My presentation isv conference 7th jan 2011

Victims of Cybercrimes ( Presented in the 3rd International ISV Conference 6-8th January 2011 Dr. Tabrez Ahmad Professor of Law www.technolexindia.com Dr. Tabrez Ahmad technolexindia.blogspot.com1

2 Dr. Tabrez Ahmad

Agenda1. Background of Cybercrimes2. The categories of cybercrimes3. Combating Cybercrimes4. Phishing5. Liability of ISPs and Govt.6. The prosecution in cybercrimes7. Admissibility of digital evidence in courts8. Possible defense by an accused in a computer related crime9. Criminological theories and cybercrimes10. Cyberforensics11. The possible reliefs to a cybercrime victim and strategy adoption 3 12. Tabrez Ahmad Dr. Future course of action

Digital Revolution Internet Infra in INDIA Internet INDIA Internet Infrastructure:2008.5 1Mil. Domains (0.5 Mil. “.in”) Bharti BSNL NIC 130+ IDCs 134 Major Mail Servers ISPs ERNET Reliance TATA Communications4.8 Mil. High DNSSpeed Internet Enterprise IT /65 Mil. Internet Govt. ITESUsers BPO Home248 Mil. Mobile AcademiaPhones8 Mil. Mobile Phones being addedper month `Tele Density 24 per 1000 personTargetted Broadband connection = 10 Mil. VOIP, IPTV 4(2010) Dr. Tabrez Ahmad 4

Background of CybercrimeReal-world & Virtual- world Current approaches evolved to deal with real-world crime Cybercrime occurs in a virtual-world and therefore presents different issues5 Dr. Tabrez Ahmad

Background of Cybercrime Cont… Real-world theft: Possession of property shifts completely from A to B, i.e., A had it now B has it Theft in Virtual-world (Cyber-theft): Property is copied, so A “has” it and so does B6 Dr. Tabrez Ahmad

Background of Cybercrime Cont…  Internet for Security USA ARPANET  Internet for Research  Internet for e-commerce UNCITRAL Model Law 1996  I.T Act 2000  Internet for e-governance  Internet regulation – serious matter after 9/11 attack on World Trade Centre  US Patriot Act  I.T Amendment Act 20087 Dr. Tabrez Ahmad

Categories of Cyber crimes Crime against Government Crime against property Crime against persons Dr. Tabrez Ahmad 8

Categories of Cybercrimes Cyber Stealing Contents Breach of Cyberte Flowing trespass Cyberlibel from Websites Privacy rrorism PornographTrespass yto person Trespass to Property Cookies, webcrawl Online Magic Viruses ing survellianc LanternTec Identit e hnique y Theft Cybersquating Phising Software Piracy Cybers talking Data Theft Spammin Breach of Confidential g Information- Wikileaks Hacking Dr. Tabrez Ahmad 9

What is India inc‘s biggest threat? Cyber crime is now a bigger threat to India Inc than physical crime. In a recent survey by IBM, a greater number of companies (44%) listed cyber crime as a bigger threat to their profitability than physical crime (31%). The cost of cyber crime stems primarily from loss of revenue, loss of market capitalisation, damage to the brand, and loss of customers, in that order. About 67% local Chief Information Officers (CIOs) who took part in the survey perceived cyber crimeas more costly, compared to the globalbenchmark of 50%.10 Dr. Tabrez Ahmad

Combating cyber crimes Legal framework-laws & enforcement Technological measures-Public key cryptography, Electronic signatures ,Firewalls, honey pots Cyber investigation- Computer forensics is the process of identifying, preserving, analyzing and presenting digital evidence in a manner that is legally acceptable in courts of law. These rules of evidence include admissibility (in courts), authenticity (relation to incident), completeness, reliability and believability. Dr. Tabrez Ahmad 11

Legal Framework-Laws & Enforcement Information Technology Act, 2000-came into force on 17 October 2000 Information Technology ( Amendment) Act, 2008-came into force on 27 October 2009 The Information Technology ( Use of Electronic Records and Digital Signatures) Rules, 2004 The Information Technology (Security Procedure) Rules, 2004 The Information Technology ( Procedure and Safeguards for Interception, Monitoring, and Decryption of Information ) Rules, 2009 The Information Technology ( Procedure and Safeguards, for Blocking for Access of Information by Public ), Rules, 2009 The Information Technology ( Procedure and Safeguards for Monitoringand Collecting Traffic Data orInformation ) Rules, 2009.12 Dr. Tabrez Ahmad

International initiatives Representatives from the 26 Council of Europe members, the United States, Canada, Japan and South Africa  Main objectives- in 2001 signed a convention on cybercrime in efforts to enhance  Create effective cyber international cooperation in combating crime laws computer-based crimes.  Handle jurisdiction issues The Convention on Cybercrime, drawn  Cooperate in international up by experts of the Council of Europe, is investigations designed to coordinate these countries  Develop acceptable policies and laws on penalties on crimes practices for search and in cyberspace, define the formula guaranteeing the efficient operation of seizure the criminal and judicial authorities, and  Establish effective establish an efficient mechanism for public/private sector international cooperation. interaction In 1997, The G-8 Ministers agreed to ten "Principles to Combat High-Tech Crime" and an "Action Plan to Combat High- Tech Crime."13 Dr. Tabrez Ahmad

Combating Cyber crime-Indian legal framework Information Technology Act, 2000-came into force on 17 October 2000 Extends to whole of India and also applies to any offence or contravention there under committed outside India by any person {section 1 (2)} read with Section 75- Act applies to offence or contravention committed outside India by any person irrespective of his nationality, if such act involves a computer, computer system or network located in India Section 2 (1) (a) –‖Access‖ means gaining entry into ,instructing or communicating with the logical, arithmetic or memory function resources of a computer, computer resource or network IT Act confers legal recognition to electronic records and digital signatures (section 4,5 of the IT Act,2000)14 Dr. Tabrez Ahmad

Cyber contravention The IT Act prescribes provisions for contraventions in Ch IX of the Act, particularly Sec. 43 of the Act, which covers unauthorised access, downloading, introduction of virus, denial of access and Internet time theft committed by any person. It prescribes punishment by way of damages not exceeding Rs 1 crore to the affected15 party. Ahmad Dr. Tabrez

Section 46 IT Act Section 46 of the IT Act states that an adjudicating officer shall be adjudging whether a person has committed a contravention of any of the provisions of the said Act, by holding an inquiry. Principles of audi alterum partum and natural justice are enshrined in the said section which stipulates that a reasonable opportunity of making a representation shall be granted to the concerned person who is alleged to have violated the provisions of the IT Act. The said Act stipulates that the inquiry will be carried out in the manner as prescribed by the Central Government All proceedings before him are deemed to be judicial proceedings, every Adjudicating Officer has all powers conferred on civil courts Appeal to cyber Appellate Tribunal- from decision of Controller, Adjudicating Officer {section 57 IT act}16 Dr. Tabrez Ahmad

Section 47, IT Act Section 47 of the Act lays down that while adjudging the quantum of compensation under this Act, the adjudicating officer shall have due regard to the following factors, namely- (a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to any person as a result of the default; (c) the repetitive nature of the default17 Dr. Tabrez Ahmad

 Chapter XI of the IT Act 2000 discusses the cyber crimes and offences inter alia, tampering with computer source documents (s 65), hacking (s 66), publishing of obscene information (s 67), unauthorised access to protected system (s 70), breach of confidentiality (s 72), publishing false digital signature certificate (s 73).18 Dr. Tabrez Ahmad

 Whereas cyber contraventions are ‗civil wrongs‘ for which compensation is payable by the defaulting party, ‗cyber offences‘ constitute cyber frauds and crimes which are criminal wrongs for which punishment of imprisonment and/or fine is prescribed by the Information Technology Act 2000.19 Dr. Tabrez Ahmad

Section 65: Source Code  Most important asset of software companies  ―Computer Source Code" means the listing of programmes, computer commands, design and layout  Ingredients  Knowledge or intention  Concealment, destruction, alteration  computer source code required to be kept or maintained by law  Punishment  imprisonment up to three years and / or  fine up to Rs. 2 lakh20 Dr. Tabrez Ahmad

Hacking  Section 66 of the IT Act 2000 deals with the offence of computer hacking.  In simple words, hacking is accessing of a computer system without the express or implied permission of the owner of that computer system.  Examples of hacking may include unauthorised input or alteration of input, destruction or misappropriation of output, misuse of programs or alteration of computer data.  Punishment for hacking is imprisonment upto 3years or fine which may extend to 2 lakh rupees or both21 Dr. Tabrez Ahmad

Publishing obscene information  Section 67 of the IT Act lays down punishment for the offence of publishing of obscene information in electronic form  Recently, the Supreme Court in Ajay Goswami v Union of India considered the issue of obscenity on Internet and held that restriction on freedom of speech on ground of curtailing obscenity amounts to reasonable restriction under art 19(2) of the Constitution. The court observed that the test of community mores and standards has become obsolete in the Internet age.  punishment on first conviction with imprisonment for a term which may extend to 5 years and with fine which may extend to 1 lakh rupees. In the event of second conviction or subsequent conviction imprisonment of description for a term which may extend to 10 years and fine which may extend to2 lakh rupees.22 Dr. Tabrez Ahmad

Phishing • Phishing is a type of deception designed to steal your valuable personal data, such as credit card numbers, passwords, account data, or other information. • Con artists might send millions of fraudulent e-mail messages that appear to come from Web sites you trust, like your bank or credit card company, and request that you provide personal information.23 Dr. Tabrez Ahmad

History of Phishing Phreaking + Fishing = Phishing - Phreaking = making phone calls for free back in 70‘s - Fishing = Use bait to lure the target Phishing in 1995 Target: AOL users Purpose: getting account passwords for free time Threat level: low Techniques: Similar names ( www.ao1.com for www.aol.com ), social engineering Phishing in 2001 Target: Ebayers and major banks Purpose: getting credit card numbers, accounts Threat level: medium Techniques: Same in 1995, keylogger Phishing in 2007 Target: Paypal, banks, ebay Purpose: bank accounts Threat level: high 24 Dr. Tabrez Ahmad Techniques: browser vulnerabilities, link obfuscation

Phishing: A Growing Problem • Over 28,000 unique phishing attacks reported in Dec. 2006, about double the number from 2005, Now so many millions in 2010. • Estimates suggest phishing affected 2 million US citizens and cost businesses billions of dollars in 2010 • Additional losses due to consumer fears25 Dr. Tabrez Ahmad

Phishing Scams• As scam artists become more sophisticated, so do theirphishing e-mail messages and pop-up windows.• They often include official-looking logos from realorganizations and other identifying information taken directlyfrom legitimate Web sites.•Socially aware attacks  Mine social relationships from public data  Phishing email appears to arrive from someone known to the victim  Use spoofed identity of trusted organization to gain trust  Urge victims to update or validate their account  Threaten to terminate the account if the victims not reply  Use gift or bonus as a bait  Security promises• Context-aware attacks ―Your bid on eBay has won!‖ ―The books on your Amazon wish list are on sale!‖26 Dr. Tabrez Ahmad

Another Example:27 Dr. Tabrez Ahmad

But wait… WHOIS 210.104.211.21: Location: Korea, Republic Of Even bigger problem: I don’t have an account with US Bank!28 Dr. Tabrez Ahmad Images from Anti-Phishing Working Group‘s Phishing Archive

Fraudulent E-mail Messages Here are a few phrases to look for if you think an e-mail message is a phishing scam. • "Verify your account." Businesses should not ask you to send passwords, login names, Social Security numbers, or other personal information through e-mail. If you receive an e-mail from anyone asking you to update your credit card information, do not respond: this is a phishing scam. • "If you dont respond within 48 hours, your account will be closed." These messages convey a sense of urgency so that youll respond immediately without thinking. Phishing e-mail might even claim that your response is required because your account might have been compromised.29 Dr. Tabrez Ahmad

Fraudulent E-mail Messages (cont‘d) • "Dear Valued Customer." Phishing e-mail messages are usually sent out in bulk and often do not contain your first or last name. • "Click the link below to gain access to your account." HTML- formatted messages can contain links or forms that you can fill out just as youd fill out a form on a Web site.  The links that you are urged to click may contain all or part of a real companys name and are usually "masked," meaning that the link you see does not take you to that address but somewhere different, usually a phony Web site.  • Notice in the following example that resting the mouse pointer on the link reveals the real Web address, as shown in the box with the yellow background. The string of cryptic numbers looks nothing like the companys Web address, which is a suspicious sign.30 Dr. Tabrez Ahmad

Fraudulent E-mail Messages (cont‘d) Con artists also use Uniform Resource Locators (URLs) that resemble the name of a well-known company but are slightly altered by adding, omitting, or transposing letters. For example, the URL "www.microsoft.com" could appear instead as:  www.micosoft.com   www.mircosoft.com   www.verify-microsoft.com31 Dr. Tabrez Ahmad

Fraudulent E-mail Messages (cont‘d) • Never respond to an email asking for personal information • Always check the site to see if it is secure. Call the phone number if necessary • Never click on the link on the email. Retype the address in a new window • Keep your browser updated • Keep antivirus definitions updated • Use a firewall32 Dr. Tabrez Ahmad

Install the Microsoft Phishing Filter Using Internet Explorer 7 or Windows Live Toolbar Phishing Filter (http://www.microsoft.com/athome/security/online/phishing _filter.mspx) helps protect you from Web fraud and the risks of personal data theft by warning or blocking you from reported phishing Web sites. • Install up-to-date antivirus and antispyware software. Some phishing e-mail contains malicious or unwanted software (like keyloggers) that can track your activities or simply slow your computer. • Numerous antivirus programs exist as well as comprehensive computer maintenance services like Norton Utilities. To help prevent spyware or other unwanted software, download Windows Defender.33 Dr. Tabrez Ahmad

The Information Technology (Amendment) Act,2008 has come into force on 27th October, 2009.  Almost Nine years and 10 days after the birth of cyber laws in India, the new improved cyber law regime in India has become a reality.  There are around 17 changes and out of that most of the changes relate to cyber crimes.34 Dr. Tabrez Ahmad

Some of the major modifications are: 1. A special liability has been imposed on call centers, BPOs, banks and others who hold or handle sensitive personal data. If they are negligent in "implementing and maintaining reasonable security practices and procedures", they will be liable to pay compensation. It may be recalled that Indias first major BPO related scam was the multi crore MphasiS-Citibank funds siphoning case in 2005. Under the new law, in such cases, the BPOs and call centers could also be made liable if they have not implemented proper security measures. 2. Compensation on cyber crimes like spreading viruses, copying data, unauthorised access, denial of service etc is not restricted to Rs 1 crore anymore. The Adjudicating Officers will have jurisdiction for cases where the claim is upto Rs. 5 crore. Above that the case will need to be filed before the civil courts.35 Dr. Tabrez Ahmad

 3.The offence of cyber terrorism has been specially included in the law. A cyber terrorist can be punished with life imprisonment.  4. Sending threatening emails and sms are punishable with jail upto 3 years.  5. Publishing sexually explicit acts in the electronic form is punishable with jail upto 3 years. This would apply to cases like the Delhi MMS scandal where a video of a young couple having sex was spread through cell phones around the country.36 Dr. Tabrez Ahmad

 6.Voyeurism is now specifically covered. Acts like hiding cameras in changing rooms, hotel rooms etc is punishable with jail upto 3 years. This would apply to cases like the infamous Pune spycam incident where a 58-year old man was arrested for installing spy cameras in his house to snoop on his young lady tenants.  7. Cyber crime cases can now be investigated by Inspector rank police officers. Earlier such offences could not be investigated by an officer below the rank of a deputy superintendent of police.  8. Collecting, browsing, downloading etc of child pornography is punishable with jail upto 5 years for the first conviction. For a subsequent conviction, the jail term can extend to 7 years. A fine of upto Rs 10 lakh can also be levied.37 Dr. Tabrez Ahmad

 9. The punishment for spreading obscene material by email, websites, sms has been reduced from 5 years jail to 3 years jail. This covers acts like sending dirty jokes and pictures by email or sms.  10. Refusing to hand over passwords to an authorized official could land a person in prison for upto 7 years.  11. Hacking into a Government computer or website, or even trying to do so in punishable with imprisonment upto 10 years.  12. Rules pertaining to section 52 (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and Members),38 Dr. Tabrez Ahmad

 13. Rules pertaining to section 69 (Procedure and Safeguards for Interception, Monitoring and Decryption of Information),  14. Rules pertaining to section 69A (Procedure and Safeguards for Blocking for Access of Information by Public),  15. Rules pertaining to section 69B (Procedure and safeguard for Monitoring and Collecting Traffic Data or Information) and  16. Notification under section 70B for appointment of the Indian Computer Emergency Response Team.  17. Rules Rules pertaining to section 54 (Procedure for Investigation of Misbehaviour or Incapacity of Chairperson and Members),39 Dr. Tabrez Ahmad

Computer Related Crimes under IPC and Special LawsSending threatening messages by email Sec 503 IPCSending defamatory messages by email Sec 499, 500 IPCForgery of electronic records Sec 463, 470, 471 IPCBogus websites, cyber frauds Sec 420 IPCEmail spoofing Sec 416, 417, 463 IPCOnline sale of Drugs NDPS ActWeb -Jacking Sec. 383 IPCOnline sale of Arms Arms Act40 Dr. Tabrez Ahmad 40

Special and General statutes applicable tocybercrimes While the IT Act 2000, provides for the specific offences it has to be read with the Indian Penal Code 1860 (IPC) and the Code of Criminal Procedure 1973 (Cr PC) IT Act is a special law, most IT experts are of common consensus that it does not cover or deal specifically with every kind of cyber crime for instance, for defamatory emails reliance is placed on Sec. 500 of IPC, for threatening e-mails, provisions of IPC applicable thereto are criminal intimidation (ch XXII), extortion (ch XVII), for e-mail spoofing, provisions of IPC relating to frauds, cheating by personation (ch XVII) and forgery (ch XVIII) are attracted.41 Dr. Tabrez Ahmad

 Likewise, criminal breach of trust and fraud (SS 405, 406, 408, 409) of the IPC are applicable and for false electronic evidence, Sec. 193 of IPC applies.  For cognisability and bailability, reliance is placed on Code of Criminal Procedure which also lays down the specific provisions relating to powers of police to investigate.42 Dr. Tabrez Ahmad

Liability of ISPs and Govt. GOVERNMENT –NSP??  Governments Providing Services On The Network  Governments Are Intermediaries. Sec 79 IT Act.  Under The It Act, 2000, All Governments, Central And State, All Governmental Bodies Are ―Network Service Providers‖43 Dr. Tabrez Ahmad

Liability of ISPs and Govt. Section 79 of I T Act 200  For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made there under for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention.44 Dr. Tabrez Ahmad

Liability of ISPs and Govt. (Contd.) Network Service Providers: When Not Liable  Explanation.—For the purposes of this section, — (a) "network service provider" means an intermediary; (b) "third party information" means any information dealt with by a network service provider in his capacity as an intermediary.45 Dr. Tabrez Ahmad

Liability of ISPs and Govt.TRANSPARENCY Need For Transparent E-governance Right To Information Act Government Would Now Not Be Able To Hide Records Concerning E-governance46 Dr. Tabrez Ahmad

Government Initiative • The Cyber Crime Investigation cell (CCIC) of the CBI, notified in September 1999, started functioning from 3 March 2000. • It is located in New Delhi, Mumbai, Chennai and Bangalore. • Jurisdiction of the cell is all over India. • Any incident of the cyber crime can be reported to a police station, irrespective of whether it maintains a separate cell or not.47 Dr. Tabrez Ahmad

The Indian Computer Emergency Response Team (CERT-In)  IT Amendment ACT 2008. ―70A. (1) The Indian Computer Emergency Response Team (CERT-In) shall serve as the national nodal agency in respect of Critical Information Infrastructure for coordinating all actions relating to information security practices, procedures, guidelines, incident prevention, response and report. (2) For the purposes of sub-section (1), the Director of the Indian Computer Emergency Response Team may call for information pertaining to cyber security from the service providers, intermediaries or any other person.48 Dr. Tabrez Ahmad

Amendments- Indian Evidence Act 1872 Section 3 of the Evidence Act amended to take care of admissibility of ER as evidence along with the paper based records as part of the documents which can be produced before the court for inspection. Section 4 of IT Act confers legal recognition to electronic records Dr. Tabrez Ahmad 49

AUTHENTICATION OF ELECTRONIC RECORDS  Any subscriber may authenticate an electronic record  Authentication by affixing his digital signature.  Any person by the use of a public key of the subscriber can verify the electronic record50 Dr. Tabrez Ahmad

LEGALITY OF ELECTRONICSIGNATURES  Legal recognition of digital signatures.  Certifying Authorities for Digital Signatures.  Scheme for Regulation of Certifying Authorities for Digital Signatures51 Dr. Tabrez Ahmad

CONTROLLER OF CERTIFYINGAUTHORITIES Shall exercise supervision over the activities of Certifying Authorities Lay down standards and conditions governing Certifying Authorities Specify various forms and content of Digital Signature Certificates52 Dr. Tabrez Ahmad

DIGITAL SIGNATURES & ELECTRONICRECORDS  Use of Electronic Records and Electronic Signatures in Government Agencies.  Publications of rules and regulations in the Electronic Gazette.  MCA –21 Project- Usage of Digital Signatures53 Dr. Tabrez Ahmad

Presumptions in law- Section 85 B Indian Evidence Act  The law also presumes that in any proceedings, involving secure digital signature, the court shall presume, unless the contrary is proved, that the secure digital signature is affixed by the subscriber with the intention of signing or approving the electronic record  In any proceedings involving a secure electronic record, the court shall presume, unless contrary is proved, that the secure electronic record has not been altered since the specific point of time, to which the secure status relates54 Dr. Tabrez Ahmad

Presumption as to electronic messages-Section 88A of Evidence Act  The court may treat electronic messages received as if they were sent by the originator, with the exception that a presumption is not to be made as to the person by whom such message was sent.  It must be proved that the message has been forwarded from the electronic mail server to the person ( addressee ) to whom such message purports to have been addressed  An electronic message is primary evidence of the fact that the same was delivered to the addressee on date and time indicated.55 Dr. Tabrez Ahmad

IT Amendment Act 2008-Section 79A  Section 79A empowers the Central govt to appoint any department, body or agency as examiner of electronic evidence for proving expert opinion on electronic form evidence before any court or authority.  Till now, government forensic lab of hyderabad was considered of evidentiary value in courts- CFSIL  Statutory status to an agency as per Section 79A will be of vital importance in criminal prosecution of cybercrime cases in India56 Dr. Tabrez Ahmad

Sec. 69, 69 A, 69 B Decryption of information  Ingredients  Controller issues order to Government agency to intercept any information transmitted through any computer resource.  Order is issued in the interest of the  sovereignty or integrity of India,  the security of the State,  friendly relations with foreign States,  public order or  preventing incitement for commission of a cognizable offence  Person in charge of the computer resource fails to extend all facilities and technical assistance to decrypt the information-punishment upto 7 years.57 Dr. Tabrez Ahmad

Sec 70 Protected System  Ingredients  Securing unauthorised access or attempting to secure unauthorised access  to ‗protected system‘  Acts covered by this section:  Switching computer on / off  Using installed software / hardware  Installing software / hardware  Port scanning  Punishment  Imprisonment up to 10 years and fine  Cognizable, Non-Bailable, Court of Sessions58 Dr. Tabrez Ahmad

Criminological Theories & Cyber Crime Space Transition Theory Routine Activity Theory Displacement Theory Opportunity Theory59 Dr. Tabrez Ahmad

Space Transition Theory 1)Persons with repressed criminal behavior (in the physical space) have a propensity to commit crime in cyberspace, which otherwise they would not commit in physical space, due to their status and position.  Concern for status in physical space does not transition to cyber space.  Behavior repressed in physical space are not in cyber space.60 Dr. Tabrez Ahmad

Space Transition Theory 2) Identity flexibility, dissociative anonymity, and lack of deterrence factor in the cyberspace provides the offenders the choice to commit cyber crime.  Disinhibiting effect allows individuals:  Open honesty about personal issues  To act out on unpleasant needs  Deinidividualization - inner restraints are lost when individuals not seen as individuals  Leads to behavior that is  Less altruistic  More selfish  More aggressive61 Dr. Tabrez Ahmad

Space Transition Theory 2) Identity flexibility, dissociative anonymity, and lack of deterrence factor in the cyberspace provides the offenders the choice to commit cyber crime.  Deterrence factor changes  Attacks can be made from a remote location  Crime reslts not immediately apparent62 Dr. Tabrez Ahmad

Space Transition Theory 3) Criminal behavior of offenders in cyberspace is likely to be imported to physical space which, in physical space maybe exported to cyberspace as well.  Cyber crime has moved from the single individual acting for fame to professional criminals  Huge financial gain with little risk  Growth of e-commerce attracts criminals to the net63 Dr. Tabrez Ahmad

Space Transition Theory 4) Intermittent venture of offenders in to the cyberspace and the dynamic spatiotemporal nature of cyberspace provide the chance to escape  Cyber space is transient  Cyber space is dynamic  Cyber crimes have do not have spatial - temporal restrictions of traditional crimes64 Dr. Tabrez Ahmad

Space Transition Theory 5) (a)Strangers are likely too unite together in cyberspace to commit crime in the physical space; (b) Associates of physical space are likely to unite to commit crime in cyberspace.  Cyberspace allows for recruitment and dissemination  Cyberspace is:  Unmoderated  Easy to access  Cyberspace can pose an insider threat  Spy / mole  Disgruntled employee65 Dr. Tabrez Ahmad

Space Transition Theory 6) Persons from closed society are more likely to commit crimes in cyberspace than persons from open society.  Open society allows individuals to voice opinions & vent feelings.  Cyberspace allows individuals from closed societies to express anger & frustrations through hate messages, web page vandalism, up to cyber terrorism attacks66 Dr. Tabrez Ahmad

Space Transition Theory 7) The conflict of norms and values of physical space with the norms and values of cyberspace may lead to cyber crimes.  Cyberspace is international  Societal differences between individuals may lead to cyber crime  Conflicts between nations carry over into cyberspace67 Dr. Tabrez Ahmad

Routine Activity Theory  Routine activities in conventional societies provide opportunities for perpetrator to commit crime  Three things must be present for crime to occur:  Suitable target is available  Motivated offender is present  Lack of a suitable guardian to prevent crime from occurring  Assessment of situation determines whether or not a crime takes place.68 Dr. Tabrez Ahmad

Routine Activity Theory  A suitable target can be:  A person  An object  A place  Target comes to the attention of a person searching for a criminal opportunity  Targets behavior may place target in contact with perpetrator  No significant deterring mechanism is present69 Dr. Tabrez Ahmad

Routine Activity Theory  Motivated Perpetrator  Predatory crime is a method for the perpetrator to secure basic needs of desires  Actions of perpetrator are intentional and illegal70 Dr. Tabrez Ahmad

Routine Activity Theory  A capable guardian  Police patrol, Security guards  Neighbors, neighborhood watch, dogs  Locks, fences, CCTV systems  Passwords, tokens, biometric measures  Guardians can be formal or informal  Guardians can be human or machine  Guardians MUST be capable of acting as a deterrent71 Dr. Tabrez Ahmad

Opportunity Theory  Opportunity to commit a crime is a root cause of crime  No crime can occur without the physical opportunity  Opportunity plays a role in all crimes, not just those involving physical property  Reducing opportunity reduces crime72 Dr. Tabrez Ahmad

Displacement Theory  Reductions in opportunity will not reduce crime because crime will be displaced to another location  Opportunity is so compelling that removing perpetrators will not reduce crime because other perpetrators will step in  Research on displacement theory has shown crime is not always displaced73 Dr. Tabrez Ahmad

Routine Activity Theory & the Internet  Opportunity to commit crime is multiplied  Target and perpetrator are much more likely to come in contact with each other  Victim has to keep returning to scene of the crime  Deterrence comes shifting either events or circumstances  Neither are easily altered74 Dr. Tabrez Ahmad

Routine Activity Theory & the Internet  Cybercrime has more to do with the effectiveness of indirect guardianship  Internet is open & unmoderated  Mechanisms of the Internet designed to transfer data, not to examine the data  Internet guardianships are all mechanical  Reactive, respond to some action - IDS  Cannot respond to new, previously untried activity75 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Allows for temporary neutralization of values, beliefs, and attitudes so illegal behaviors can be performed.  Justification of an act requires the need to assert its positive values  Used by different types of deviants76 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Denial of Injury  No harm or insignificant harm done to victim  No physical information stolen, information in an electronic form  Belief that downloading is copying not stealing  As long as no one knows their information is being perused, no harm is done77 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Denial of Victim  Victim is deserving of punishment  Four categories of victims  Close enemies who have harmed offender directly  People who do not conform to normative social roles  Groups with tribal stigmas  Remote enemies who hold positions perceived as questionable or corrupt  Offender may assume role of ―avenger‖ or ―crusader for justice‖  May justify actions as revenge78 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Condemnation of the Condemners  Divert attention from offenders actions to the motives and behaviors of those condemning offender‘s actions  Mistrust of authority  Promote decentralization  Price charged by software companies too high and unfair  Victim failed to protect their computer system79 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Appeal to higher loyalties  Offender doesn‘t deny damage, act was done to protect higher loyalties  Loyalty to group  Responsibility to family or spouse  Employer (Corporate crimes)  Claim actions were done to acquire knowledge80 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Self-fulfillment  Illegal activity done for  Fun  Excitement or thrill  Computer virtuosity  Offender achieves feelings of superiority & control  Voyeurism  Demonstration of ability81 Dr. Tabrez Ahmad

Hacker Neutralization Techniques  Hackers do not use all neutralization techniques  Denial of responsibility  Sad story  Both external forms of neutralization  Only use techniques based on internal neutralization  Hackers take pride in what they do  Hackers feel in shame or guilt82 Dr. Tabrez Ahmad

Computer Hackers & Social Organization  Mutual Association  Clear interpersonal relationship  No strong or deep interpersonal relationships on or off line  Social connections relatively shallow  Multiple identities and multiple forum use may limit ability to form interpersonal connections  Utilize social networks to exchange knowledge and information83 Dr. Tabrez Ahmad

Computer Hackers & Social Organization  Mutual Participation  Groups are stratified rather than centrally controlled  Participation in groups did not lead to group attacks  Many do not want an group affiliation84 Dr. Tabrez Ahmad

Computer Hackers & Social Organization  Division of labor  Some specialization in group forums does exist  Stratification & division of labor  Small group of moderators  Larger group of users exchanging knowledge & information  Loose set of rules  Give respect, get respect  No flaming  Large population of users enforcing the rules85 Dr. Tabrez Ahmad

Computer Hackers & Social Organization  Extended duration  No group with extended history  Relationships appear transitory  Relationships within forums weak & short-lived86 Dr. Tabrez Ahmad

Incident Response – a precursor to Techniques of Cyber investigation & forensic tools  ‗Incident response‘ could be defined as a precise set of actions to handle any security incident in a responsible ,meaningful and timely manner.  Goals of incident response-  To confirm whether an incident has occurred  To promote accumulation of accurate information  Educate senior management  Help in detection/prevention of such incidents in the future,  To provide rapid detection and containment  Minimize disruption to business and network operations  To facilitate for criminal action against perpetrators87 Dr. Tabrez Ahmad

Handling of Evidences by Cyber Analysts Collect, Analyze Identify Observe and Verify & Organize Preserve Four major tasks for working with digital evidence Identify: Any digital information or artifacts that can be used as evidence. Collect, observe and preserve the evidence Analyze, identify and organize the evidence. Rebuild the evidence or repeat a situation to verify the same results every time. Checking the hash value.88 Dr. Tabrez Ahmad

Techniques of cyber investigation- Cyber forensics Computer forensics, also called cyber forensics, is the application of computer investigation and analysis techniques to gather evidence suitable for presentation in a court of law. The goal of computer forensics is to perform a structured investigation while maintaining a documented chain of evidence to find out exactly what happened on a computer and who was responsible for it.89 Dr. Tabrez Ahmad

Computer Forensic Tools Forensic Tool Kit: FTK is developed by Access Data Corporation (USA); it enables law enforcement and corporate security professionals to perform complete and in-depth computer forensic analysis.90 Dr. Tabrez Ahmad Main Window of FTK

TYPICAL TOOLS  EMAIL TRACER  TRUEBACK  CYBERCHECK  MANUAL91 Dr. Tabrez Ahmad

Current and Emerging Cyber Forensic Tools of Law Enforcement92 Dr. Tabrez Ahmad

Land Mark Cases  9/11 Attack on WTC  Afzal Guru Parliament attack Case  Mumbai Attack on Tajmahal etc.  Firos vs. State of Kerala  Syyed Asifuddin Case  Bazee Case  State of Tamilnadu v. Suhas Katti  Balasore ATM Fraud, 201093 Dr. Tabrez Ahmad

Case Study (contd.)  The crime was obviously committed using "Unauthorized Access" to the "Electronic Account Space" of the customers. It is therefore firmly within the domain of "Cyber Crimes".  ITA-2000 is versatile enough to accommodate the aspects of crime not covered by ITA-2000 but covered by other statutes since any IPC offence committed with the use of "Electronic Documents" can be considered as a crime with the use of a "Written Documents". "Cheating", "Conspiracy", "Breach of Trust" etc are therefore applicable in the above case in addition to section in ITA- 2000.  Under ITA-2000 the offence is recognized both under Section 66 and Section 43. Accordingly, the persons involved are liable for imprisonment and fine as well as a liability to pay damage to the victims to the maximum extent of Rs 1 crore per victim for which the "Adjudication Process" can be invoked.94 Dr. Tabrez Ahmad

Case Study (contd.) The BPO is liable for lack of security that enabled the commission of the fraud as well as because of the vicarious responsibility for the ex- employees involvement. The process of getting the PIN number was during the tenure of the persons as "Employees" and hence the organization is responsible for the crime. Some of the persons who have assisted others in the commission of the crime even though they may not be directly involved as beneficiaries will also be liable under Section 43 of ITA-2000. Under Section 79 and Section 85 of ITA-2000, vicarious responsibilities are indicated both for the BPO and the Bank on the grounds of "Lack of Due Diligence". At the same time, if the crime is investigated in India under ITA- 2000, then the fact that the Bank was not using digital signatures for authenticating the customer instructions is a matter which would amount to gross negligence on the part of the Bank. (However, in this particular case since the victims appear to be US Citizens and the Bank itself is US based, the crime may come under the jurisdiction of the US courts and not Indian Courts).95 Dr. Tabrez Ahmad

Baazee case96 Dr. Tabrez Ahmad

Baazee case  Obscene MMS clipping listed for sale on 27th November, 2004 - ―DPS Girl having fun".  Some copies sold through Baazee.com  Avnish Bajaj (CEO) arrested and his bail application was rejected by the trial court.97 Dr. Tabrez Ahmad

Points of the prosecution  The accused did not stop payment through banking channels after learning of the illegal nature of the transaction.  The item description "DPS Girl having fun" should have raised an alarm.98 Dr. Tabrez Ahmad

Points of the defence  Section 67 relates to publication of obscene material and not transmission.  Remedial steps were taken within 38 hours, since the intervening period was a weekend.99 Dr. Tabrez Ahmad

Findings of the Court  It has not been established from the evidence that any publication took place by the accused, directly or indirectly.  The actual obscene recording/clip could not be viewed on the portal of Baazee.com.  The sale consideration was not routed through the accused.100 Dr. Tabrez Ahmad

Findings of the Court  Prima facie Baazee.com had endeavored to plug the loophole.  The accused had actively participated in the investigations.  The nature of the alleged offence is such that the evidence has already crystallized and may even be tamper proof.101 Dr. Tabrez Ahmad

Findings of the Court  Even though the accused is a foreign citizen, he is of Indian origin with family roots in India.  The evidence indicates  only that the obscene material may have been unwittingly offered for sale on the website.  the heinous nature of the alleged crime may be attributable to some other person.102 Dr. Tabrez Ahmad

Court order  The court granted bail to Mr. Bajaj subject to furnishing two sureties of Rs. 1 lakh each.  The court ordered Mr. Bajaj to  surrender his passport  not to leave India without Court permission  to participate and assist in the investigation.103 Dr. Tabrez Ahmad

Case of- BPO Data Theft  The recently reported case of a Bank Fraud in Pune in which some ex employees of BPO arm of MPhasis Ltd MsourcE, defrauded US Customers of Citi Bank to the tune of RS 1.5 crores has raised concerns of many kinds including the role of "Data Protection".104 Dr. Tabrez Ahmad

State v Navjot Sandhu (2005)11 SCC 600  Held, while examining Section 65 B Evidence Act, it may be that certificate containing details of subsection 4 of Section 65 is not filed, but that does not mean that secondary evidence cannot be given.  Section 63 & 65 of the Indian Evidence Act enables secondary evidence of contents of a document to be adduced if original is of such a nature as not to be easily movable.105 Dr. Tabrez Ahmad

State of Tamil Nadu Vs Suhas Katti  This Case is notable for the fact that the conviction was achieved successfully within a relatively quick time of 7 months from the filing of the FIR .  The case related to posting of obscene, defamatory and annoying message about a divorcee woman in the yahoo message group. Additional Chief Metropolitan Magistrate, delivered the judgment on 5-11-04 as follows:  ―The accused is found guilty of offences under section 469, 509 IPC and 67 of IT Act 2000 and the accused is convicted and is sentenced for the offence to undergo RI for 2 years under 469 IPC and to pay fine of Rs.500/- and for the offence u/s 509 IPC sentenced to undergo 1 year Simple imprisonment and to pay fine of Rs.500/- and for the offence u/s 67 of IT Act 2000 to undergo RI for 2 years and to pay fine of Rs.4000/- All sentences to run concurrently.‖  This is considered the first case convicted under section 67 of Information Technology Act 2000 in India106 Dr. Tabrez Ahmad

Firos vs. State of Kerala  Govt of Kerala declared the FRIENDS application software as a protected system.  The author of the application software challenged the notification and the constitutional validity of section 70.  The Court upheld the validity of both107 Dr. Tabrez Ahmad

Syed Asifuddin case  Tata Indicom employees were arrested for manipulation of the electronic 32-bit number (ESN) programmed into cell phones that were exclusively franchised to Reliance Infocomm.  The court held that such manipulation amounted to tampering with computer source code as envisaged by section 65.108 Dr. Tabrez Ahmad

Societe Des products Nestle SA case 2006 (33 ) PTC 469 By virtue of provision of Section 65A, the contents of electronic records may be proved in evidence by parties in accordance with provision of 65B. Held- Sub section (1) of section 65B makes admissible as a document, paper print out of electronic records stored in optical or magnetic media produced by a computer subject to fulfillment of conditions specified in subsection 2 of Section 65B .a) The computer from which the record is generated was regularly used to store or process information in respect of activity regularly carried on by person having lawful control over the period, and relates to the period over which the computer was regularly used.b) Information was fed in the computer in the ordinary course of the activities of the person having lawful control over the computer.c) The computer was operating properly, and if not, was not such as to affect the electronic record or its accuracy.d) Information reproduced is such as is fed into computer in the ordinary course of activity. State v Mohd Afzal, 2003 (7) AD (Delhi)1109 Dr. Tabrez Ahmad

Parliament attack case  Several terrorists attacked Parliament House on 13-Dec-01  Digital evidence played an important role during their prosecution.  The accused had argued that computers and digital evidence can easily be tampered and hence should not be relied upon.110 Dr. Tabrez Ahmad

Parliament attack case  A laptop, several smart media storage disks and devices were recovered from a truck intercepted at Srinagar pursuant to information given by two of the suspects.  These articles were deposited in the police ―malkhana‖ on 16-Dec-01 but some files were written onto the laptop on 21-Dec-01.111 Dr. Tabrez Ahmad

Parliament attack case  Evidence found on the laptop included:  fake identity cards,  video files containing clippings of political leaders with Parliament in background shot from TV news channels,  scanned images of front and rear of a genuine identity card,112 Dr. Tabrez Ahmad

Parliament attack case  image file of design of Ministry of Home Affairs car sticker,  the game wolf pack with the user name Ashiq. Ashiq was the name in one of the fake identity cards used by the terrorists.113 Dr. Tabrez Ahmad

The possible reliefs to a cybercrime victim and strategy adoption114 Dr. Tabrez Ahmad

Possible reliefs to a cybercrime victim- strategyadoption A victim of cybercrime needs to immediately report the matter to his local police station and to the nearest cybercrime cell Depending on the nature of crime there may be civil and criminal remedies. In civil remedies , injunction and restraint orders may be sought, together with damages, delivery up of infringing matter and/or account for profits. In criminal remedies, a cybercrime case will be registered by police if the offence is cognisable and if the same is non cognisable, a complaint should be filed with metropolitan magistrate For certain offences, both civil and criminal remedies may be available to the victim115 Dr. Tabrez Ahmad

Preparation for prosecution  Collect all evidence available & saving snapshots of evidence  Seek a cyberlaw expert‘s immediate assistance for advice on preparing for prosecution  Prepare a background history of facts chronologically as per facts  Pen down names and addresses of suspected accused.  Form a draft of complaint and remedies a victim seeks  Cyberlaw expert & police could assist in gathering further evidence e.g tracing the IP in case of e-mails, search & seizure or arrest as appropriate to the situation  A cyber forensic study of the hardware/equipment/ network server related to the cybercrime is generally essential  Preparation of chain of events table  Probing where evidence could be traced? E-mail inbox/files/folders/ web history.  Accused may use erase evidence software/tools  Forensically screening the hardware/data/files /print outs / camera/mobile/pen drives of evidentiary value.116 Dr. Tabrez Ahmad

Future Course of Action Mumbai Cyber lab is a joint initiative of Mumbai police and NASSCOM –more exchange and coordination of this kind More Public awareness campaigns Training of police officers to effectively combat cyber crimes More Cyber crime police cells set up across the country Effective E-surveillance Websites aid in creating awareness and encouraging reporting of cyber crime cases. Specialised Training of forensic investigators and experts Active coordination between police and other law enforcement agencies and authorities is required. Re-interpretation of criminological theories and development of cyber jurisprudence117 Dr. Tabrez Ahmad

Do you have any question?118 Dr. Tabrez Ahmad

119 Dr. Tabrez Ahmad

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My presentation isv conference 7th jan 2011

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