CYBER CRIME & ACTS

Deepak Bhojwani CS-4TH Year

The term “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”

CYBER CRIME

The cyber 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

CYBER CRIMINALS:

Hacking Theft of information contained in

electronic form Email bombing Data diddling Salami attacks Denial of Service attack Virus / worm attacks

 MODE AND MANNER OF COMMITING CYBER CRIME:

Logic bombs Trojan attacks  Internet time thefts Web jacking

Contd.

AGAINST INDIVIDUALS AGAINST ORGANISATION AGAINST SOCIETY AT LARGE

TYPES OF CYBER CRIME:

Harassment via e-mails. Cyber-stalking. Dissemination of obscene material. Defamation. Unauthorized control/access over computers Indecent exposure. Email spoofing. Cheating & Fraud.

AGAINST INDIVIDUALS:

Cyber terrorism against the government

organization. Distribution of pirated software etc.

AGAINST ORGANISATION:

Pornography (basically child pornography). Polluting the youth through indecent exposure. Trafficking. Financial crimes. Sale of illegal articles. Online gambling. Forgery.

AGAINST SOCIETY AT LARGE:

TOP 20 :

CYBER CRIMES IN INDIA:

The Indian 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

STATUTORY PROVISONS:

Section 43 deals with 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

VARIOUS SECTIONS:

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

SECTION 65: SOURCE CODE

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

SECTION 67: PORNOGRAPHY:

DPS mms case Air Force Baal Bharati School case Miss Jammu mms case

CYBER PORNOGRAPHY CASES:

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.

Sec 69: Decryption of information:

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

Sec 70: Protected System

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

Sections 71

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.

Section 72

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.

Sections 73

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. .

SECTION 74

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

Computer Related Crimes under IPC and Special Laws

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 servant-

Sec.167,172,173,175 IPC

Some more offences dealt with under IPC…

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 SinghAddl. District & Sessions Judge, Delhi

CASE STUDY:BANK NSP-2003

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.

PREVENTION OF CYBER CRIME:

Always keep a 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.

CONTD.:

History is the 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

CONCLUSION

THANK YOU