Cyber Crimes & Legal Framework(cyber crime and ethics)

Cyber crime and legal framework

1. Cyber Crimes and Legal Frameworks TCT 481- Cyber Law & Ethics

2. Cyber Crime Cybercrimes can be defined as: “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, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (networks including chat rooms, emails, notice boards and groups) and mobile phones”.

3. Cyber Crime against Individual

4. Cyberstalking Browsing anyone’s internet history or online activity, and sending obscene content online with the help of any social media, software, application, etc. to know about that particular person is called cyberstalking. Cyberstalkers take advantage of the inconspicuousness provided by the internet. They are generally not detectable by the victim, as it is very easy for cyberstalkers to open spam accounts just to stalk any person; once the stalker deletes the account, his/ her identity completely vanishes.

5. Cyberbullying C yberbullying refers to bullying someone by threatening, harassing or embarrassing the victim using technology digital device.  Humiliating/embarrassing content posted online about the victim of online bullying, Hacking social media accounts Posting vulgar messages on social media  Threatening the victim to commit any violent activity Child pornography or threatening someone with child pornography

6. Cyber defamation Cyber defamation means injuring the other person’s reputation via the internet through social media, Emails etc. There are two types of Cyber defamation: Libel : It refers to any defamatory statement which is in written form. For instance, writing defamatory comments on posts, forwarding defamatory messages on social media groups, etc. are a part of cyber defamation in the form of libel. Slander : It refers to any defamatory statement published in oral form. For instance, uploading videos defaming someone on YouTube is a part of cyber defamation in the form of slander.  

7. Phishing Phishing refers to the fraudulent practice of sending emails under the pretext of reputable companies to induce individuals to reveal personal information, such as passwords, credit card numbers, etc., online. Phishing refers to the impersonation of a legitimate person and fraudulently stealing someone’s data. Through phishing attacks, cybercriminals not only exploit innocent individuals but also spoil the reputation of well-known companies.  Vishing: U ses voice and telephony technologies to trick targeted individuals into revealing sensitive data to unauthorized entities. Smishing: A fraud that uses text messages

8. Credit card fraud or debit card fraud In credit card (or debit card) fraud, unauthorized purchases or withdrawals from another’s card are made to gain access to their funds. When unauthorized purchases or withdrawals of cash are made from a customer’s account, they are considered credit/debit card fraud.

9. Impersonation and identity theft A person is impersonated or exposed to identity theft when they make fraudulent use of an electronic signature, a password, or any other unique identifier on another person’s behalf.

10. Cyber grooming The phenomenon of cyber grooming involves a person building a relationship with a teenager and having a strategy of luring, teasing, or even putting pressure on them to perform a sexual act. 

11. Cyber Morphing It is a form of crime in which the original picture is edited by an unauthorised user or a person possessing a fake identity.

12. Voyeurism Voyeurism means recording a video or capturing a photograph of a victims body. Normally, dressing rooms, bathrooms in hotels, toilets etc. are the major places where voyeurism can take place. After filming or photographing, the offender uploads them to the Internet or he may transfer those films or photographs to his friends or to somebody else.

13. Cyber Crime against Society

14. Cyber Crime against Society Those cyber crimes which affect the society at large are known as cyber crimes against society. These unlawful acts are committed with the intention of causing harm or such alterations to the cyberspace which will automatically affect the large number of people of society. The main target of these types of crimes is public at large and societal interests.

15. Cyber Crime against Society Child Pornography:  It involves the use of computer network to create, distribute or access materials that sexually exploit underage children. Online Gambling : Online fraud & Cheating is one of the most lucrative business that are growing today in cyber space eg. Credit card crime, contractual crime, offering job.

16. Cyber Crime against Society Financial Crimes : The networking sites and networking where culprit will try to attack by sending bogus mails or messages through internet Ex. Using credit cards by obtaining password illegally. Forgery : It means to deceive large number of person by sending threatening mails as online business transactions are becoming the habitual need of today’s lifestyle.

17. Cyber Crime against Property

18. Cyber Crime against Property As there is rapid growth in the international trade where businesses and consumers are increasingly using computers to create, transmit and to store information in the electronic form instead of traditional paper documents.

19. Cyber Crime against Property Intellectual Property Crimes:  Any unlawful act by which the owner is deprived completely or partially of his rights is an crime. The most common type of IPR violation may be said to be software piracy, infringement of copyright, trademark, patents, designs and service mark violation, theft of computer source code, etc. Cyber Squatting:  It involves two persons claiming for the same Domain Name either by claiming that they had registered the name first on by right of using it before the other or using something similar to that previously. i.e. www.yahoo.com and  www.yahhoo.com .

20. Cyber Squatting   The first case in India with regard to cybersquatting was  Yahoo Inc. V. Aakash Arora & Anr .,  where the defendant launched a website nearly identical to the plaintiff’s renowned website and also provided similar services. Here the court ruled in favour of trademark rights of U.S. based Yahoo. Inc (the Plaintiff) and against the defendant, that had registered itself as YahooIndia.com.

21. Cyber Crime against Property Hacking Computer System:  Hackers attacks those included Famous Twitter, blogging platform by unauthorized access/control over the computer. Those attacks were not mainly intended for financial gain too and to diminish the reputation of particular person or company. Transmitting Virus:  Viruses are programs written by programmers that attach themselves to a computer or a file and then circulate themselves to other files and to other computers on a network with intent of altering or deleting it. Cyber Trespass:  It means to access someone’s computer or network without the right authorization of the owner and disturb, alter, misuse, or damage data or system by using wireless internet connection.

22. Cyber Crime against Property Cyber Vandalism:  Vandalism means deliberately damaging property of another it includes destroying or damaging the data or information stored in computer when a network service is stopped or disrupted. These acts may take the form of the theft of a computer, some part of a computer. Internet Time Thefts:  Basically, Internet time theft comes under hacking. It is the use by an unauthorized person, of the Internet hours paid for by another person. The person who gets access to someone else’s ISP user ID and password, either by hacking or by gaining access to it by illegal means, uses it to access the Internet without the other person’s knowledge.

23. Cyber Crime against Government

24. Cyber Crime against Government The growth of internet has shown that the medium of Cyberspace is being used by individuals and groups to the international governments as also to threaten the citizens of a country. These crimes manifest itself into terrorism when an individual “Cracks” into a government or military maintained website.

25. Cyber Crime against Government Cyber Terrorism:  Cyber terrorism is a issue in the domestic as well as global concern. Terrorist attacks on the Internet are by distributed denial of service attacks, hate websites and hate e-mails, attacks on sensitive computer network etc. Cyber terrorism activities endanger the sovereignty and integrity of the nation. Cyber Warfare :-  It refers to politically motivated hacking to conduct sabotage and espionage. Distribution of printed software :- It means distributed printed software from one computer to another intending to destroy the data and official records of the Government. Possession of unauthorized information :- It is very easy to access any information by the terrorist with the aid of internet and to possess that information for political, religious, social, ideological objectives.

26. Legal Framework

27. Information Technology Act, 2000 The United Nations Commission on International Trade Law in 1996 adopted a model law on e-commerce and digital intricacies. It also made it compulsory for every country to have its own laws on e-commerce and cybercrimes. In order to protect the data of citizens and the government, the Act was passed in 2000, making India the 12th country in the world to pass legislation for cyber crimes. It is also called the IT Act and provides the legal framework to protect data related to e-commerce and digital signatures. It was further amended in 2008 and 2018 to meet the needs of society. The Act also defines the powers of intermediaries and their limitations.

28. Information Technology Act, 2000 The Act is divided into 13 chapters, 94 sections and 4 schedules. The following are the chapters under the Act: Chapter 1 deals with the applicability of the Act and definitions of various terminologies used in the Act.  Chapter 2 talks about digital and electronic signatures.  Electronic governance and electronic records are given under Chapters 3 and 4 respectively.  Chapter 5 is related to the security of these records and Chapter 6 deals with regulations of certifying authorities. 

29. Contd … Chapter 7 further gives the certificates needed to issue an electronic signature.  Chapter 8 gives the duties of subscribers and Chapter 9 describes various penalties.  Chapter 10 provides sections related to the Appellate Tribunal.  Chapter 11 describes various offences related to breach of data and their punishments.  Chapter 12 provides the circumstances where the intermediaries are not liable for any offence or breach of data privacy.  The final chapter, i.e., Chapter 13 is the miscellaneous chapter. 

30. Schedules The 4 schedules given in the Act are: Schedule 1 gives the documents and data where the Act is not applicable.  Schedule 2 deals with electronic signatures or methods of authentication.  Schedule 3 The third schedule amends the Banker's Books Evidence Act.  Schedule 4 The fourth schedule amends the Reserve Bank of India Act

31. Applicability of Information Technology Act, 2000 According to  Section 1 , the Act applies to the whole country, including the state of Jammu and Kashmir. The application of this Act also extends to extra-territorial jurisdiction, which means it applies to a person committing such an offence outside the country as well. If the source of the offence, i.e., a computer or any such device, lies in India, then the person will be punished according to the Act irrespective of his/her nationality. 

32. Offenses UNDER THE IT ACT, 2000 Section(65-78)

33. Section 65: Tampering with computer source documents Section 65  of this Act provides that Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer Programme , computer system or computer network, W hen the computer source code is required to be kept or maintained by law for the being time in force. S hall be punishable with imprisonment up to three year, or with fine which may extend up to two lakh rupees, or with both.

34. Contd … Explanation:   For the purpose of this section “computer source code” means the listing of programmes , computer commands, design and layout and programme analysis of computer resource in any form. Object : The object of the section is to protect the “intellectual property” invested in the computer. It is an attempt to protect the computer source documents (codes) beyond what is available under the Copyright Law. This section extends towards the Copyright Act and helps the companies to protect the source code of their programmes . Section 65  is tried by any magistrate. This is cognizable and bailable offense. Imprisonment up to 3 years and or Fine up to Two lakh rupees.

35. Section 66 : Hacking with the computer system Section 66  provides that-  (1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking. (2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. Explanation :  The section tells about the hacking activity. Punishment: Imprisoned up to three years and fine which may extend up to two lakh rupees Or with both.

36. Section 66 : Hacking with the computer system 66 Computer Related Offences Imprisonment up to 3 years or fine up to Rs 5 lakhs Offence is Bailable, Cognizable and triable by Court of JMFC 66-A Sending offensive messages through Communication service, etc... Imprisonment up to 3 years and fine Offence is Bailable, Cognizable and triable by Court of JMFC 66-B Dishonestly receiving stolen computer resource or communication device Imprisonment up to 3 years and/or fine up to Rs. 1 lakh Offence is Bailable, Cognizable and triable by Court of JMFC 66-C Identity Theft Imprisonment of either description up to 3 years and/or fine up to Rs. 1 lakh Offence is Bailable, Cognizable and triable by Court of JMFC 66-D Cheating by Personation by using computer resource Imprisonment of either description up to 3 years and /or fine up to Rs. 1 lakh Offence is Bailable, Cognizable and triable by Court of JMFC 66-E Violation of Privacy Imprisonment up to 3 years and /or fine up to Rs. 2 lakh Offence is Bailable, Cognizable and triable by Court of JMFC 66-F Cyber Terrorism Imprisonment extend to imprisonment for Life Offence is Non-Bailable, Cognizable and triable by Court of Sessions

37. Section 67 : Publishing of obscene information in electronic form Section 67  of this Act provides that Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstance, to read see or hear the matter contained or embodied in it. S hall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees. I n the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.

38. Section 67 : Publishing of obscene information in electronic form 67 Publishing or transmitting obscene material in electronic form On first Conviction, imprisonment up to 3 years and/or fine up to Rs. 5 lakh On Subsequent Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh Offence is Bailable, Cognizable and triable by Court of JMFC 67-A Publishing or transmitting of material containing sexually explicit act, etc... in electronic form On first Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment up to 7 years and/or fine up to Rs. 10 lakh Offence is Non-Bailable, Cognizable and triable by Court of JMFC 67-B Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form On first Conviction imprisonment of either description up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment of either description up to 7 years and/or fine up to Rs. 10 lakh Offence is Non Bailable, Cognizable and triable by Court of JMFC 67-C Intermediary intentionally or knowingly contravening the directions about Preservation and retention of information Imprisonment up to 3 years and fine Offence is Bailable, Cognizable.

39. Section 68:   Power of Controller to give directions Section 68 of this Act provides that: (1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. (2) Any person who fails to comply with any order under sub-section (1) shall be guilty of an offense and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh rupees or to both.

40. Section 68:   Power of Controller to give directions Explanation:   Any person who fails to comply with any order under subsection (1) of the above section, shall be guilty of an offense and shall be convicted for a term not less than three years or to a fine exceeding two lakh rupees or to both. The offense under this section is non-bailable & cognizable. Punishment: Imprisonment up to a term not exceeding three years or fine not exceeding two lakh rupees.

41. Section 69  : Directions of Controller to a subscriber to extend facilities to decrypt information Section 69   provides that-   (1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offense; for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. (2) The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub-section (1), extend all facilities and technical assistance to decrypt the information. (3) The subscriber or any person who fails to assist the agency referred to in subsection shall be punished with imprisonment for a term which may extend to seven years. Punishment: Imprisonment for a term which may extend to seven years. The offense is cognizable and non- bailable.

42. Section 69  : Directions of Controller to a subscriber to extend facilities to decrypt information 69 Failure to assist the agency referred to in sub section (3) in regard interception or monitoring or decryption of any information through any computer resource Imprisonment up to 7 years and fine Offence is Non-Bailable, Cognizable. 69-A Failure of the intermediary to comply with the direction issued for blocking for public access of any information through any computer resource Imprisonment up to 7 years and fine Offence is Non-Bailable, Cognizable. 69-B Intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) in regard monitor and collect traffic data or information through any computer resource for cybersecurity Imprisonment up to 3 years and fine Offence is Bailable, Cognizable

43. Section 70 : Protected System Section 70  of this Act provides that – The appropriate Government may, by notification in the Official Gazette, declare any computer resource which directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system. The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems notified under sub-section (1). Any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. The Central Government shall prescribe the information security practices and procedures for such protected system.

44. Section 70 : Protected System Explanation:  This section grants the power to the appropriate government to declare any computer, computer system or computer network, to be a protected system. Only authorized person has the right to access to protected system. Punishment: The imprisonment which may extend to ten years and fine.

45. Section 71: Penalty for misrepresentation   Section 71  provides that- (1) Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or which fine which may extend to one lakh rupees, or with both. Punishment: Imprisonment which may extend to two years or fine may extend to one lakh rupees or with both.

46. Section 72:   Penalty for breach of confidentiality and privacy Section 72  provides that- Save as otherwise provide in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulation made thereunder, has secured assess to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

47. Section 72:   Penalty for breach of confidentiality and privacy Explanation:  This section relates to any person who in pursuance of any of the powers conferred by the Act or it allied rules and regulations have secured access to any: Electronic record, books, register, correspondence, information, document, or other material. If such a person discloses such information, he will be punished. It would not apply to disclosure of personal information of a person by a website, by his email service provider. Punishment: Term which may extend to two years or fine up to one lakh rupees or with both.

48. Section 73:   Penalty for publishing Digital Signature Certificate false in certain particulars Section 73  provides that – (1) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that- (a) The Certifying Authority listed in the certificate has not issued it; (b) The subscriber listed in the certificate has not accepted it; (c) 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. (2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

49. Contd … Explanation:  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. The Certifying authority may also suspend the Digital Signature Certificate if it is of the opinion that the digital signature certificate should be suspended in public interest. A digital signature may not be revoked unless the subscriber has been given opportunity of being heard in the matter. On revocation, the Certifying Authority need to communicate the same with the subscriber. Such publication is not an offense it is the purpose of verifying a digital signature created prior to such suspension or revocation. Punishment:  Imprisonment of a term of which may extend to two Years or fine may extend to 1 lakh rupees or with both.

50. Section 74 : Publication for fraudulent purpose Section 74  provides that- Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which extends to one lakh rupees, or with both. Explanation:  This section prescribes punishment for the following acts: Knowingly creating a digital signature certificate for any fraudulent purpose or, unlawful purpose. Knowingly publishing a digital signature certificate for any fraudulent purpose or unlawful purpose Knowingly making available a digital signature certificate for any fraudulent purpose or unlawful purpose. Punishment: Imprisonment for a term up to two years or fine up to one lakh or both.

51. Section 75 : Act to apply for offense or contravention committed outside India Section 75  provides that-  (1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offense or contravention committed outside India by any person irrespective of his nationality. For the purposes of sub-section (1), this Act shall apply to an offense or Contravention committed outside India by any person if the act or conduct constituting the offense or contravention involves a computer, computer system or computer network located in India. Explanation:  This section has a broader perspective including cyber crime, committed by cyber criminals, of any nationality, any territoriality.

52. Section 76: Confiscation Section 76  provides that-  Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provisions of this Act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation. : Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of this Act, rules orders or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorized by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.

53. Section 76: Confiscation Explanation:  The aforesaid section highlights that all devices whether computer, computer system, floppies, compact disks, tape drives or any other storage, communication, input or output device which helped in the contravention of any provision of this Act, rules, orders, or regulations made under there under liable to be confiscated.

54. Section 77: Penalties or confiscation not to interfere with other punishments Section 77  provides that –  No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force. Explanation:  The aforesaid section lays down a mandatory condition, which states the Penalties or confiscation not to interfere with other punishments to which the person affected thereby is liable under any other law for the time being in force.

55. Section 78 : Power to investigate offenses Section 78  provides that – Notwithstanding anything contained in the  Code of Criminal Procedure, 1973 , a police officer not below the rank of Deputy Superintendent of Police shall investigate any offense under this Act.

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