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| Cyber Crime and Cyber Laws in India | | CYBER CRIMES IN INDIA | | MOHAMMED REYAZ CHOUDHARY | 12/4/2010 10:56:02 PM |
| Everyone who works on a computer must be familiar with the term “Cyber Crime”. Initially, when man invested computer and then the technology for communicating between computers was evolved, he would have never thought that the cyber space he is creating could be flooded with any crime i.e. cyber crime.
But now almost all of us might have heard the term computer crimes, cyber crimes, e-crimes, hi-tech crimes or electronic crimes which is nothing but an activity done with a criminal intention in cyber space. It is an activity which is generally criminal in nature, where a computer or network is the source, tool target or place of a crime. To say in one-line “cyber crime refers to all the activities done with a criminal intention in cyber space”.
The information technology has revolutionized all most every aspect of human life including inter-personal communications, financial transactions, media etc. fast growing cyber space has emerged as an alternate media particularly for the growing generation today. However, this has also led to different types of cyber crimes where in computer either a tool or a target or both.
This problem has emerged worldwide. In India also the cyber crime is becoming an increasing social and economic threat.
Tracking and prevention of cyber crimes become more challengeable because of wide usage, anonymity, easy accessibility, reducing cost of hardware and software etc.
The cyber crime rates depend upon various factors and vary with regions. Like in the State of J&K, the growth of it has been slow that is why the rate of cyber crime is also not at such high peak.
The cyber crimes involves an information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), system interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppression of computer data), misuse of device, forgery (Id theft) and electronic frauds.
The growth of cyber space is considered as the most revolutionary phenomena. It has created an explosion that has led to social communications between people across geographical and political boundaries.
However, inspite of all the benefits of Information Technology (IT) revolution, one of the aspects which have become essential components of IT, is security.
As society becomes more and more dependent on correct and continuous functioning of communications and informations infrastructure it becomes corresponding more vulnerable to disruption in the services that they provide.
The issue of cyber security is quite complex because of the increasing easy access, reducing hardware and software prices and a vast magnitude and extent of the computer networks and cyberspace. As a result, the potential security threats and risks that may effect them and over which they have control. Only then will the threats can be fully understood and the appropriate security procedures can be applied. The appropriate measures of cyber security often depend, to a large extent, besides other things, on the type and location of network and IT equipment.
You may be wondering why one should know about cyber crime? Most of us are using internet and computer for online transactions where we transmit personal information and possibly do monetary transactions. If your personal information goes in wrong hands and you can become bankrupt or you start receiving absurd e-mails or your e-mail account gets flooded with unwanted mails; means you have become a victim of cyber crime.
Cyber crime is broadly used to describe activity in which computers or networks are a tool, a target, or a place of criminal activity. Cyber crime in India is rapidly evolving from simple e-mail mischief where offenders send obscene e-mails, hoaxes and fake e-mails to receive personal information to more serious offences like identity theft, hacking, kidnapping, theft of information or source, e-mail bombing to crashing servers, denial of service attacks etc. According to analysts at the Indian Institute of Science, Bangalore, tax evasion cheating on the Net, identity theft, child and other cyber crimes cause a loss of $50 billion annually. Presently, according to an estimate, the network vulnerabilities have been increasing at a rate of over 40% year-on-year.
Cyber crime has various forms which may include hacking (illegal intrusion into a computer system without the permission of owner), phishing (pulling out the confidential information from the bank or financial institution account holders by deceptive way), spoofing (getting one computer on a network to pretend to have the identity of another computer in order to gain access to the network), cyber stalking (following the victim by sending e-mails or entering the chat rooms frequently), cyber defamation (sending e-mails to all concerned/posting on website the text containing defamatory matters about the victim), threatening (sending threatening e-mails to victim), salami attacks (making insignificant changes which go unnoticed by the victim), net extortion, pornography (transmitting lascivious material), software piracy (illegal copying of genuine software/programs), e-mail bombing, virus dissemination (sending malicious software which attaches itself to other software), IRP theft, identity theft, data theft etc. (destroying files and data through spreading virus are the largest number of offences in the cyber world).
The computer has unique characteristics of storing data in a very small space, which makes the reading or writing of information through physical or virtual medium easier. Rapid decrease in the prices of the hardware and software in the past decade and the availability of broadband network have added to the advantage of cyber criminals.
This has resulted in cyber crime being skyrocketing. One of the most important aspects of the Information Technology is that it lets connect, transmit and manipulate information across the networks without user physically moving or being identified. Sometimes, the cyber criminals also take the advantage of the lacunas that are present in the operating system to penetrate into the computer system. As internet, cyberspace and world wide web is accessible to all the users at very low price and with fewer efforts, it is open to exploitation and misuse involving cyber crime. Collection of evidence against accused in case of cyber crime is very much difficult because most of data can be deleted, formulated, removed or manipulated very easily and quickly. Most of the time, this does not require any specific expertise. Also it is very difficult to trace the IP addresses required to ascertain person who has carried the cyber crime. As explained above there are a lot of reasons for the cyber crime.
However these vary on the basis of the offenders involved.
Now a days, government and non-government sectors are taking initiatives to reduce the effect of cyber crime. Information Technology Act, 2000 is one of such initiatives.
Information is a source which has no value until it is extracted, processed and utilized.
Information technology deals with information system, data storage, access, retrieved, analysis and intelligent decision making. Information technology refers to the creation, gathering, processing, storage, presentation and dissemination of information and also the processes and devices that enable all this to be done.
Information technology is effecting us as individual and has a society. Information technology stands firmly on hardware and software of a computer and telecommunication infrastructure.
But this is only one facet of the information technology, today the other facets are the challenges for the whole world like cyber crimes and more over cyber terrorism.
When internet was first developed, the founding fathers hardly had any idea that internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulations. With the emergence of the information technology, the misuse of information technology has also expanded to its optimum level the examples of it are:-
n Cyber stalking.
n Cyber
harassment.
n Cyber fraud.
n Cyber defamation.
n Spam.
n Hacking.
n Trafficking.
n Internet spoofing.
n Distribution.
n Posting and dissemination of obscene material including pornography.
n Indecent exposure and child pornography etc.
The misuse of information technology has created the need of the enactment and implementation of the cyber laws but whether these cyber laws are capable to control the cyber crime activities.
Cyber crimes and cyber terrorism; is the internet the new “wild wild west”? There can be no one exhaustive definition about cyber crime. However, any activities which basically offend human sensibilities, can also be included in its ambit. Child pornography on the internet constitutes one serious cyber crime. Similarly, online pedophiles using internet to induce minor children into sex, are as much cyber criminals as any other.
“Cyber terrorism is the premeditated, politically motivated attacks against information, computer systems, computer programs and data which result in violence against property, government and people at large”.
In the era of globalization; the use of stenography as a means for communicating the terrorist design online:- Red Fort case, E-mail threats in Taj Mahal case, Supreme Court E-mail threat case.
The use of internet to plan and carry out the terrorist acts of September 11:- World Trade Centre attack, reflects the present condition and provides the answer to the question that, is the internet the new “wild wild west”?
Cyber terrorism is the premeditated use of disruptive activities, the threat thereof, against computers or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives. Cyber terrorism can have a serous large scale influence state’s economy greatly, thereby stripping it of its resources and making it more and more vulnerable to military attacks.
Russia, China and Brazil are world leaders in cyber crimes. Chinese teenagers are getting addicted to the internet and taking to crime at a younger age than in any other country.
India is fast emerging as a major hub of cyber crime, however our legal system is already in place to tackle this menace of cyber crime and to control it and punish the guilty. Cyber crime, which we may define as “an unlawful act wherein the computer is either a tool or a target or incidental to the crime”, has both civil as well as criminal remedies. India had moved to the 5th place in cyber crime ladder in 2009, from 11th place in 2008, as per the report of a US company.
CYBER CRIMES IN JAMMU AND KASHMIR
Our generation next is just rolling with the tide. The use of computers and internet is growing at a very fast place in Jammu and Kashmir State.
The percentage of people using computers and internet in the State is relatively low as of now. However, factors like computers education in schools, colleges, use of internet for educational purposes, like examination results, etc. has made it extremely popular among youngsters.
Use of internet has connected otherwise isolated Kashmir with the globalized world in astonishing ways. Today people in Kashmir apply for and find jobs online throughout the world. Student explore educational opportunities throughout the world with the click of mouse. Youngsters fill up online forms for admission in universities and professional colleges without having to leave their home.
Gone are the days of long queues and running between offices to complete back breaking formalities. Kashmir’s business houses, exporters, etc. are able to link up with customers throughout the world with an ease unimaginable before a few years.
But use of internet has a very dark side to it as well, especially keeping in view of Kashmir’s conservative social ethos.
Lately, many negative aspects of internet use, which one can call cyber crime have, surfaced in our state, which need immediate attention. Cyber crimes, in the form of financial frauds, black mailing, extortion, slandering etc. have assumed very serious proportions in our state. Hacking of passwords of e-mail ids of women in J&K is an area of concern. Hoax mongering about bomb plantation, shooting threats, etc. is another area which needs immediate attention. Our state is particularly vulnerable to this keeping in view our precarious security situation.
Creation of e-mail ids in another person’s name and sending mischievous mails on behalf of other persons has become very common. Anti social elements create anonymous e-mail ids in our state and send highly provocative and slanderous e-mails to big lists of e-mail ids. What has added a new dimension to all this is the ease with which photographs are manipulated in latest “Photoshop Software” to create dirty images. Recently a Kashmir woman residing overseas was blackmailed using the some software. Thankfully, police is said to have cracked the case and identified the culprit.
In spite of all these problems, what is surprising is that J&K Police Department is not fully equipped at all the levels to handle such issues. No doubt, lately, J&K Police, especially in Jammu, has been successful in cracking many cyber crimes, but what we need is more action.
It is easy for police nowadays to trace e-mails, the internet accounts, computers and the servers used. However, things get difficult when mischievous elements send e-mails from cyber cafes. In J&K, cyber cafes do not keep a log of the identity of people who use internet there. Elsewhere in India, it is now mandatory for cyber café owners to keep and maintain a proper log of the identity of the people using internet in their cyber cafes. Many cyber cafes in J&K, particularly in Srinagar, use CCTV cameras to keep a watch on users. But “J&K Police Cyber Crime Unit” needs to do much more. The following steps are long overdue:-
Training and awareness of police station level policeman in dealing with cyber crimes.
More funds and introduction of latest software in the cyber crime units of J&K Police, so that the IP routes used in e-mails could be traced in J&K only, instead of sending them to host servers in Chandigarh and Mumbai for information.
Maintenance of identity log, based on photocopy of identity cards, in all the cyber cafes in the state.
Revision of the current cyber laws in J&K, bringing in the credit card, debit card frauds, e-mail extortion, black mailing of women, creation of fake photographs, death threats etc. under the ambit of non-bailable offences.
According to analysis, it is evident that number of the cyber crime cases reported in the state of J&K is very low.
The percentage share of the number of cyber crime cases is almost 1%. However, if the data upto 2007 is considered for the J&K state, the percentage increases and reaches upto 50%.
The low rates of the number of cyber crimes cases reported can be attributed to various factors other than simply non-existence of cyber crimes in the state. As discussed above, these factors may include lack of awareness among general public, lesser IT implementation and other legal and technical aspects. In addition, the “Cyber Crime Cells” setup in the state is still in embryonic state with just less than four years of working. In absence of the technical expertise, specialized hardware and software related equipments and considerable manpower, it is very difficult to track down such cases. Some limitations of the study include the facts that the cyber crime cells setup the government are relatively very recent, particularly the cyber cell of J&K State. So the number of the cases reported is less. Further, it is very difficult to get data from such sources due to security reasons. Also, the lack of awareness among the masses in general becomes constraint to obtain the meaningful data and information. In J&K there are two cyber crime police stations one at Srinagar and other one at Jammu where a case related to cyber crime can be registered.
CYBER LAWS IN INDIA
POSITIVE ASPECTS OF IT ACT, 2000
1. Prior to the enactment of the IT Act, 2000 even an e-mail was not accepted under the prevailing statutes of India as an accepted legal form of communication and as evidence in a court of law. But the IT Act, 2000 changed this scenario by legal recognition of the electronic format. Indeed the IT Act, 2000 is a step forward.
2. From the perspective of the corporate sector, companies shall be able to carry out electronic commerce using the legal infrastructure provided by the IT Act, 2000. Till the coming into effect of the Indian Cyber Law, the growth of electronic commerce was impeded in our country basically because there was no legal infrastructure to regulate commercial transactions online.
3. Corporate will not be able to use digital signatures to carry out their transactions online. These digital signatures have been given legal validity and sanctions under IT Act, 2000.
4. In today’s scenario, information is stored by the companies on their respective computer system apart from maintaining a back up. Under the IT Act, 2000 it shall now be possible for corporate to have a statutory remedy if any one breaks into their computer systems or networks and causes damages or copies data. The remedy provided by the IT Act, 2000 is in the form of monetary damages, by the way of compensation, not exceeding Rs. 10000000/-.
5. The IT Act, 2000 has defined various cyber crimes which includes hacking and damage to the computer code. Prior to the coming into effect of the Indian Cyber Law, the corporate were helpless as there was no legal redress for such issues. But IT Act, 2000 changes the scene altogether.
LOOPHOLES IN IT ACT, 2000
1. The IT Act, 2000 is likely to cause a conflict of jurisdiction.
2. Electronic commerce is based on the system of domain names. The IT Act, 2000 does not even touch the issues relating to domain names. Even domain names have not been defined and the rights and liabilities of domain name owners do not find any mention in the law.
3. The IT Act, 2000 does not deal with any issues concerning the protection of Intellectual Property Rights in the context of the online environment. Contentious yet very important issues concerning online copy rights, trademarks and patent have been left untouched by the law, thereby leaving many loopholes.
4. As the cyber law is growing, so are the new forms and manifestations of cyber crime. The offences defined in the IT Act, 2000 are by no means exhaustive. However, the drafting of the relevant provisions of the IT Act, 2000 makes it appear as if the offences detailed therein are the only cyber offences possible and existing. The IT Act, 2000 does not cover various kinds of cyber crimes and internet related crimes. These are as under:-
n Theft of internet hours.
n Cyber theft.
n Cyber stalking.
n Cyber
harassment.
n Cyber defamation.
n Cyber fraud.
n Misuse of credit and debit card numbers.
n Chat room abuse.
5. The IT Act, 2000 has not tackled several vital issues pertaining to e-commerce sphere like privacy and content regulation to name a few. Privacy issues have not been touched at all.
6. Another grey area of the IT Act, 2000 is that the same does not touch upon any anti-trust issues.
7. The most serious concern about the Indian Cyber Law relates to its implementation. The IT Act, 2000 does not lay down parameters for its implementation. Also, when internet penetration in India is extremely low and government and police officials, in general are not very computer savvy, the new Indian Cyber Law raises more questions than it answers.
SALIENT FEATURES OF THE IT (AMENDMENT) ACT, 2008
The information technology (Amendment) Act, 2008 was enacted in October, 2009. The term “Digital Signature” has been replaced with “Electronic Signature” to make the Act more technology neutral. A new section has been inserted to define the term “Communication Device” to mean cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text video, audio or image. A new section has been added to define the term “Cyber Café” as any facility from where the access to internet is offered by any person in the ordinary course of business to the members of the public. There is an addition or several new offences into to the Act. Section 66 has now been expanded to include sections 66A, (offensive message), 66B, (Receiving Stolen computer), 66C, (Identity Theft), 66D, (Impersation), 66E, (Voyeurism) and 66F, (Cyber Terrorism). Section 67 has now been expanded to include sections 67A, (Sexually explicit content) and 67B, (child pornography).
POWERS OF CYBER CRIME CELLS
Only senior officer in this behalf may enter any public place, can search and arrest without warrant, any person found therein who is reasonably suspected or having committed or of committing or of being about to commit any offence under IT Act.
PUNISHMENT FOR CYBER CRIME
A person found guilty of cyber crime shall be punishable with imprisonment for a term which may extend to three years or fine or with both imprisonment and fine as the case may be. |
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