Cyber Law and Security

CYBER LAW AND SECURITY IN INDIA

BY,  Sandigdha Mishra.,  Adv.

advsandigdha@paydirtprofessionals.com

The term "cyber-crimes" is not defined in any statute. The word "cyber" is slang for anything relating to computers, information technology, internet and virtual reality. 

Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.

One finds laws that penalize cyber-crimes in a number of statutes and even in regulations framed by various regulators. The Information Technology Act, 2000 ("IT Act") and the Indian Penal Code, 1860 ("IPC") penalize a number of cyber-crimes and unsurprisingly, there are many provisions in the IPC and the IT Act that overlap with each other.

However Cyber crimes are increasing day by day. The main reason behind this increased growth of cyber crimes is mainly due to the unawareness of the cyber Law. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code.

 We can divide Cyber crimes in to two groups. The Computer as a Target and the computer as a weapon. In computer as a target a computer is used to attack other computers. E.g. Hacking, Virus/Worm attacks, DOS attack etc. And in the second division, a computer is used to perform real world crimes. E.g.  , IPR violations, Credit card frauds, EFT frauds, Pornography, Cyber Terrorism etc.

Unauthorized Access and Hacking: 

Unauthorized access means any kind of access without the permission of either of the correct or person in charge of the computer, computer system or computer network. Hacking is an illegal break into a computer system and/or network. Every act committed towards betrayal into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. Government websites are the most targeted sites for the hackers

Web Hijacking:

Web hijack is taking imposing control of another person’s website. In this case the owner of the website loses control over his website and its content. 

Pornography:

Pornography means showing sexual acts in order to origin sexual excitement. The elucidation of pornography also includes pornographic websites, pornographic magazines produced using computer and the internet pornography delivered over mobile phones. 

Child Pornography:

The Internet is being highly used as a medium to sexually misuse children. The children are viable sufferer to the cyber crime. Computers and internet having become a need of every household, the children have got an easy access to the internet. There is an easy access to the pornographic stuffing on the internet. Paedophiles trap the children by distributing pornographic substance and then they try to meet them for sex or to take their nude photographs including their engagement in sexual positions. Sometimes Paedophiles contact children in the chat rooms posing as teenagers or a child of similar age and then they start becoming friendlier with them and win their self-belief. 

Virus attacks:

Viruses are the programs that have the potential to infect other programs and make copies of itself and extend into other program. Programs that multiply like viruses but spread from computer to computer are called as worms. These are malicious software that attaches them to other software. Virus, worms, Trojan horse, Time bomb, Logic Bomb, Rabbit and Bacterium are the malicious. Viruses usually affect the data on a computer, either by altering or deleting it. On the other hand worms merely make functional copies of them and do this repeatedly till they eat up all the available.

Phishing:

Phishing is the act of distribution an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

Sale of illegal articles: 

This class of cyber crimes includes sale of weapons, narcotics, and wildlife etc., by posting information on websites, public sale websites, and bulletin boards or simply by using email contact. 

Cyber Defamation: 

When a person publishes insulting matter about someone on a website or sends e-mails containing distasteful information to all of that person’s friends, it is termed as cyber defamation.

Cyber Terrorism:

Targeted attacks on military installations, power plants, air traffic control, banks, trail traffic control, telecommunication networks are the most likely targets. Others like law enforcement, health, fire and rescue systems etc.

Cyber terrorism is an attractive option for modern terrorists for a number of reasons. 

 Main types of cyber crimes are discussed above. Now coming to the cyber laws in India, to battle the crimes related to internet The Information Technology Act, 2000 was enacted with prime objective to create an enabling environment for commercial use of I.T.  The IT Act specifies the acts which have been made punishable. The Indian Penal Code, 1860 has also been amended to take into its purview cyber crimes. 

The various offenses related to internet which have been made punishable under the IT Act and the IPC are enumerated below

CYBER LAWS

1. Cyber crimes under the IT Act:

• Tampering with Computer source documents - Sec.65
• Hacking with Computer systems, Data alteration - Sec.66
• Publishing obscene information - Sec.67
• Un-authorized access to protected system Sec.70 Breach of Confidentiality and Privacy - Sec.72
• Publishing false digital signature certificates - Sec.73

2. Cyber Crimes under IPC and Special Laws:
 

• Sending threatening messages by email - Sec 503 IPC
• Sending defamatory messages by email - Sec 499 IPC
• Forgery of electronic records - Sec 463 IPC
• Bogus websites, cyber frauds - Sec 420 IPC
• Email spoofing - Sec 463 IPC
• Web-Jacking - Sec. 383 IPC
• E-Mail Abuse - Sec.500 IPC

3. Cyber Crimes under the Special Acts:
 

• Online sale of Drugs under Narcotic Drugs and Psychotropic Substances Act
• Online sale of Arms  Act

Since users of computer system and internet are increasing worldwide, where it is easy to access any information easily within a few seconds by using internet which is the medium for huge information and a large base of communications around the world. Certain precautionary measures should be taken by the people while using the internet which will assist in challenging this major threat Cyber Crime.

 

Thank you

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