Cyber Laws & Cyber Crimes

-B.V.Raghunandan

Rosario College,

Mangalore

Feb 21, 2015

Cybercrime- a Definition

• "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)“

- Dr. Debarati Halder and Dr. K. Jaishankar.

A Broader Definition

• A cyber crime is an offence punishable under law committed using computer, internet, or any electronic mobile device in which the computer, internet or the device is a tool or the target

Cyber Offences

• Offences attracting penal action and committed using

1) Computers-Computer Crime

2) Internet - Internet Crimes

3) Mobile Phones/ Mobile Devices-Mobile Crimes

Perpetrators/Victims

• Individuals

• Groups of Individuals

• Companies

• Drug Traffic Gangs

• Governments

Individuals: Motives

• Proving Smartness

• Sadistic in Nature

• Stealing Money

• Vengeance

• Power

• For Excitement

• Learning Exercise

• Service Providers

• Fantasies

• Publicity

Groups of Individuals

• Peddlers of Pornography• Party Affiliation• Caste Hatred• Social/Environmental

Groups• Rebel Groups in Small

Countries• Regional Hatred

Companies

• Computer Manufacturing Companies

• Software Companies

• Industrial Espionage

• Bidding Companies

• Cos Seeking Access to Government Records

• Companies providing Anti-Virus Software

• Defence Industries

Drug Traffic Gangs: Motive

• Securing Data of Potential Customers

• Hacking into the systems of their distributors

• Gaining access to systems of police and intelligence establishments

• Access to government sites

• Entry into logistics providers

Governments

• Developing cyber warfare

• Spying into the systems of enemy countries

• International Policing by the USA

• Police Establishments

• Intelligence Establishments

• Military Intelligence

• Personal Interests of People in power

Types of Cybercrimes

• Financial Crime• Data Theft• Copyright Infringement• Cyber Terrorism

• Computer Vandalism

• Child Grooming/Pornography

• Cyber Warfare• Cyber Stalking• Cyber Suicides• Identity Theft• Drug Trafficking• Active

Attack/Passive Attack

• Cyber Terrorism• Computer

Vandalism

Techniques of Cyber Crimes

• Wired/Wireless Tapping

• Hacking

• Phishing

• Spoofing/Masquerading

• Social Engineering

• Software Piracy

• Trap Doors/Back Doors • Malware:

1) Viruses

2) Worms

3) Trojan Horses

4) Spyware

Characteristics of Cyber Crimes

• Policeman and thief are the same

• Perpetrators and victims are the people

• Each programme can be used positively or negatively

• Perpetrators are young within the age of 16-26

• Huge Profits made effortlessly

• Reckless Criminals

• Total Ignorance of Cyber Crime and Laws

• Widespread Opposition to Cyberlaws

Cyber- laws in India

• Information Technology Act, 2000

• Information Technology Amendment Act, 2008

• Information Technology Rules, 2011

Contributions of the Act

• Providing for Digital Signature

• Creating E’Governance

• Compliance by Companies receiving, storing, or transmitting data of others

• Creation of Controllers and Certifying Authorities

• Establishment of Cyber Appellate Tribunal

• Offences and Penalties

Offences and Penalties

1) Non-Compliance-7 years imprisonment

2) Damage to Computer/Systems-Compensation by the offender

3) Tampering with Source Documents-Sec 65-3 years of imprisonment/Rs. 2 lakh/both

4) Sending Offensive Messages-Sec 66-3 Years with fine

5) Identity Theft-3 years/plus Rs. 2 lakh

Offences & Penalties-continued

• Cheating by personation

• Violation of privacy

• Cyber terrorism

• Publishing or transmitting obscene material

• Depicting children in sexually explicit form

Future Agenda

• Educating the Society

• Anti-Piracy Movement

• Discouraging Offences by parents, teachers, employers etc

• No concealment of offences

• Exposure to Consequences of offences

THANK YOU