Cyber crime lecture one definition and nature

CYBER CRIME INTRODUCTION

1. CYBER CRIME MEANING, DEFINITION AND NATURE OF CYBER CRIME ARUN VERMA

2. MEANING OF CYBER CRIME Cyber crimes are any crimes that involve a computer and a network. In some cases, the computer may have been used in order to commit the crime, and in other cases, the computer may have been the target of the crime. "Computer or Cyber armies are considered as illegal, unethical, or unauthorized behaviour of people relating to the automatic processing and transmission of data, use of Computer systems and Networks". Cyber crimes are the harmful acts committed in Cyber space with, on or by means of computer networking. 2 ARUN VERMA

3. DEFINITIONS OF CYBER CRIME Cybercrime is defined as a crime in which a computer is the object of the crime (hacking, phishing, spamming) or is used as a tool to commit an offense (child pornography, hate crimes). Cybercriminals may use computer technology to access personal information, business trade secrets, or use the Internet for exploitive or malicious purposes. Criminals can also use computers for communication and document or data storage. Criminals who perform these illegal activities are often referred to as hackers. Cybercrime may also be referred to as computer crime. Source: https://www.techopedia.com/definition/2387/cybercrime 3 ARUN VERMA

4. CYBER CRIMES DEFINED UNDER THE INDIAN IT ACT,2000 According to Section 65 of the Indian IT Act , a person who intentionally conceals or destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or network when the computer source code is required to be maintained by law is punishable with imprisonment upto 3 years or with fine that may extend upto 2 lakh Rupees or with both . ‘Computer source code’ means the listing of programs, computer commands, designs and layout and program analysis or computer resource in any form. 4 ARUN VERMA

5. Section 66 of the IT Act deals with the offence of computer hacking . In simple words, hacking is accessing of a computer system without the express or implied permission of the owner of that computer system. Examples of hacking may include unauthorized input or alteration of input, destruction or misappropriation of output, misuse of programs or alteration of computer data. As per Section 66, a person with the intention to cause or with the knowledge that he will cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in computer resource or diminishes it value or utility or affects its injuriously by any means commits hacking. Punishment for hacking is imprisonment upto 3 years or fine which may extend to 2 lakh Rupees or both . ‘Hacking’ means destruction or alteration of any information residing in computer resource, that is destruction or alteration of tangible and/or intangible assets of a computer resource. 5 ARUN VERMA

6. Academicians hold a view that it is difficult to prove intention to cause wrongful loss or damage in the electronic environment and Internet. The words “wrongful loss” is not defined under the IT Act, 2000. However, Section 23 of the Indian Penal Code defines “wrongful loss” to mean “loss by unlawful means of property to which the person losing it is legally entitled”. 6 ARUN VERMA

7. The characteristics features of Cyber Crime can be categorizes as - Cyber Crimes are Unlawful Act. Computer is essentially an element of Cyber Criminality and it is either a tool or target of Cyber Crimes. Cyber Crimes are harmful Act. Cyber Crimes are committed in Cyber-space with the help of Computer networking. Cyber Crime is a criminal activity where Computer can be used to perpetuate further crime. Cyber Crimes are committed against computer or computer networking either by means of computer or otherwise. Cyber Crimes are committed from or against computer networking. Cyber Crimes are criminal activities against technology and computer committed on Internet. Cyber Crimes are illegal activities done with malicious purposes. Cyber Crimes cause great loss in monetary terms to the affected victim. 7 ARUN VERMA

8. Computer vulnerability Computers store huge amounts of data in small spaces Ease of access Complexity of technology Human error One of the key elements that keeps most members of any society honest is fear of being caught — the deterrence factor. Cyberspace changes two of those rules. First, it offers the criminal an opportunity of attacking his victims from the remoteness of a different continent and secondly, the results of the crime are not immediately apparent. Need new laws and upgraded technology to combat cyber crimes. 8 ARUN VERMA

9. EXAMPLES OF CYBER CRIME Identity Theft One common form of cyber crime is identity theft. Hackers and scammers may use fake emails to trick victims into giving up passwords and account information, or they may use specialized programs called keyloggers to track what a user types when logging into bank or credit accounts. Once they have this personal information, they may be able to access existing accounts or make purchases with the victim’s credit cards. If a hacker can discover a user’s social security number and other identifying information, he can parlay that data into credit accounts in the victim’s name and cause considerable damage. Transaction Fraud Simple financial fraud is another common crime in the online arena. A scammer may offer an item for sale through an auction site with no intention of delivering once he receives payment. Alternatively, a criminal might purchase an item for sale using a stolen credit card, or claim a fraudulent chargeback after receiving the goods. 9 ARUN VERMA

10. Advance Fee Fraud One common crime is the advance fee fraud. These frauds, also known as 419 scams after the portion of the Nigerian criminal code relating to fraud, involve bilking victims out of money by promising them an eventual payoff. The scammer emails his victim with news of some financial windfall, often represented as the wealth of a distant relative or the remnants of some other illicit fortune. All the victim needs to do to claim this wealth is provide some identifying information and pay a few incidental expenses. The lure of easy wealth has found many victims for the perpetrators of these frauds, with some individual marks losing thousands, or even hundreds of thousands of dollars. Hacking Another cyber crime is the practice of hacking, illegally circumventing security to access someone else’s computer system. Some hackers explore for sheer curiosity, finding their way into unfamiliar systems for love of the challenge, in some cases going so far as to alert system owners to security loopholes. Others hack for their own reasons, either to steal information, gain control over systems for their own purposes, or simply to cause as much damage and chaos as possible. 10 ARUN VERMA

11. Piracy Piracy is the copying and distribution of programs, movies, music or other intellectual property without permission. Groups of dedicated pirates take the source material, remove any protection the data might have and then pass the unprotected results on to file sharing networks and distribution sites. The movie and recording industries in particular have fought the misuse of their intellectual property by filing extensive lawsuits against file sharers, while software companies fight piracy through expanded and intrusive copy protection schemes. Illegal Gambling Gambling is illegal in many U.S. states, and is prohibited online unless you are physically located in a state that allows it. However, the 2008 Internet Skill Game Licensing and Control Act was introduced to Congress and states that players may participate in skill games, such as mah jong and poker, but not in pure luck games. If the player is under the age of 21, he cannot legally gamble in any state. Games that involve monetary transactions, such as transfers to and from credit cards and bank accounts, are considered illegal, so gamblers cannot legally collect their winnings. 11 ARUN VERMA

12. Storing Illegal Information Criminals and pedophiles often use the Internet to obtain and transfer illegal images, such as child pornography. Even storing or saving these types of images on a computer is illegal. Other criminals use their computer databases to store illegal information, including confidential intellectual property. Computer Viruses Computer hackers are digital age criminals that can bring down large infrastructures with a single keystroke emitting a computer virus. These types of viruses are macro or binary. Macro viruses attack a specific program, while binary viruses attack data or attach to program files. Hacking into a business’s intranet and uploading viruses to the code are examples of these types of crimes. Private citizens are targets of computer viruses when visiting websites with encrypted viruses or opening emails infected with viruses. One of the most famous computer viruses is the Trojan virus. 12 ARUN VERMA

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14. NEWS OF CYBER CRIME 1,223 arrested for cyber crimes in 2014 ALLAHABAD: As many as 94 computer professionals and hackers were arrested in UP on charges of cyber fraud in 2014. In all, 1,223 people were arrested across the state under cyber crime act in 2014, which was more than 103.2% in comparison to 2013. A total of 602 people were arrested in 2013.  The data of National Crime Record Bureau (NCRB) revealed that UP had 18.1% share of cases reported under cyber crime during 2014. Moreover, majority of 898 cases lodged across the state under Section 66 A of IT Act were computer related offences. A total of 1,042 cases were lodged under Sections 66 A to 66 E.  The data also revealed that 36 cases (under Section 65) were registered on charges of tampering computer source documents. Similarly, 371 cases were reported under Section 67 and 67 A to C on the charges of publication or transmission of obscene/sexually explicit material SOURCE: http://timesofindia.indiatimes.com/city/allahabad/1223-arrested-for-cyber-crimes-in-2014/articleshow/48852550.cms 14 ARUN VERMA

15. 300% rise in cybercrime cases in city since last year As per the statistics provided by the Mumbai police, cases of hacking, phishing and Nigerian fraud have risen to 36 this year till October from the nine registered during the same period last year. While 136  cyber crime  offences were registered in city in 2013 till October, this year, the number is 418. Crime in numbers (Mumbai) C rime                                            2014                                            2013 Hacking/Phishing/Nigerian fraud 36                                                         09 Tampering of source code              03                                                        00 Obscene e-mails/SMS/MMS         104                                                       28 Threatening e-mail/SMS                07                                                         01 Credit card fraud                            103                                                       27 Others                                             165                                                       71 Total                                         418                                                  136 Source: http://www.dnaindia.com/mumbai/report-300-rise-in-cybercrime-cases-in-city-since-last-year-2035780 15 ARUN VERMA

16. Indian Govt May Ban U.S. Based E-mail Services For Official Communication ...Wary of cyber snooping, the government may ban use of e-mail services such as Gmail and Yahoo for official communications so as to safeguard its critical data.... ....The Department of Electronics and Information Technology is drafting a policy on e-mail usage in government offices and departments, which will be released in two months..... .....The government will send a formal notification after the policy is implemented in about two months covering about 5-6 lakh Central and State government employees to use the email service provided by National Informatics Centre (NIC)..... ....The development comes close on heels of concerns being raised by a section in the government, especially intelligence agencies, over use of email services, provided by foreign firms (mostly US-based), which have their servers located in overseas locations, making it difficult to track if sensitive government data is being snooped upon.... 16 ARUN VERMA

17. ATM card fraud: Actress Swara Bhaskar falls victim to cyber crime: A source close to the actress says after wrapping the day's schedule, the actress was on her way to her hotel when she stopped by a mall in Kharghar to withdraw cash from the ATM. When the actress was about  to make a transaction, two people who were standing close by informed her that the ATM is very slow and after listening to those people, the actress left without making any transaction. Few minutes later, she received a message saying that  Rs 20000 has been debited from her account. Seeing the message, Swara was in shock because she had not debited any money from her account and had not even entered her ATM pin. After receiving the message, she headed back to the same ATM to find out whether the ATM was functioning properly and registered a complaint with the Kharghar police. 17 ARUN VERMA

18. CYBER MURDER A patient was admitted in New York Hospital. The entire system was computerized in the hospital. One person hacked the system and modified the data relating to amount of insulin to be injected to a patient as a result of which 60mg was modified into 260mg. Nurse injected the same amount of insulin to the patient and he died. 18 ARUN VERMA

19. DR. L. PRAKASH- INDIA’S FIRST LIFE TIMER CYBER CRIMINAL FEBRUARY 7, 2008- 'Sex doctor' gets life in cyber-porn case CNN-IBN IMPORTANT CASES ARIF AZIM CASE SUHAS KATTI CASE BAAZEE.COM CASE SANJAY KUMAR KEDIA CASE AHMEDABAD MUTH CHILD BLESSING CASE 19 ARUN VERMA

20. ARP cache poisoning Address Resolution Protocol (ARP) is how network devices associate MAC addresses with IP Addresses. This enables devices on a local computer network to find each other. ARP is similar to a roll call in school. Every networked computer has 2 addresses - MAC address and IP address. MAC address (Media Access Control) is a unique identifier e.g , 00-00-0c-34-11-4e that is usually hard-coded into a Network Interface Card (NIC) by its manufacturer. It does not change. To know more about IP addresses, refer to the topic IP Addresses, DNS in the appendix. ARP cache poisoning, also known as ARP spoofing is a technique in which an attacker sends fake ("spoofed") ARP messages onto a Local Area Network. The aim is to associate the attacker's MAC address with the IP address of another host (such as the default gateway). This would send the traffic meant for gateway to the attacker. ARP spoofing allows an attacker to intercept data (passwords, credit card numbers etc) being transmitted on the network. 20 ARUN VERMA

21. CYBER BULLING Megan Taylor Meier was an American teenager who committed suicide by hanging herself 3 weeks before her 14th birthday. A year later, Meier's parents prompted an investigation into the matter and her suicide was attributed to cyber-bullying through the social networking website MySpace. COMPUTER TRESS PASS Teja uses his former wife Shrini's password to access her confidential financial files; he is said to have committed computer trespass. It does not matter if he has guessed the password or the files were not password protected. Vijay suspects his wife Basanti to be cheating on him; he checks her e-mails without her consent and prints out incriminating e-mails to use in his divorce case against her. Not only are the e-mails not admissible in court, but he would be committing a serious offence of computer trespass. Mrs. SONIA GANDHI RECEIVED THREATING E-MAILS E- MAIL FROM : [email protected], [email protected] ACCUSED PERSON LOST HIS PARENTS DURING 1984 RIOTS thus he was threatening Mrs. Sonia Gandhi for that. 21 ARUN VERMA

22. Combating cyber crimes Technological measures-Public key cryptography, Digital signatures ,Firewalls, honey pots. Cyber investigation- Computer forensics is the process of identifying, preserving, analyzing and presenting digital evidence in a manner that is legally acceptable in courts of law. These rules of evidence include admissibility (in courts), authenticity (relation to incident), completeness, reliability and believability. Legal framework-laws & enforcement 22 ARUN VERMA

23. International initiatives Representatives from the 26 Council of Europe members, the United States , Canada, Japan and South Africa in 2001 signed a convention on cybercrime in efforts to enhance international cooperation in combating computer-based crimes. The Convention on Cybercrime , drawn up by experts of the Council of Europe, is designed to coordinate these countries' policies and laws on penalties on crimes in cyberspace, define the formula guaranteeing the efficient operation of the criminal and judicial authorities, and establish an efficient mechanism for international cooperation. In 1997, The G-8 Ministers agreed to ten "Principles to Combat High-Tech Crime" and an "Action Plan to Combat High-Tech Crime ." Main objectives- Create effective cyber crime laws Handle jurisdiction issues Cooperate in international investigations Develop acceptable practices for search and seizure Establish effective public/private sector interaction 23 ARUN VERMA

24. Types of Cyber Crime CYBER CRIME AND PUNISHMENT UNDER INDIAN IT ACT 2000 te Cyber Crime Brief Description Relevant Section in IT Act Punishments Cyber Stalking Stealthily following a person, tracking his internet chats. 43, 65, 66 3 years, or with fine up to 2 lakh Cyber Pornography including child pornography Publishing Obscene in Electronic Form involving children 67, 67 (2) 10 years and with fine may extends to 10 lakh Intellectual Property Crimes Source Code Tampering, piracy, copyright infringement etc. 65 3 years, or with fine up to 2 lakh Cyber Terrorism Protection against cyber terrorism 69 Imprisonment for a term, may extend to 7 years Cyber Hacking Destruction, deletion, alteration, etc in a computer resources 66 3 years, or with fine up to 2 lakh Phishing Bank Financial Frauds in Electronic Banking 43, 65, 66 3 years, or with fine up to 2 lakh Privacy Unauthorised access to computer 43, 66, 67, 69, 72 24 ARUN VERMA

25. NATURE OF CYBER CRIME The term ‘cyber’ is derived from the word ‘cybernetics’ which means science of communication and control over machine and man. Cyberspace is the new horizon which is controlled by machine for information and communication between human beings across the world. Therefore, crimes committed in cyberspace are to be treated as cyber crimes. In wider sense, cyber crime is a crime on the Internet which includes hacking, terrorism, fraud, gambling, cyber stalking, cyber theft, cyber pornography, flowing of viruses etc. Cyber crime is a threat to national and international socio-economic, political and security system. As a result of development of technology, a new variety of crime called the cyber crime has emerged which is radically different from the traditional crimes. 25 ARUN VERMA

26. there is no fort that cannot be breached; and there is no computer that cannot be hacked―every system, every computer can be hacked. There is nothing private in the cyber space: it is the end of privacy. Professor H.L.A. Hart in his classic work entitled ‘The Concept of Law’ has stated that human beings are vulnerable to unlawful acts which are crimes and therefore, rules of law are required to protect them against such acts. Applying the same analogy to cyberspace, the computer systems despite being hi-tech devices, are extremely vulnerable. The reasons for vulnerability of computers to cyber criminality may briefly be stated as follows: 1. Huge data storage capacity 2. Wider access to information 3. Complexity of computer systems 4. Negligence of network users 5. Non-availability or loss of evidence 6. Jurisdictional uncertainty 26 ARUN VERMA

27. 1. Low risk high rewarding ventures The most striking feature of cybercrime is that they are relatively easy to commit, difficult to detect and even harder to prove. The cyber criminals with basic computer knowledge and skill can easily destroy valuable database causing huge loss or damage to the affected victims of the crime. 2. Lack of awareness among victims Many a times, the victim affected by cybercrime is unaware of its occurrence because of lack of adequate skill and know-how in handling the computer system. 3. Physical presence not required The cybercrime can be committed even from a far distant place without the necessity of its perpetrator’s physical presence at the scene of crime. 4. Lack of hi-tech skills among investigating agencies The detection of cybercrimes requires hi-tech skill which the investigators generally lack. 5. Victims refrain from reporting cases More often than not, the party or the organization victimized by the cybercrime prefers to refrain from reporting it to the police for the fear of adverse publicity or possibility of the loss of public trust in them. The reluctance of the victims to come forward and file a police complaint further aggravates the magnitude of the problem of cybercrime detection and control. 27 ARUN VERMA

28. 6. No violence is involved The cybercrime does not involve any violence, but is rather an outcome of greed, mischief and exploiting the weakness of the victim. 7. No territorial boundaries The problem of cybercrime becomes more complex because Internet knows no territorial boundaries, which enables the criminal to remain out of reach of law in most of the cases. 8. Anonymity and Openness The computer network used for information dissemination has the feature of anonymity and openness which make it easy and convenient for the criminal to indulge in crime without being identified or known to the computer user who is a victim of his illegal activity. 9. Paucity of authentic evidence Since all information over a network system is exchanged in the form of electronic data, there remains no trace of data once it is erased and the destruction of this sole evidence enables the criminal to remain undetected and escape criminal prosecution. 10. Have wider ramifications The range of cybercrime is wider enough to affect the socio-economic as also the legal rights of the people. 28 ARUN VERMA

29. ELEMENTS OF CYBER CRIME AND CRIMINAL LIABILITY Generally there are 2 elements of crime namely, mens rea and actus reus with certain exceptions. For e.g. in conspiracy only mens rea is enough for imposing criminal liability whereas in crimes against state like false evidence, counterfeiting coin, white collar crime etc. only actus reus is sufficient to impose criminal liability. The general principle of criminal law is that no person is to be convicted of a crime unless it is proved beyond reasonable doubt by the prosecution that his conduct (act or omission) is prohibited by criminal law and he is liable for the same and also that he had a defined state of mind in relation to the crime commission. Thus, actus reus unaccompanied with mens rea is not a crime. Actus reus + Mens rea = Crime Actus reus + No Mens rea = No Crime No Actus reus + Mens rea = No Crime J.C. Smith and B. Hogan considered actus reus as such result of human conduct as the law seeks to prevent. In the case of cyber crime, it is very difficult to prove both elements of crime. 29 ARUN VERMA

30. 1. Actus reus The actus reus of cyber crime is very dynamic and varied. For e.g. when with a keyboard and mouse one start functioning with computer, when one is attempting access to information on other’s computer without the consent or approval of the authorized person, when is one attempting for hacking, flowing viruses, to commit cyber crime and actually caused those acts etc. these are human conduct or actus reus in cyberspace which law seeks to prevent i.e. they are actus reus of cyber crimes. 2. Mens rea Mens rea is another essential element of cyber crime. According to Smith and Hogan, till 12th century, only for actus reus a person could be held liable for any injury without proof of mens rea or blameworthy state of mind. In modern Common Law this concept has been changed and now guilty mind is the essential element for crime commission and imposition of penalty. The term ‘ mens rea ’ is not used and defined in the Indian Penal Code, 1860. However, the use of words like fraudulently, dishonestly, knowingly, recklessly, intention etc. represents mens rea . For e.g while committing hacking, the hackers have knowledge or intention of unauthorized access and thereby commission of cyber crime. 30 ARUN VERMA

31. Protect your Computers! Use anti-virus software and firewalls - keep them up to date Keep your operating system up to date with critical security updates and patches Don't open emails or attachments from unknown sources Use hard-to-guess passwords. Don’t use words found in a dictionary. Remember that password cracking tools exist Back-up your computer data on disks or CDs often Don't share access to your computers with strangers If you have a wi-fi network, password protect it Disconnect from the Internet when not in use Reevaluate your security on a regular basis Make sure your employees and family members know this info too! 31 ARUN VERMA

32. THANK YOU 32 ARUN VERMA