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Cyber crime
The document discusses cyber crime and the legal provisions around it in India. It begins by defining cyber crime and noting that the term was first coined in the 1980s. Cyber criminals can include children, organized hackers, professional hackers, and discontent employees. Common cyber crimes include hacking, theft of electronic information, email bombing, and denial of service attacks. The Information Technology Act of 2000 is the primary legislation dealing with cyber crimes in India. It identifies offenses such as unauthorized access, publishing obscene material, and tampering with computer source documents. Notable cyber crime cases in India include the DPS mms case and the Air Force school mms case. Prevention involves using antivirus software, backups, and being wary of personal information
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Cyber crime
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- 2. CYBER CRIME Theterm “cyber crime” was first coined by Barry Collins in 1980‟s “Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime” A generalized definition of cyber crime may be “ unlawful acts wherein the computer is either a tool or target or both”
- 3. CYBER CRIMINALS: Thecyber criminals constitute of various groups/ category. The following are the category of cyber criminals: • Children and adolescents between the age group of 6 – 18 years • Organised hackers • Professional hackers / crackers • Discontented employees
- 4. MODE AND MANNEROF COMMITING CYBER CRIME: Hacking Theft of information contained in electronic form Email bombing Data diddling Salami attacks Denial of Service attack Virus / worm attacks
- 5. Contd. Logic bombs Trojan attacks Internet time thefts Web jacking
- 6. TYPES OF CYBERCRIME: AGAINST INDIVIDUALS AGAINST ORGANISATION AGAINST SOCIETY AT LARGE
- 7. AGAINST INDIVIDUALS: Harassmentvia e-mails. Cyber-stalking. Dissemination of obscene material. Defamation. Unauthorized control/access over computers Indecent exposure. Email spoofing. Cheating & Fraud.
- 8. AGAINST ORGANISATION: Cyberterrorism against the government organization. Distribution of pirated software etc.
- 9. AGAINST SOCIETY ATLARGE: Pornography (basically child pornography). Polluting the youth through indecent exposure. Trafficking. Financial crimes. Sale of illegal articles. Online gambling. Forgery.
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- 11. CYBER CRIMES ININDIA:
- 12. STATUTORY PROVISONS: TheIndian parliament considered it necessary to give effect to the resolution by which the General Assembly adopted Model Law on Electronic Commerce adopted by the United Nations As a consequence of which the Information Technology Act 2000 was passed and enforced on 17th May 2000. The Information Technology Act deals with the various cyber crimes in chapters IX & XI. The important sections are Ss. 43,65,66,67
- 13. VARIOUS SECTIONS: Section 43 dealswith the unauthorised access, unauthorised downloading, virus attacks or any contaminant, causes damage, disruption, denial of access, interference with the service availed by a person Section 65 deals with „tampering with computer source documents‟ and provides for imprisonment up to 3 years or fine Section 66 deals with „hacking with computer system’ and provides for imprisonment up to 3 years or fine section 67 deals with publication of obscene material and provides for imprisonment up to a term of 10 years
- 14. SECTION 65: SOURCECODE 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 INR. 2 lakh
- 15. SECTION 67: PORNOGRAPHY: Ingredients Publishing or transmitting or causing to be published in the electronic form, Obscene material Punishment On first conviction imprisonment of either description up to five years and fine up to INR. 1 lakh On subsequent conviction imprisonment of either description up to ten years and fine up to INR. 2 lakh Section covers Internet Service Providers, Search engines, Pornographic websites Cognizable, Non- Bail able , JMIC/ Court of Sessions
- 16. CYBER PORNOGRAPHY CASES: DPS mms case Air Force Baal Bharati School case Miss Jammu mms case
- 17. Sec 69: Decryptionof 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 up to 7 years.
- 18. Sec 70: ProtectedSystem 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-Bail able, Court of Sessions
- 19. Sections 71 Section– 71: Offence Name - Misrepresentation to the Controller or the Certifying Authority Description - Making any misrepresentation to, or suppression of any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be. Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both
- 20. Section 72 section– 72: Offence Name - Penalty for breach of confidentiality and privacy Description - Any person who, in pursuance of any of the powers conferred under IT Act, has secured access to any electronic record, book, register, correspondence, information or document without the consent of the person concerned discloses such electronic record, book., register, correspondence, information, document to any other person. Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both.
- 21. Sections 73 Section –73: Offence Name - Publishing Digital Signature Certificate false in certain particulars Description - Publishing a Digital Signature Certificate or otherwise making it available to any other person with the knowledge that the Certifying Authority listed in the certificate has not issued it or the subscriber listed in the certificate has not accepted it or the certificate has been revoked or suspended, unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation. Penalty - Imprisonment for a term which may extend to 2 years, or with fine which may extend to 1 lakh Rupees.
- 22. SECTION 74 Section– 74: Offence Name - Publication for fraudulent purpose Description - Creation, publication or otherwise making available a Digital Signature Certificate for any fraudulent or unlawful purpose Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both. .
- 23. Computer Related Crimesunder IPC and Special Laws Sending threatening messages by email Sec 503 IPC Sending defamatory messages by email Sec 499, 500 IPC Forgery of electronic records Sec 463, 470, 471 IPC Bogus websites, cyber frauds Sec 420 IPC Email spoofing Sec 416, 417, 463 IPC Online sale of Drugs NDPS Act Web - Jacking Sec. 383 IPC Online sale of Arms Arms Act
- 24. Some more offencesdealt with under IPC… Criminal breach of trust/Fraud- Sec. 405,406,408,409 IPC Destruction of electronic evidence-Sec.204,477 IPC False electronic evidence-Sec.193 IPC Offences by or against public servantSec.167,172,173,175 IPC
- 25. CASE STUDY:BANK NSP-2003 The Bank NSP case is the one where a management trainee of the bank was engaged to be married. The couple exchanged many emails using the company computers. After some time the two broke up and the girl created fraudulent email ids such as “indianbarassociations” and sent emails to the boy‟s foreign clients. She used the banks computer to do this. The boy‟s company lost a large number of clients and took the bank to court. The bank was held liable for the emails sent using the bank‟s system. Ref: Talwant Singh Addl. District & Sessions Judge, Delhi
- 26. PREVENTION OF CYBERCRIME: To prevent cyber stalking avoid disclosing any information pertaining to oneself. This is as good as disclosing your identity to strangers in public place. Always avoid sending any photograph online particularly to strangers and chat friends as there have been incidents of misuse of the photographs. Always use latest and up date anti virus software to guard against virus attacks. Always keep back up volumes so that one may not suffer data loss in case of virus contamination Never send your credit card number to any site that is not secured, to guard against frauds.
- 27. CONTD.: Always keepa watch on the sites that your children are accessing to prevent any kind of harassment or depravation in children. Web site owners should watch traffic and check any irregularity on the site. Putting host-based intrusion detection devices on servers may do this Web servers running public sites must be physically separate protected from internal corporate network.
- 28. CONCLUSION History isthe witness that no legislation has succeeded in totally eliminating crime from the globe. The only possible step is to make people aware of their rights and duties (to report crime as a collective duty towards the society) and further making the application of the laws more stringent to check crime. Undoubtedly the IT Act is a historical step in the cyber world. Further I all together do not deny that there is a need to bring changes in the Information Technology Act to make it more effective to combat cyber crime
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