yber !rimes" ata Communi!ation, storage, !hid pornography, ee!troni! re!ords and data priva!y have a been addressed in separate A!ts and Mues giving thrust in the parti!uar area $o!used in the A!t" @nited States of
BA have the -eath *nsuran!e ?ortabiity and A!!ountabiity A!t popuary known as -*?AA whi!h inter aia, reguates a heath and insuran!e reated re!ords, their upkeep and maintenan!e and the issues o$ priva!y and !on'dentiaity invoved in su!h re!ords"The arbanes>I%ey A!t @IW9 signed into aw in 2002 mandated a number o$ re$orms to enhan!e !orporate responsibiity, enhan!e 'nan!ia dis!osures, and !ombat !orporate and a!!ounting $raud"
#esides, there are a number o$ aws in the B both at the $edera eve and at di3erent states eve ike the Cabe Communi!ations ?oi!y A!t, Chidrens *nternet ?rote!tion A!t, and Chidrens Inine ?riva!y ?rote!tion A!t et!" @nited Cin$dom
*n the BE, the ata ?rote!tion A!t and the ?riva!y and 6e!troni! Communi!ations Meguations et! are a reguatory egisations aready e%isting in the area o$ in$ormation se!urity and !yber !rime prevention, besides !yber !rime aw passed re!enty in August 2011" imiar to these !ountries we aso have !yber !rime egisations and other rues and reguations in other nations ike Austraia, /ew Xeaand, China et!" INER+>L’S R>LE:"
*/T6M?ILs !yber!rime programme is buit around training and operations and works to keep up with emerging threats" *t aims to: Y ?romote the e%!hange o$ in$ormation among member !ountries through regiona working parties and !on$eren!esR Y eiver training !ourses to buid and maintain pro$essiona standardsR Y
Coordinate and assist internationa operationsR
Y 6stabish a goba ist o$ !onta!t o&!ers avaiabe around the !o!k $or !yber!rime investigations @the ist !ontained 1F4 !onta!ts at the end o$ 20129R Y Assist member !ountries in the event o$ !yber>atta!ks or !yber!rime investigations through investigative and database servi!esR Y eveop strategi! partnerships organi8ations and private se!tor bodiesR
with
other
internationa
Y *denti$y emerging threats and share this inteigen!e with member !ountriesR Y ?rovide a se!ure web porta $or a!!essing operationa in$ormation and do!uments" Cyber !rimes !ases in other Countries
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7orm
JComputer and (raud A!t, 1P was the Mobert Tappan +orris we Enown as (irst -a!ker" -is worm was un!ontroabe due to whi!h around 000 !omputer ma!hines were destroyed and many !omputers were shut down unti they had !ompetey ma$un!tioned" -e was utimatey senten!ed to three years probation, 400 hours o$ !ommunity servi!e and assessed a 'ne o$ U10G00" •
#acker
Cai$ornia, in the year 1PF, made a short programme as an e%periment that !oud ;in$e!t< !omputers, make !opies o$ it, and spread $rom one ma!hine to another" A pro$essor o$ his suggested the name ;virus<" /ow that student runs a !omputer se!urity 'rm" •
Internet #acker: ang Zun, aias ;paygir<, was arrested
making the 'rst ever arrest o$ an internet ha!ker in China" -e was a 1P year od !omputing student, arrested in !onne!tion with the aeged posting o$ pornographi! materia on the homepages o$ severa government>run web sites"
CONCLUSI ON Cyber !rime is a new $orm o$ !rime that has emerged due to !omputeri8ation o$ various a!tivities in an organi8ation in a networked environment" ith the rapid growth o$ in$ormation te!hnoogy !yber !rimes are a growing threat" Te!hnoogy has a negative aspe!t as it $a!iitates !ommer!ia a!tivity" Irdinariy the aw keeps pa!e with the !hanges in te!hnoogy but the pa!e o$ te!hnoogi!a deveopments in the re!ent past, espe!iay in the 'ed o$ in$ormation and te!hnoogy is impossibe to keep pa!e with ega system" An important !on!ern reates to moderni8ing pena aws o$ many !ountries whi!h predate the advent o$ !omputers" In the one hand, the e%isting aws have to be !hange to !ope with the !omputer reated $raud su!h as ha!king, mai!ious $asi'!ation or erasure o$ data, so$tware the$t, so$tware atta!ks et!" and on the other, new egisation is aso ne!essary to ensure data prote!tion and pira!y" The need $or a aw on data prote!tion is paramount i$ *ndia is to sustain investor !on'den!e, espe!iay among $oreign entities that send arge amounts o$ data to *ndia $or ba!k>o&!e operations" ata prote!tion is essentia $or outsour!ing arrangements that entrust an *ndian !ompany with a $oreign !ompanys !on'dentia data or trade se!rets, andor !ustomers !on'dentia and persona data"
Aso in the above !hapters we have taked about the *ndian poi!e system $or !yber !rimes whi!h is sub5e!ted to the improvisation, and a new and !ear spe!i'! egisation whi!h !an 'ght easiy against the !yber !rimes" (urther the proposed initiatives and amendments by government to the *T a!t, whi!h are ikey to be impemented, soon wi be impemented as soon as possibe" The proposed amendments widen the iabiity $or brea!h o$ data prote!tion and negigen!e in handing sensitive persona in$ormation" Additionay, the =overnment o$ *ndia, with the hep o$ the epartment o$ *n$ormation Te!hnoogy, is !urrenty working on a hoisti! aw on data prote!tion based on the 6uropean Bnion dire!tive" (urther, the government pans to !reate a ;Common Criterion Lab,< ba!ked by the *n$ormation e!urity Te!hni!a eveopment Coun!i, where intensive resear!h in !ryptography and produ!t se!urity !an be undertaken" As ?revention is aways better than !ure, a smart internet user shoud take !ertain pre!autions whie operating the internet and shoud $oow !ertain preventive measures $or !yber !rimes, these measures !an be !onsidered as suggestions aso: •
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A person shoud never send his !redit !ard number to any site that is not se!ured, to guard against $rauds" Ine shoud avoid dis!osing any persona in$ormation to strangers via e>mai or whie !hatting" Ine must avoid sending any photograph to strangers by onine as misusing o$ photograph in!idents in!reasing day by day" *t is aways the parents who have to keep a wat!h on the sites that your !hidren are a!!essing, to prevent any kind o$ harassment or depravation in !hidren" eb site owners shoud wat!h tra&! and !he!k any irreguarity on the site" *t is the responsibiity o$ the web site owners to adopt some poi!y $or preventing !yber !rimes as number o$ internet users are growing day by day" tri!t statutory aws need to be passed by the Legisatures keeping in mind the interest o$ neti8ens @!yber!iti8en or an entity or person a!tivey invoved in onine !ommunities and a user o$ the *nternet9" eb servers running pubi! sites must be physi!ay separatey prote!ted $rom interna !orporate network" An update Anti>virus so$tware to guard against virus atta!ks shoud be used by a the neti8ens and shoud aso keep ba!k
up voumes so that one may not su3er data oss in !ase o$ virus !ontamination" •
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*t is better to use a se!urity program by the body !orporate to !ontro in$ormation on sites" *T department shoud pass !ertain guideines and noti'!ations $or the prote!tion o$ !omputer system and shoud aso bring out with some more stri!t aws to breakdown the !rimina a!tivities reating to !yberspa!e" As Cyber Crime is the ma5or threat to a the !ountries wordwide, !ertain steps shoud be taken at the internationa eve $or preventing the !yber!rime" pe!ia poi!e task $or!e whi!h is e%pert in te!hno 'ed wi be !onstituted" Compete 5usti!e must be provided to the vi!tims o$ !yber !rimes by way o$ !ompensatory remedy and o3enders to be punished with highest type o$ punishment so that it wi anti!ipate the !riminas o$ !yber !rime" 1GD
Edited By Parul Padhi
1D http:!yber!emumbai"gov"in a!!essed on 1 e! 201F 2D *n$ormation Te!hnoogy A!t, 2000A !omputer has muti$arious $un!tions and it is regarded as a superman" *t provides in$ormation as we as !ommuni!ation by means o$ internet" *t is the $astest mean $or input and output o$ transportation o$ in$ormations" *n o&!ia meaning, the term ;internet< is popuary known as ;word wide web< @www9 FD http:www"egaindia"in a!!essed on 1 e! 201F 4D http:!yber!emumbai"gov"in a!!essed on 1 e! 201F GD *bid D http:5urisonine"in a!!essed on 2nd e! 201F 7D http:www"mha"ni!"in a!!essed on 4th e! 201F D *bid P0 *bid 10D *bid
11D ?awan ugga, Is this treaty a treat? Avaiabe http:www"naavi"orgpatipati[!yber!rimes[de!0F"htm
at
12D *bid 1FD Eumar Ninod, inning the #atte against !yber Crimes avaiabe at http:www"!yberriskinsuran!e$orum"!om!ontentare>we>osing> batte>against>!yber>!rime 14D ewang +ehta, Moe o$ ?oi!e in Ta!king Cyber Crimes avaiabe at http:www"naavi"orgpatipati[!yber!rimes[de!0F"htm 1GD *bid
